Manual Handling Injury Claims

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Manual handling is defined as the transporting or supporting of loads by hand or bodily force. Where manual handling is performed in an incorrect or inappropriate manner the risk of injury rises sharply. The HSE reports that 30% of all work related accidents that require more than three days off work are associated with manual handling. 300,000 workers a year suffer back injuries as a direct result of manual handling, resulting in over 70 million working days being lost. The total amount of people suffering from a work related musculo-skeletal disorder is around 1.2 million. It is estimated that over half of these injuries were caused by manual handling. Manual handling injuries can result in pain, time off work and sometimes permanent disability if for example the spinal cord has been damaged.

Typical Causes Of Manual Handling Injuries

Manual handling does not only refer to such actions as lifting and carrying, as many suppose, but also to pulling, pushing, lowering, moving and holding objects by hand. Whether these actions are being performed on an inanimate object, such as a crate, or on a live person or animal, the resulting injuries are the same. Manual handling injuries can also be caused by other factors, such as poor posture, a pre-existing condition, or the particular physical characteristics of an individual worker. Manual handling injuries are often cumulative, the result of excessive repetition of a manual handling action, however the majority of such injuries are felt immediately during or after the action has been performed. In the majority of cases the injury is sustained in the lower back, though injuries to the neck, shoulders, arms, wrists, hands and feet are also common. Such injuries normally result in sprains or strains to muscles or tendons in these parts of the body. Hernias are particularly associated with manual handling, where the muscle tissue, usually in the groin area has ruptured, and parts of the intestine protrude through the opening. The most serious types of manual handling injuries can involve damage to the spinal cord or various types of 'crush' injuries to limbs, both of which can result in permanent disability.

Who Is Affected By Manual Handling Injuries?

Workers in almost any industry can be affected by manual handling injuries, though those where regular lifting and carrying are involved are most at risk. Workers in construction, warehouses, factories, shops and on farms are regularly exposed to working conditions conducive to manual handling injuries. Delivery drivers, nurses and other care workers are expected to regularly lift and carry heavy loads, whether animate or inanimate. However, it is estimated that up to 50% of manual handling injuries occur in supposedly safe office environments. An office worker may sustain an injury from carrying heavy folders or from a simple action such as moving a desk or filing cabinet. Any job that requires regular lifting and bending even from a low level will expose the worker to the threat of a cumulative injury.

Employers Must Take Steps To Prevent Accidents At Work

There are certain requirements that an employer should adhere to, and these are set out in the Manual Handling Operations Regulations 1992. The Regulations state than an employer has a duty, as far as is reasonably practical, to avoid the need for employees to undertake any manual handling operations at work which involve a risk to the employee of being injured. In some circumstances however, it is necessary for an employee to undertake manual handling operations at work. In these cases their employer must carry out ergonomic assessments of the task. The assessment should examine the nature of the task that the employee is undertaking, the environment they are working in, the load they are required to lift and other factors such as an individual worker's physical suitability to the task. The employer shall take steps to reduce the risk of injury to the employee and provide employees with specific indications including precise information on the weight of each load and the heaviest side of any load. In addition an employee should be clearly instructed as to how carry a certain load.

Manual Handling Injury Claims And Compensation Awards

The employer has a duty to provide protection for employees and equipment to prevent, as far as possible, the risks associated with manual handling. If this protection is not provided, or an employee has not been trained properly in the correct techniques of manual handling, then the employer may be held liable for negligence in the performance of his duties. Bartletts Solicitors are specialists in the field of manual handling injury claims. We work on a no win no fee basis meaning if you win your case your employer's insurance company will pay all of your legal fees.

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