Manual Handling Injury Claim
Manual handling injury claims * are a common injury claim that our clients have suffered in the past. It is no surprise that back, neck and shoulder injuries as a result of heavy lifting are common in personal injuries claims, but what some people don’t know that these injuries can be sustains by pushing and pulling heavy objects without adequate training. A manual handling injury case, such as back injury from heavy lifting, can be made in cases where manual handling training was not provided or inadequate training was provided by the employer.
Common factors that contribute to manual handling injury in the workplace:
- The lifting and manual handling of unsafe loads in the workplace
- Repetitive strain injuries where the employee is carrying out the same movement without a break
- Confined workspaces
- Inadequate equipment for the carrying out of the task
- Inadequate manual handling training or the failure to provide any training
- Lifting of a load with a co-worker and the co-worker drops the load leaving the full burden of the lift on the injuries employee
Making a Claim
In order to start the claims process following a manual handling injury at work, the injury you have suffered must have been avoidable had your employer, or person responsible for workplace health and safety, fulfilled their duty of care and provide a safe working environment, in this case, had they provided you with adequate manual handling training.
When making a manual handling claim you must:
1. Report the accident to your employer
2. Obtain medical records from the doctor that treated your injuries
3. Contact a personal injury solicitor, once contacted they can assist you with requesting information from the employer to review your training records to determine whether adequate manual handling training was provided by the employer
4. It is also advisable for your manual handling case to request the employer to allow an inspection by an engineer of the location of the accident – this will assess whether your working environment was unsafe or not. It is important to note that the employee is obliged to report the accident to the Health and Safety Authority.`
Was Adequate Manual Handling training provided?
When we review manual handling claim and the employee’s training records from the employer. This an important point because for any manual handling task that an employee carries out the employer has an obligation to ensure that adequate manual handling training has been provided to the employee.
In order to protect their employees from sustaining a personal injury from a manual handling task, the employer should carry out a risk assessment of the task that the employee is required to do and provide specific training for the task.
A common story that we find is that clients who have sustained personal injuries receive training that does not relate to the task that ultimately caused the client to injure themselves. Therefore the client is not properly trained to carry out the task and the employer can be held responsible for the injury.