Compensation Awards For A Lifting Accident At Work

In this guide, we’ll explore whether you’re eligible to claim compensation following a lifting accident at work. We understand you may not know where to start and the process may seem daunting.

However, this guide aims to provide the information you need. For instance, we’ll look at how lifting accidents can occur, what your employer’s duty of care is, and guidance on how to prove that your employer may be at fault.

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What Is A Lifting Accident At Work?
How A Lifting Accident Could Occur In The Workplace
How To Prove That An Employer Breached Their Duty Of Care
Calculating Compensation For A Lifting Accident At Work
Could A No Win No Fee Solicitor Handle My Case?
Discover More About Claiming For A Lifting Accident At Work

What Is A Lifting Accident At Work?

A manual handling accident could involve lifting, carrying or handling heavy objects and can result in you sustaining harm. They can lead to injuries that vary in severity.

There is health and safety legislation in place dictating what your employer must do for you if your job includes manual handling. For example, the Manual Handling Operations Regulations 1992 require all employers to carry out a risk assessment for any manual handling tasks that cannot be avoided.

The Health and Safety at Work etc. Act 1974 (HASAWA) also outlines what your employer must do to ensure a reasonably safe workplace. It sets out an employer’s duty of care. We will provide further details on an employer’s duties further in our guide.

If you think your employer was liable for the lifting accident at work that caused your injuries, we could help. Just follow the information at the top of the page.

Lifting Accident Statistics

Manual handling accidents make up over a third of all workplace injuries according to the Health and Safety Executive (HSE). In 2020/2021, 470,000 workers suffered from work-related musculoskeletal disorders (MSD).

Furthermore, reports made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), state that 18% of non-fatal injuries suffered by workers were due to lifting, handling, and carrying accidents.

Industry-specific lifting accidents where machinery has been used to lift heavy objects could have very serious consequences for those injured. For example, a crane could collapse during a heavy lifting operation, or someone could be struck by a falling heavy load. According to HSE, 10% of non-fatal injuries were caused by being struck by a moving object.

Lifting accident at work statistics provide an insight into how frequently lifting accidents occur in the workplace. To get in touch with one of our advisors, follow the information at the top of this page.

How A Lifting Accident Could Occur In The Workplace

Section 2 of HASAWA outlines your employer’s duty of care towards you. They must take all reasonable actions to ensure your safety at work. For construction health and safety, this might include carrying out risk assessments.

Additionally, if lifting equipment is required to perform manual handling tasks, employers must adhere to The Lifting Operations and Lifting Equipment Regulations 1998.

If your employer breaches this duty of care by failing to adhere to specific legislation in place and you suffer a lifting accident at work that causes you to be injured, you could be eligible to claim compensation.

Examples Of Lifting Accidents Caused By Negligence

Here are some key instances that could cause a lifting accident in the workplace:

Lack of training: It’s your employer’s responsibility to ensure you are provided with free, up-to-date training relevant to your job role. For example, a warehouse job may require training on lifting and carrying boxes safely and efficiently. If you don’t receive this training and you sustain a back injury at work after lifting heavy objects incorrectly, your employer may be liable.
Inadequate Personal Protective Equipment (PPE): If your employer has taken all reasonable steps to remove or reduce the risk of you sustaining harm but the risk still remains, your employer should provide PPE. The PPE should be free of charge. It might include hard hats and steel-toed boots for workers on construction sites to protect them from falling loads.
Faulty machinery: If your job includes heavy machinery, your employer must make sure that it is in good working order by carrying out regular risk assessments. For example, if your lifting operation includes a crane, it must be properly examined and maintained to avoid injury.

If you’ve been injured and you have evidence that your employer breached their duty of care, contact one of our advisors for advice. They can assess whether you’re eligible to make a workplace health and safety accident claim.

How To Prove That An Employer Breached Their Duty Of Care

If you’ve been involved in a lifting accident at work, you may be worried about where to start in gathering evidence for your case. Here are some tips for how to get started:

Seek medical attention immediately: This is important not only to make sure you get proper medical attention but also to have a medical record of your injuries. This record could be used as evidence in your claim. . Furthermore, it could highlight the diagnosis and treatment you were given.

Obtain other evidence: There are various types of evidence that you could gather in support of your claim, such as CCTV footage, pictures of your injuries or witness contact details.

Report the incident in the accident logbook: It’s the law that any workplace with over ten employees must have a dedicated accident log book. By reporting the incident, you have an immediate record of what happened and where. If you can’t fill it out, a colleague can do it for you.
Get legal advice: You don’t need a solicitor or lawyer to start a personal injury claim. But, by getting in contact with one of our advisors, you can receive free advice and information on proving your injury was a result of negligence. Follow the banner below to learn more.

Calculating Compensation For A Lifting Accident At Work

You may be wondering how much compensation you could receive in a claim. A lifting accident at work settlement might consist of general damages. This covers the pain and suffering caused by physical and psychological injuries.

General damages may be calculated with the help from a document called the Judicial College Guidelines (JCG). The JCG provides bracket compensation figures for different injuries.

Medical evidence may also be used to value your injuries by looking at the severity and future impact it could have. You may also be invited to an independent medical assessment, the results of which may be used to determine the current state of your condition.

The table below uses figures from the JCG. Please only use them as a guide because your actual settlement will differ.

Type Of Injury	Compensation Bracket	Notes
Work-Related Upper Limb Disorder	£8,110 to £10,090	(c) An example condition might include epicondylitis involving inflammation of the elbow joint with symptoms resolving themselves within three years.
Neck Injury	Up to £2,300	(c) Minor: (iii) A minor injury to the soft tissues in the neck that heals within three months.
Hernia	£13,970 to £22,680	(a) The person may experience ongoing pain and a limitation of physical activities.
Neck Injury	£12,900 to £23,460	(b) Moderate: (ii) Injuries might include a soft tissue injury that seriously limit movement and cause permanent pain that recurs.
Back Injury	£11,730 to £26,050	(b) Moderate: (ii) Ligament and muscle disturbance which gives rise to other symptoms such as back ache.
Shoulder Injury	£4,080 to £7,410	(d) Minor: (i) A soft tissue injury that's minor in nature and recovers within two years but causes considerable pain.
Wrist Injuries	£3,310 to £4,450	(f) A soft tissue injury that needs a plaster or bandage for some weeks but a full recovery within 12 months.
Pelvis and Hip Injuries	Up to £3,710	(c) Lesser Injuries: (ii) The person may have sustained a minor soft tissue injury but fully recovers.
Knee Injury	£65,440 to £90,290	(a) Severe: (i) The person may have experienced disruption to their joint, developed osteoathritis and damage to the ligaments.
Toe Injuries	£12,900 to £29,770	(c) Severe injuries to the toe including crush injuries that lead to one or two toes being amputated.
Hand Injuries	Up to £4,461	(v) Minor hand, finger and thumb injuries including fractures that someone will generally recover from in 6 months.

You may also be eligible for special damages. Special damages cover out-of-pocket expenses that occur directly because of your injury.

For example, you may be able to claim back any earnings you may lose due to taking time off work. You should provide evidence for this, such as payslips, invoices or bills.

Could A No Win No Fee Solicitor Handle My Case?

You don’t need to hire a solicitor in order to make a claim. However, it might be beneficial. For example, they can advise you on whether to take the first compensation offer you receive.

If you would like to avoid costly legal fees when hiring legal representation, you may be able to fund your claim through a No Win No Fee agreement.

A No Win No Fee agreement means that you will not have to pay any up-front fees. If your claim is successful, your No Win No Fee solicitor will take a legally capped percentage of the compensation known as a success fee. If your claim is unsuccessful, you won’t pay your solicitor anything at all.

We Can Help With A Lifting Accident At Work Claim

If you need free expert advice following a lifting accident at work, we could help. Contact our advisors now by:

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Discover More About Claiming For A Lifting Accident At Work

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For more information on claiming for a lifting accident at work, contact us using the information above.