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Your questions answered……
Question: I recently injured my back as a result of lifting something heavy at work. Please can you advise me about pursuing a claim for compensation?
Answer: To successfully pursue a claim for compensation you will need to prove that your back injury was caused by your employer’s negligence or breach of statutory duty.
The Manual Handling Operations Regulations 1992 place a number of duties upon an employer. The primary duty is for employers, so far as is reasonably practicable, to avoid the need for employees to undertake any manual handling operations (which is defined as any transporting or supporting of a load by hand or by bodily force). Where this can’t be avoided, the employer is then under a duty to carry out a risk assessment in respect of that task and to take appropriate steps to reduce the risk of injury. The employer must also provide the employee with certain information concerning the task and to provide appropriate training. Where there is a breach of the Regulations which causes an injury, this gives rise to a civil claim for compensation.
There is also potential liability under the common law duty of care which employers owe to their employees in negligence which includes a duty to provide safe equipment and a safe system of work.
The issues will therefore be firstly whether your employer should have provided equipment to prevent you from having to lift the item by hand. Thereafter, it will be a question of investigating whether your employer carried out a sufficient risk assessment in respect of the task and provided you with sufficient information and training. The relevant factors will include the size and weight of the load, your gender, height and general build, and how the item needed to be lifted.
It will be necessary to obtain medical evidence to prove that your back injury has been caused by lifting the item. This will involve seeing a medical expert (often a Consultant Orthopaedic Surgeon). The expert will consider, amongst other things, the nature of the injury and whether there is anything in your past or present medical history which may be relevant to the injury (this is often the case with back injuries as people sometimes have a pre-existing condition). Where this is the case, it will tend to not prevent compensation being claimed but instead may limit the value of the injury claim.
Finally, it is worthwhile mentioning that your employer is likely to be insured in respect of any claim that you pursue, through their employer’s liability insurance policy.
If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to: Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.
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