Manual handling is the moving, transporting or supporting of any kind of load or weight. Boxes, products, etc can be transported by using manual handling. 

Manual handling is done by employees of a company. When a job has responsibilities that might involve manual handling, it is important that employees are trained in the correct manner. 

Even if a professional has undergone manual training before, it is important that they are in line with the company protocols of such procedures. 

Failure to conduct manual handling in a professional way could lead to a workplace injury. 

Injuries in this instance can often be very serious and could affect multiple parts of the body.

If you have sustained a personal injury as a result of lack of training or support, then be sure to make a claim. 

You can get in contact with O’Brien & Company workplace accident solicitors to file your claim for the injury. This can help you to receive compensation for your damages.

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What is a manual handling claim?

A manual handling claim is compensation for enduring a personal injury at work. You can make this claim when your injury was caused by moving, lifting or pulling an object. 

When your job requires you to move such items that could cause physical strain, your employer should provide you with adequate training and equipment. 

If your employer does not, then they are essentially the cause of the injury. 

Filing for a claim can lead to compensation that can help to make the mishap right. You can make this claim following any injury regarding manual handling in the workplace.

Are You Eligible For Compensation?

If you want to obtain compensation for the negligence you have suffered contact us today.

Common manual handling injury claims

There are many different injury claims that you can make as a result of manual handling. Lifting or pulling boxes or other items can be quite damaging on the body when not done correctly. 

Some common manual handling injury claims are as follows:

  • Back injury claim
  • Arm injury claim
  • Leg injury claim
  • Cut and bruise injury claim
  • Muscle injury claim

Back injury claim

When you are lifting or pulling an item, it is important that you use the correct form. If you do not, you could do some serious damage to your back. 

As an employee, if an item is too heavy to lift by yourself, you should be provided equipment to move it safely. Otherwise, you could do damage to your back. 

Even if the item is light enough to lift on your own, you need to use the correct form to avoid injury. If you have not been trained in manual handling, then this is employer negligence.

Back injuries can range from minor muscle strains to spinal injury. If you have sustained such an injury, be sure to file for a claim.

Arm injury claim

You can experience an arm or shoulder injury when trying to conduct manual handling in the wrong way. 

If your employer has not provided you with the correct training or equipment, which resulted in you getting injured in your arm, you should file a claim. 

An arm injury claim can help to fund any medical procedures or appointments you may need.

Leg injury claim

Your legs could potentially be dealt with some injuries if your manual handling is not done possibly. Heavy items could put strain on the lower part of your body, leading to injury. 

Make a leg injury claim if that has occurred to you. Leg injuries from manual handling can be dangerous and serious.

Cuts and bruises claim

When lifting goods in the workplace, it is possible for boxes and other items to cut or bruise an employer. This can occur when manual handling is done incorrectly. 

If an item has the potential to inflict damage on an employee, they should be given the correct safety equipment to protect them. 

Whether the cuts and bruises are minor or major, you still have the right to make a claim.

Muscle injury claim

When you physically strain yourself in any instance, like manual handling, it is possible to strain, tear or sever muscles. 

If you sustain muscle damage as a result of poor manual handling management, you can make a claim. 

A muscle injury claim can be successful when using the help of a legal body.

Compensation for manual handling claims

When you file for a manual handling claim, success can lead to you receiving compensation. 

 Compensation can cover costs of medical bills, appointments and other financial strains.

What are you compensated for?

With your claim, you can receive compensation for a number of different things. Compensation comes from the damages that you have endured as a result of the workplace negligence. 

Damages can be split into two categories, general and specific.

General damages will mean you receive compensation for the overall situation. This means you claim won’t have any specific fees or costs involved. 

Some examples of general damages include: 

  • Loss of amenity 
  • Physical pain and suffering 
  • Mental stress

Specific damages mean that you are looking to get compensated for certain amounts due to your personal injury. 

Some examples of specific damages include: 

  • Medical bills 
  • Loss of income 
  • Future loss of income

Need Advice? Speak With An Expert.

If you are a victim of medical negligence, obtaining the advice of a professional and experienced solicitor is in your best interests.

Who is eligible for compensation?

If a manual handling incident has resulted in you being injured or hurt, you are eligible for compensation. 

Manual handling incidents can only occur in the workplace. This means you will only be eligible if you have sustained the injury at work. 

Once you make a claim, you then have begun the proceedings for compensation. If your claim is successful, you will then receive your financial benefits.

Workplace injury claims

Workplace injury claims are when you file for compensation following a personal injury sustained in the workplace. 

A workplace injury can occur from a number of different reasons including manual handling, negligence and poor working conditions. 

Can you lose your job for claiming?

You cannot lose your job for filing for a claim following a workplace injury. 

It is the responsibility of the employer to protect their staff at all times. This means that failure to do so leads to the right to make a claim. 

Every employee is entitled to work in a safe environment. 

If your employer does terminate your contract as a result of your claim, it would be seen as unfair dismissal. 

If your employer creates an uncomforting and unwelcoming work environment following the claim, this is considered constructive dismissal.

Who is at fault for a workplace injury claim?

When you endure a workplace injury, your employer is the responsible party. 

It is their job to train you, provide for you and keep you safe. Failure to do any of these things would mean they are at fault. 

Some more specific examples of how an employer can be at fault for a workplace injury claim include:

  • Not providing adequate training
  • Not providing adequate equipment
  • Hazardous work area
  • Overworking employees
  • Lack of risk assessment
  • Adequate recovery and rest
  • Understanding physical capability

Who has to pay out?

When filing for compensation against your employer, they are the ones who must pay out. 

If your claim is successful, the company will be the ones to pay out your compensation. An unsuccessful claim will result in less or no compensation.

Claim time limits

You will have two years from the date of the injury or accident to make your claim. If you are only made aware of your injuries afterwards, then you have two years from this date. 

This is a general rule and some cases may vary slightly. 

It is good to make your claim as soon following the incident as possible for the best results. 

How to make a claim

You can make a claim for manual handling by following a certain series of steps. These steps will give you the best chance of having a successful claim. 

The steps to making a manual handling claim are as follows:

First of all, you want to make sure that you seek medical attention for your personal injuries. 

Not only will this help you to be taken care of, but it will also give you much more clarity in regards to your situation.

Next, you are going to want to get in touch with a solicitor. They are trained to deal with filing claims, so they will professionally understand how to get you the best results.

Your solicitor will now begin to gather evidence to support your claim. The more evidence you have, the larger the chance of success is.

Next, your solicitor will then submit your claim towards the negligent party. 

This submission is done by sending a letter to your employer outlining the factors of your claim.

Your employer will then respond by accepting or rejecting the claim. 

If they accept the claim you have made, then the next step will see you receive your compensation. 

If they reject the claim you have made, then you must prepare for court proceedings.

If your claim is rejected, your solicitor will then prepare for a court date. 

They will use their evidence and knowledge of the situation to get your compensation claim approved. 

Going to court for manual handling claims is quite rare and it is unlikely that it is something you will have to endure. However, if it does happen your solicitor will be prepared.

Evidence to support your claim

The more evidence that you have to support your claim the better. Some things that you should try and obtain for your case include:

  • CCTV footage
  • Witnesses
  • Doctors notes
  • Scans, X-rays, medical records

Make a claim today

It is the responsibility of your employer to protect you and provide a safe working environment. 

This is what every employee deserves. So if you have been injured as a result of this negligence, then you should be sure to make a claim. 

Get in touch with O’Brien & Company’s Dublin based solicitors today to get the process of your claim off to a start. 

Following a workplace incident, it is good to file a claim as soon as possible. The more recent the case is, the bigger the chance of success is. 

So make sure you get what you deserve and reach out to their team of legal experts.

Contact us now
in confidence.

O’Brien & Company Solicitors has a wealth of experience and a history of success in personal injury and medical negligence cases.

We pride ourselves on achieving the best results for our clients whilst at the same time making everything as straightforward and clear for you as possible.