Levenes secure five figure compensation settlement for manual handling injury claim
Levenes personal injury solicitors secure a five figure settlement for a client injured lifting Range Rover car parts at work. The man who made the manual handling injury claim against his employer, suffered damage to his shoulder as a result of lifting heavy boxes at work.
Lifting Injury Claims
It can be easy to suffer an injury from lifting a heavy object, especially in the workplace. This is why employers are required by law to avoid employees having to lift heavy weights at work, where possible. If lifting cannot be avoided, they must reduce the risk of injury, by making changes to the way the job is done and give training. Employers are liable to lifting injury claims if this is not carried out.
In the course of his employment Mr P was required to manually lift boxes containing heavy car parts, carry them and place them in another location. The dimensions of the boxes were such that Mr P had to carry the boxes with his arms in an outstretched position at about shoulder height. Although he had told his employer that he was experiencing some shoulder pain, the employer failed to make changes to the way he was undertaking this task.
Workplace Injury Inspection
Liability was denied by the defendant who claimed that there was nothing wrong with the way in which the work was done.
Court proceedings were issued but after the court agreed that the claimant should be allowed to have an inspection of the workplace undertaken by an expert in ergonomics, the defendant decided that perhaps they would be better off negotiating settlement.
Work Injury Compensation
Mr P was made an offer of injury compensation which he then rejected. However, following further negotiations, a reasonable settlement for the manual handling injury claim was agreed.
“Big thanks to Tim and Dagmara – they led to a positive end of a very difficult case, they did not give up even for a moment, even though I did not believe in winning anymore. I highly recommend this team – huge experience, determination in acting for the benefit of the client, very good contact at every stage of the case” Mr P.
Dagmara, commenting on the case, said “This was a challenging case given the dispute between the client and the company as to how the work should have been done. Not only was that in dispute, but also there were disputed conversations between the client and his employer and between experts as to exactly the nature of the injury suffered”.
What Is ‘Manual Handling’?
‘Manual handling’ is lifting, moving or supporting any load or item. This includes the actions of lifting, putting down, pushing, pulling, carrying or moving anything by hand or using bodily force.
Often in a manual handling injury claim the injury isn’t suffered as a result of an ‘accident’. Often the lifting injury is a result of poor technique, inadequate initial and ongoing training or poor workplace layout. Common manual handling injuries include back injuries, strains and sprains.
Manual Handling Guidelines
There is no legal maximum weight to lift at work. There are however, guidelines which set out the recommended safe lifting limits for men and women.
The recommended maximum weight limit should be adjusted depending on:
- How the load is being lifted
- How close to the body the weight is held
- How high or how low the weight is lifted
The guidelines suggest that the maximum weight men should lift at work is 25kg and for women the maximum suggested weight is 16kg.
The guideline lifting weight may need to be reduced with the influence of various contributing factors. These factors include:
- any lifting which involves twisting or bending
- if the manual handling is being carried out in a confined space
- or if the lifting activity is being repeated
If you are worried that your employer is placing you at risk of injury, by asking you to lift more than the recommended maximum weight at work, you should report your concerns.
Manual Handling & Lifting Injury at Work Claims
If you have sustained an injury as a result of lifting or carrying out manual handling and lifting tasks at work you may be entitled to claim compensation for injury. There is a legal duty of care ensuring that employers respect the safety and well-being of their employees.
Compensation cases arising out of a manual handling injury claim can be complex. Levenes injury solicitors will work to understand your case and advise whether you have a claim as a result of an employers negligence.
Tim adds “Levenes will assess cases on their merit and will take on difficult cases where we feel that there is a reasonable chance of success, even where liability is denied. The masterstroke in this case was to secure the agreement of the court for a site visit by an expert. I suspect that was the last thing the employer wanted and so it proved to be the case”.
Get Claims Advice
Levenes have more than 30 years experience with accidents at work. Our expert injury solicitors successfully conclude numerous manual handling and lifting injury compensation claims each year. For free claims advice contact us today 0800 048 2355.
Levenes secure five figure settlement for manual handling injury claim
07 May 2019