Heavy Lifting Claims

How our personal injury solicitors can help you

When you contact us, we will have an initial consultation to understand your circumstances. We will assess whether you can make a personal injury claim and explain how much compensation you may be able to claim. If you decide to proceed with your heavy lifting and manual handling claim, we will guide you through the entire process of doing so, from making your case and gathering evidence to negotiating with the other party and ensuring they fulfil their payment to you.

Accidents of this nature can happen in almost any workplace, but the most common places include construction sites, factories, farms, warehouses and hospitals.

Heavy lifting claims can be made for injuries including:

• Back sprains
• Ligament damage
• Muscle damage
• Fractures to vertebrae
• Pulled muscles
• Broken bones
• Hernias

What information will I need to provide to make a heavy lifting and manual handling claim?

Providing evidence to back up your injury claim is a vital part of the claims process. This establishes that your injuries have happened, that they have caused you difficulty, and the extent of that difficulty. Your solicitor will help you with this step by identifying sources of evidence and, in most cases, will be able to collect them for you. This evidence may include:

• Witness statements: if anyone witnessed the accident happen or saw what caused it, their statement can be very helpful when making a claim.
• Medical reports: the diagnosis and opinions of medical professionals can be difficult to dispute.
• Photographs: images of the item being lifted that caused your accident can act as strong visual evidence to back up your claim.
• Employment information (if applicable): details of your job role and responsibilities, information about training, equipment and safety measures provided by your employer.
• Financial impact: to make a claim for your financial losses, you will need to provide records that clearly show your expenses in relation to your injury. This can include bank statements, payslips and receipts.

Our experienced personal injury team will guide you through the process of gathering evidence, ensuring that all necessary information is compiled to build a strong case. We understand that this can be a challenging time and we are committed to making the process as stress-free for you as possible.

What is the process of making heavy lifting and manual handling compensation claims?

We understand that the decision to make a compensation claim can be a daunting one - but it doesn't have to be. Here is a general guide to the process of making a claim:

1. Initial consultation: contact Ramsdens for a free, no-obligation consultation. We will discuss the details of your injury and circumstances and assess your claim's viability and potential value.

2. Gathering information: we will then begin to collect as much evidence as possible to support your claim. To help us do so, you will need to provide detailed information about the accident, your injuries and the impact your heavy lifting and manual handling accident has had on your life.

3. Notification of the claim: notify the responsible party (e.g. employer, individual or insurance company) of your intention to claim. Provide them with the details of the claim, including evidence of negligence and the extent of the injuries.

4. Negotiation: once we have built a strong argument for your compensation, we will negotiate with the responsible party or their insurance company, attempting to reach a fair settlement without proceeding to court. In most cases, personal injury claims do not go to court and a settlement is agreed upon through mediation.

5. Legal proceedings (if necessary): if a settlement cannot be reached, it may be necessary to pursue your claim in court. We will prepare and present your case, representing your interests.

6. Settlement and compensation: if your claim is successful, we will make sure the other party or their insurer meets their obligations to you and pays your compensation.

We are committed to providing expert legal assistance throughout the entire process, ensuring that your rights are protected and that you receive the compensation you deserve. Our team will work closely with you, keeping you informed and supported every step of the way.

How much compensation can I claim for a heavy lifting and manual handling injury?

Compensation for personal injury claims is split into two categories:

General damages cover the pain and suffering your injury has caused you, considering the mental health impact too. The more severe your injury and its impacts, the higher your compensation amount will be.

Special damages cover the financial aspects of your injury claim. If you have had to pay for medical costs, support at home and incurred lost wages due to being unable to work.

The injuries caused by heavy lifting range from less serious sprains to severe muscle damage and even spinal disc and vertebrae damage. Due to this, it is impossible to say exactly how much you will be able to claim in your unique situation until expert medical opinion is obtained. Speak to our team today and we will be able to provide you with an estimate on how much your compensation claim could be worth once we have discussed your circumstances.

FAQs about heavy lifting and manual handling claims

How do I prove that my employer was responsible for my injury?

Proving that your employer was responsible for your injury in a heavy lifting or manual handling claim involves demonstrating negligence on their part. Here's a general guide to the process:

• Gather evidence: collect all relevant evidence that shows a failure on the part of your employer to provide a safe working environment. This may include photographs of the area where the injury occurred, items being lifted, witness statements from colleagues, accident report forms and any communications with your employer regarding safety concerns.
• Identify breaches of duty: your employer has a legal duty to ensure your safety at work, including providing proper training, equipment and supervision for tasks involving heavy lifting and manual handling. Identifying these breaches can strengthen your claim.
• Obtain expert opinions: expert opinions from health and safety professionals or medical experts can back up your claim. They can assess the circumstances of your injury and provide testimony on how your employer's actions or lack of actions contributed to the accident.
• Show causation: it's essential to demonstrate a clear link between your employer's negligence and your injury. This may involve showing that the injury would not have occurred if proper safety measures had been in place.
• Consult a solicitor: seeking advice from a solicitor with experience in personal injury claims, such as the team at Ramsdens Solicitors, can be invaluable in building a strong case. We can guide you through the legal process, gather necessary evidence and represent your interests in negotiations or court proceedings.

What are the most common causes of manual handling injuries?

Manual handling injuries can occur in various settings, particularly in workplaces where lifting, carrying, pushing or pulling objects are a regular part of the job. The most common causes of these injuries include:

• Improper lifting techniques: lifting objects without using proper techniques can lead to strains and sprains.
• Lack of training: without adequate training in safe manual handling practices, workers may be at risk of injury. Employers are responsible for providing appropriate training to ensure that employees know how to handle loads safely.
• Overexertion: attempting to lift or move objects that are too heavy or bulky without assistance or proper equipment can lead to overexertion and subsequent injury.
• Repetitive movements: performing the same manual handling tasks repeatedly without adequate breaks or variation can lead to repetitive strain injuries.
• Inadequate equipment: the lack of proper equipment, such as trolleys or lifting aids, can force workers to handle loads in ways that put undue stress on the body.
• Poor workplace design: work environments that are not designed with ergonomics in mind may require workers to lift or move objects in awkward or unnatural positions, increasing the risk of injury.
• Slip, trip and fall hazards: uneven flooring, cluttered workspaces or wet surfaces can lead to slips, trips and falls while handling objects, resulting in injuries.
• Failure to assess risks: employers are required to conduct risk assessments for manual handling tasks. Failure to identify and mitigate risks can lead to preventable injuries.

These common causes highlight the importance of proper training, equipment and workplace design in preventing manual handling injuries.