If you’ve suffered injuries due to manual handling at work, you may be wondering whether you’re entitled to compensation. This guide explains how to sue for manual handling injuries, including the steps you need to take and how to make an accident at work claim with help from our panel of solicitors. Whether you’ve experienced back injuries, wrist injuries or multiple serious injuries, knowing your rights under health and safety law is the first step towards making a manual handling injury claim.
Our panel of solicitors can help you claim manual handling compensation on a No Win No Fee basis, so there’s no financial risk to start. We’ll explain how compensation may be calculated, what evidence is needed, and how a solicitor from our panel could support you through every step of the manual handling claims process.
By the end of this guide, you’ll understand:
- Who can make a manual handling claim
- How to prove employer negligence
- What injuries qualify for a manual handling accident claim
- The types of compensation you could be entitled to
Contact Us
If you’ve been injured due to poor manual handling practices at work, don’t wait. Contact our team now to receive free advice and find out if you can sue for manual handling injuries by:
- Calling us on 0800 408 7827
- Using the live chat feature
- Contacting us online
Frequently Asked Questions
- How To Sue For Manual Handling Injuries
- The Average Compensation Payouts In Manual Handling Injury Claims
- Are Manual Handling Injuries Common?
- Examples Of Injuries Caused By Manual Handling
- What Steps Should An Employer Take To Avoid Manual Handling Injuries?
- Is There Anything Employees Should Do To Prevent Being Injured?
- Evidence Needed To Sue For Manual Handling Injuries
- Can I Sue With A No Win No Fee Manual Handling Solicitor?
- Frequently Asked Manual Handling Claims Questions
- Learn More
How To Sue For Manual Handling Injuries
To be eligible to claim compensation for a manual handling injury, you need to show that:
- You were owed a duty of care by your employer
- That duty was breached
- The breach directly led to your injuries caused by manual handling tasks
Under the Health and Safety at Work etc. Act 1974, all employers must take reasonable steps to protect employees from workplace accidents. This includes providing proper manual handling training, risk assessments, and safety equipment.
More specifically, your employer has a duty to assess manual handling risks and reduce or eliminate them wherever possible. This can include using mechanical aids, adjusting workplace layout to minimise lifting, and ensuring that employees are not asked to lift or move items beyond their physical capabilities. Employers must also comply with the Manual Handling Operations Regulations 1992, which require the evaluation of:
- The task
- The load
- The working environment
- Individual capabilities of the worker
Failure to adhere to these obligations may constitute a breach of duty of care. If your employer didn’t uphold these responsibilities—for instance, if they failed to carry out a proper risk assessment or ignored your requests for help with a heavy load—and this caused you to suffer an injury, you may be eligible to make a manual handling compensation claim.
Contact our advisors today to learn if you’re eligible.
Is There A Time Limit For Suing After A Manual Handling Injury?
In most cases, you must begin your manual handling claim within 3 years of the date of your accident, as set out by the Limitation Act 1980. However, there are exceptions for those unable to make a claim for themselves:
- Under 18s: The time limit is paused until their 18th birthday. A litigation friend (usually a parent or guardian) can make a claim on their behalf before then.
- Mental incapacity: If the injured person lacks capacity, the time limit is paused unless and until they regain capacity and the time limit will run from this date. While it is paused, a litigation friend can claim on their behalf.
See if you are still within the time limit to claim and learn how to sue for manual handling injuries by contacting our advisors.
The Average Compensation Payouts In Manual Handling Injury Claims
Compensation payouts vary based on the severity of the injury and its impact. The Judicial College Guidelines (JCG) provide guideline compensation brackets to help value the general damages portion of your claim, which covers pain and suffering.
You can see some examples of these below. These are not guaranteed amounts, and the first figure is not from the JCG.
Injury | Compensation |
---|---|
Multiple severe injuries with speical damages, including lost earnings | Up to £1,000,000+ |
Very Severe Brain Damage | £344,150 to £493,000 |
Severe (i) Neck Injuries | In the region of £181,020 |
Severe (ii) Neck Injuries | £80,240 to £159,770 |
Severe Back Injuries (ii) | £90,510 to £107,910 |
Severe Back Injuries (i) | £111,150 to £196,450 |
Severe (i) Knee Injuries | £85,100 to £117,410 |
Severe Toe Injuries | £16,770 to £25,710 |
Severe Shoulder Injuries | £23,430 to £58,610 |
Serious Toe Injuries | £11,720 to £16,770 |
Calculating The Final Manual Handling Compensation Amount
Your total manual handling compensation amount consists of:
- General damages: For pain, suffering and loss of amenity, e.g. not being able to participate in your hobbies, such as football.
- Special damages: For financial losses incurred due to the injury
Special damages could include:
- Lost income (past and future)
- Medical costs and rehabilitation expenses
- Travel costs related to medical treatment
- Care costs, even from family members
- Home adaptations for severe injuries
Get an estimate of your potential compensation payment by contacting our advisors today.
Are Manual Handling Injuries Common?
Yes. According to the Health and Safety Executive (HSE), Great Britain’s health and safety watchdog, manual handling accidents are among the most common causes of workplace injuries, with 17% of reported non-fatal injuries attributed to handling, lifting or carrying.
If you’ve suffered due to hazardous manual handling, contact our advisors to see if you could claim compensation.
Examples Of Injuries Caused By Manual Handling
Common manual handling injuries can include:
- Back injuries
- Wrist injuries
- Shoulder injuries
- Hernias from improper lifting
- Foot injuries from dropped loads
- Sprains and strains
Some examples of how these injuries could be a result of your employer failing to fulfil their duties include:
- A lack of manual handling training in a warehouse may result in a worker using poor lifting techniques, leading to a serious back injury.
- If no risk assessment was carried out and an employee was asked to lift an object too heavy for them, this could result in a hernia or severe strain.
- Poor workplace layout or inadequate safety equipment in a factory can cause a worker to trip or drop heavy boxes on themselves, resulting in foot or wrist injuries.
In each of these situations, the employer may be liable if they failed to take reasonable steps to protect the employee from harm.
These injuries can have long-term effects on your work and personal life. If you’ve experienced similar injuries, learn if you could claim manual handling compensation today by contacting our advisors.
What Steps Should An Employer Take To Avoid Manual Handling Injuries?
Employers must take reasonable steps to avoid manual handling risks, including:
- Carrying out a risk assessment
- Avoiding manual handling where possible
- Reducing the load or using lifting aids
- Providing manual handling training
- Ensuring access to proper equipment
Failure to do so may be classed as employer negligence. If your employer didn’t protect you from harm, you may be able to make a manual handling injury claim.
Speak to our team now to find out if your employer owed you more protection.
Is There Anything Employees Should Do To Prevent Being Injured?
Employees also have responsibilities. Using the TILE method can help avoid injury:
- Task – Assess the physical effort required
- Individual – Know your physical limits
- Load – Check weight, shape and stability
- Environment – Consider space, flooring and lighting
You should also:
- Attend all training
- Use equipment properly
- Report hazards
If you followed these steps but were still injured, you may have grounds to make a manual handling accident claim. Contact our advisors to learn how to sue for manual handling injuries.
Evidence Needed To Sue For Manual Handling Injuries
Strong evidence is the foundation of a successful manual handling claim. It proves how the accident happened, who was responsible, and the extent of your injuries and losses. Without sufficient evidence, your claim may be disputed, delayed or even denied.
Evidence you could gather includes:
- Medical records and diagnosis from your GP or hospital
- Accident reports from your workplace
- Witness contact details to support your version of events
- Photographic evidence of the accident scene, faulty equipment or your injuries
- Proof of financial losses, such as payslips, bank statements, receipts and invoices
This evidence helps build a compelling case that demonstrates the employer’s breached duty of care and how this directly caused your injuries. The stronger the evidence, the greater your chance of receiving the maximum manual handling compensation available.
Don’t risk missing out—speak to our advisors today for help collecting and organising your evidence.
Can I Sue With A No Win No Fee Manual Handling Solicitor?
Yes. Our panel of solicitors work on a No Win No Fee basis, under a Conditional Fee Agreement (CFA). This means:
- No upfront costs for your solicitor to start working on the claim
- No service fees if your claim fails
- A success fee (capped by law) only applies if you win. This will be taken from your compensation by your solicitor as a legally limited percentage.
Working with a No Win No Fee solicitor takes away the financial risk of hiring legal representation. With expert help, you can focus on recovery while your claim is handled professionally.
By choosing our panel of solicitors, you’ll benefit from:
- Decades of combined experience handling manual handling claims
- Specialist knowledge of workplace safety legislation and employer responsibilities
- Friendly and approachable service from start to finish
- Support with gathering evidence, organising medical assessments and valuing your claim
Contact Our Advisors
We are here to help. If you would like to learn more about working with our panel of solicitors or how to sue for manual handling injuries, contact us today by:
- Calling us on 0800 408 7827
- Using the live chat feature
- Contacting us online
Frequently Asked Manual Handling Claims Questions
Could My Employer Sack Me If I Sue Them?
No. It’s illegal for your employer to dismiss or penalise you for making a legitimate work injury claim. If they do, you may also have grounds for an unfair dismissal claim.
Can I Still Claim If I’m Self Employed?
Yes, you can claim under Section 4 of HASAWA if you are self-employed, provided you can prove that you can prove you suffered an injury due to someone breaching a duty of care they owed you.
Will I Need A Medical To Assess My Injuries?
Yes, a medical report from an independent expert will help determine the extent of your handling injuries and support your claim value. Our panel of solicitors can help arrange this for you.
How Long Will My Claim Take To Settle?
All claims are different, so it will depend on things like how much evidence you have, how severely you were injured, and whether or not the other party accepts liability.
Will I Need To Take My Employer To Court?
Most cases settle without going to court. Various factors could affect whether your case needs to go to ocurt such as whether liability is being disputed, if a compensation settlement cannot be agreed upon and the complexity of the case.
Learn More
For more helpful accident at work guides:
- Learn how to sue your employer for an accident at work
- Find out how to claim if you were injured at the office
- Get help claiming for a broken toe at work
Or, for further resources:
- Get information on manual handling injuries from the Health and Safety Executive (HSE)
- NHS information on back injuries
- Learn how to request CCTV footage of yourself
Thank you for reading our guide on how to sue for manual handling injuries.