Manual Handling Accident Claims
Manual handling accidents account for more than a third of all injuries in the workplace, so if you have injured yourself lifting or carrying heavy loads, you are not on your own.
There are a number of laws governing the safety of workers and in particular the Manual Handling Regulations cover lifting, lowering, pulling, pushing and carrying. So they aren’t restricted purely to lifting accidents as you can injure yourself whilst moving desks, lifting heavy boxes, or even catching a patient who is falling, if you are employed in a nursing environment.
All of these types of manual handling accidents and indeed types of injuries are covered by the regulations.
What sorts of workers are covered by the regulations?
Anyone who has had a manual handling accident is covered. Some jobs are obvious contenders, such as work on building sites, farm workers, workers in warehouses and shops, nurses and ancillary staff in hospitals and care homes, and delivery workers. Other less obvious occupations (although injuries can and do occur), are office workers, workers in banks and what might traditionally thought to be "lighter jobs". Pre existing health problems can play a part and injuries do not have to be immediate, they can occur over time as a result of repeated activity.
What should the Employer do to prevent or minimise the risk of manual handling accidents?
Well first off, the employer has to assess the risk of injury from the manual handling and where so far as is practicable, avoid the need for it all. If manual handling is the only way to carry out the task, then there should be risk assessments to reduce the risk to as low as possible and the use of mechanical aids should be considered, such as hoists and other lifting equipment.
Employers are required to ensure that the staff involved are properly trained in safe lifting and handling techniques and given appropriate equipment if possible. That equipment has to be properly maintained. Risk assessments and equipment have to be regularly monitored and kept up to date.
In assessing manual handling the employer should have regard to the tasks involved, the loads to be manually handled, the working environment and individual capability. That means assessing whether it might create a hazard to those who might have health problems or be pregnant for example or if it might even require specialist training to be safely performed.
Additionally the nature of the manual handling has to be considered so for example; would it mean that you would have to be involved in prolonged physical effort or unsatisfactory posture? Is there a risk of the load suddenly moving or is there excessive lifting or lowering?
These are all factors to be considered as is the working environment itself, are there space constraints for example, are the floors slippery or sloping? What about the load? Is it hot or are there sharp corners, does it contain contents that are likely to shift?
There is actually no such thing as a “safe”manual handling operation. You can injure yourself lifting a bag of sugar off a supermarket shelf if you don’t lift it properly (by stretching awkwardly for example) or if you have a pre existing back problem, but your employer has a duty to protect you as far as he can with appropriate risk assessments.
The HSE produces a chart giving guideline “safe weights” these vary depending on the employee’s gender and where they are lifting from. Those weights vary between 3kg if you are lifting from the floor and if you are female, to 25kg as a maximum if you are lifting at elbow height (perhaps taking something off a shelf?) if you are male. Those weights assume that the lifter is standing in a stable position and the load is grasped with both hands. There are a lot of permutations depending on the weights involved and whether the process involves twisting or repetition in which case the guidelines require lower weights.
The risk assessment guidelines are not safe limits for lifting or pushing or pulling, but working outside those guidelines is likely to increase the risk of injury and potential claims for the employer. There is in fact no “safe weight”.
What responsibility lies with the employee?
The employee also should be trained about their own responsibility including taking care of their safety and that of others and following the systems laid down by the employer to ensure safe manual handling. If you fail to follow those guidelines and are injured as a result you will have less chance of pursuing a claim for compensation.
If lifting is part of your job then you should be trained in lifting techniques and be made aware that for example lifting things from a height increases the risk. You should always stop and think and plan before you lift.
This area is very complex with a lot of regulation and if you have been injured whilst lifting or indeed pushing pulling or carrying weights then you should seek appropriate legal advice.
Click on the compensation guide to find out how much compensation you could expect for your manual handling injuries.
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