Back Injury At Work Claims

Back Injury At Work Claims – Manual Handling

Lifting accidents at work are a major cause of back injury and back pain in the UK. Heavy lifting, bending, twisting, lifting, pushing, repetitive work, static or bad posture are just some of the contributory factors.  The accident at work solicitors must prove that the back injury at work was caused by the job and not by some other cause. It must be appreciated that in most cases it is very difficult to identify a single cause of back pain unless the worker suffers immediate pain following a single heavy lifting incident for instance.

A back injury at work can be as simple as ‘one-off’ list but also can be due to pro-long repetitive lifting at work may ultimately cause back pain, which the worker may not realise is due to work over a period of time.  It is therefore very important that specialist accidents at work solicitors are instructed to investigate the cause of back pain or back injury.  Not only may the accident at work solicitors be able to claim compensation for the back injury but also stop any further damage and injury to the back.

Since 1992 the Manual Handling Regulations came into force setting out in some detail the employer’s duty to their work force to protect workers from a work related lifting injury. The Regulations define “manual handling” as:

“…any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or bodily force.

Employer’s Duty To Prevent Back Injury At Work Claims

Employers must undertake a risk assessment for a back injury to reduce the risk of injury at work and should, so far as reasonably practicable:

1. Avoid hazardous manual handling;
2. Assess any hazardous manual handling that cannot be avoided;
3. Reduce the risk of injury;

The most obvious example to reduce the risk of an accident at work due to heavy or pro-longed lifting is for employers to provide:

1. lifting apparatus to help lift patients in a hospital
2. trolleys for the ease of transporting goods; and
3. ensure two workers are used if something heavy needs lifting rather than one worker.

Back Injury At Work Claims – Video Guide

Back Injury at Work Claims: Your Comprehensive Guide to Manual Handling Injuries

Back injuries are one of the most prevalent workplace injuries in the UK, particularly when they result from manual handling tasks. Manual handling includes lifting, carrying, pushing, pulling, or moving heavy objects, often without the appropriate equipment or training. Such injuries can be debilitating, leading to long-term pain, disability, and even a permanent inability to work.

When back injuries occur due to an employer’s failure to provide a safe working environment, injured workers may be entitled to back injury compensation. This guide will explore the causes of back injuries in the workplace, the legal responsibilities of employers, and how to successfully make a back injury at work claim. We’ll also cover practical advice on prevention and improving the workplace environment to minimise future risks.

Understanding Back Injuries in the Workplace

Back injuries can arise from various manual handling activities, and they are often exacerbated by poor working conditions, inadequate equipment, and insufficient training. According to the Health and Safety Executive (HSE), manual handling activities are one of the primary causes of musculoskeletal disorders (MSDs), including back pain.

Common Causes of Workplace Back Injuries

1. Lifting Heavy Objects
   • Lifting beyond physical capacity without assistance can cause immediate muscle strain or long-term back damage. This is common in warehouses, factories, and healthcare settings where workers frequently lift patients or heavy loads.
2. Repetitive Strain
   • Repeated bending, twisting, and lifting during work tasks can cause repetitive strain injuries. Jobs in construction, manufacturing, and agriculture often involve repetitive movements that put stress on the spine and surrounding muscles.
3. Static Posture
   • Sitting or standing in one position for extended periods can lead to poor posture and back problems. This is especially common in office environments where ergonomic workstations are not provided or in retail settings where employees stand for long shifts without proper support.
4. Pushing or Pulling Loads
   • Improper techniques in pushing or pulling trolleys, carts, or heavy objects can lead to severe back injuries. This is often seen in transportation and logistics sectors where workers frequently move large loads without adequate support or machinery.
5. Slips and Falls
   • Slips, trips, or falls while carrying objects can cause sudden impact on the back, leading to more severe injuries such as fractures or slipped discs.

Legal Responsibilities of Employers: Manual Handling Regulations

In the UK, employers are legally obligated to minimise the risks associated with manual handling under the Manual Handling Operations Regulations 1992. These regulations form part of an employer’s general duty of care towards their workers, and failure to comply with them can result in significant liability for workplace injuries.

Employer Duties Under the Regulations

1. Avoid Hazardous Manual Handling
   • The first duty of the employer is to avoid the need for manual handling wherever possible. This could involve using mechanised equipment, such as forklifts, conveyor belts, or lifting aids, to remove the need for workers to lift heavy loads manually.
2. Perform Risk Assessments
   • If manual handling cannot be avoided, employers must conduct a thorough risk assessment. This involves analysing the weight, shape, and nature of the loads, as well as the work environment and the physical capabilities of the workers.
3. Provide Training and Equipment
   • Employers must provide their employees with the necessary tools and training to handle loads safely. Manual handling training is crucial to ensure workers know how to lift, carry, push, or pull objects in a way that minimises the risk of injury. Additionally, lifting aids such as trolleys, hoists, and mechanical cranes should be provided when necessary.
4. Reduce Risks as Much as Possible
   • Even when manual handling tasks are necessary, employers should take all reasonable steps to reduce the risks. For example, encouraging team lifting, ensuring adequate rest breaks, and providing appropriate personal protective equipment (PPE) can all help reduce the risk of back injuries.

Failure to follow these legal responsibilities can make an employer liable if a worker sustains a back injury due to unsafe manual handling practices. In such cases, injured employees may be entitled to back injury compensation.

Types of Back Injuries Sustained at Work

Back injuries in the workplace can vary from mild to severe, with some resulting in long-term disability or chronic pain. Here are the most common types of back injuries that can occur due to manual handling tasks:

1. Muscle Strain

Muscle strain occurs when the muscles in the back are stretched or torn, often due to overexertion during heavy lifting. This type of injury can cause sharp pain, swelling, and limited mobility. While muscle strains may heal with rest and physiotherapy, repeated strain can lead to chronic pain and long-term damage.

2. Slipped or Herniated Disc

A herniated disc occurs when the soft tissue between the vertebrae in the spine is displaced, causing pressure on nearby nerves. This often results in severe pain, numbness, and tingling sensations in the legs and lower back. Herniated discs can be caused by heavy lifting, sudden awkward movements, or repetitive strain. In severe cases, surgery may be required to alleviate the symptoms.

3. Sciatica

Sciatica is a condition caused by the compression of the sciatic nerve, which runs from the lower back down to the legs. This results in radiating pain from the lower back, through the buttocks, and down the legs. Sciatica is often caused by poor posture, improper lifting techniques, or prolonged sitting.

4. Spinal Fractures

A spinal fracture is a serious injury that can occur when there is a sudden, forceful impact on the back, such as a fall from height or being struck by a heavy object. Spinal fractures can lead to long-term immobility and require extensive rehabilitation or surgery.

5. Chronic Back Pain

Chronic back pain can develop over time due to repetitive strain or improper posture. While the exact cause may not be immediately apparent, chronic pain can severely limit an individual’s ability to work, perform daily activities, or enjoy a normal quality of life.

Making a Back Injury at Work Compensation Claim

If you have sustained a back injury due to manual handling or unsafe work practices, you may be entitled to make a back injury at work compensation claim. Compensation can help cover your medical expenses, lost earnings, and other damages related to your injury.

Eligibility for a Back Injury Claim

To make a successful claim, you will need to demonstrate:

1. Employer Negligence
   • You must prove that your employer was negligent in their duty to provide a safe working environment. This could include failure to provide appropriate manual handling training, lifting equipment, or safe work practices. Employers who ignore health and safety regulations, such as failing to conduct risk assessments, may also be liable.
2. Causation
   • You must show that your injury was directly caused by your work tasks. For example, if you injured your back while lifting a heavy object without adequate assistance, or if repetitive manual handling tasks caused long-term back pain, you have grounds for a claim.

Evidence to Support Your Claim

The success of your claim will depend on the evidence you can provide. Essential evidence may include:

• Medical Records: A doctor’s diagnosis detailing your back injury and how it is related to your work will be crucial.
• Workplace Incident Report: If your injury resulted from a specific incident, ensure it is recorded in your workplace accident book or reported to your supervisor.
• Witness Statements: If there were witnesses to the accident or to unsafe work practices, their statements can help support your claim.
• Photographs and Documentation: Photographs of the scene, equipment, or environment that contributed to the injury, along with any records of risk assessments or lack of safety protocols, can serve as valuable evidence.

Consulting a Specialist Solicitor

Making a successful back injury claim requires legal expertise, and that’s where we come in. We specialise in handling workplace injury claims and can help you gather the necessary evidence, prove negligence, and secure the compensation you deserve.

Compensation for Back Injuries at Work

The amount of compensation you can claim for a back injury will depend on several factors, including:

• Severity of the Injury: The more severe the injury, the higher the compensation is likely to be. For example, minor muscle strains may result in compensation ranging from £2,000 to £10,000, while more serious injuries like herniated discs or fractures can attract compensation between £10,000 and in excess of £100,000.
• Impact on Ability to Work: If your injury has resulted in time off work, you can claim compensation for lost wages. If the injury has led to long-term or permanent disability, you may also claim for loss of future earnings.
• Medical and Rehabilitation Costs: Compensation may cover the cost of medical treatment, including surgery, physiotherapy, and medication.
• Pain and Suffering: Compensation for pain and suffering, also known as general damages, accounts for the physical pain, emotional distress, and loss of quality of life caused by your injury.

How Long Do You Have to Make a Claim?

In the UK, you typically have three years from the date of the injury to make a workplace injury claim. However, it’s important to seek legal advice as soon as possible to ensure your claim is filed within the correct timeframe.

Preventing Back Injuries at Work

Preventing back injuries in the workplace requires a combined effort from both employers and employees. Employers are legally obligated to reduce the risk of injury by following best practices, while employees should also be proactive in protecting their health. Below are essential prevention strategies that can help minimise the risk of back injuries in manual handling jobs:

1. Proper Manual Handling Training

Manual handling training is essential for any worker involved in tasks such as lifting, carrying, pushing, or pulling. Training should focus on teaching workers the correct techniques for lifting and moving loads, such as:

• Bending the knees and keeping the back straight when lifting objects.
• Keeping the load close to the body to reduce strain on the spine.
• Avoiding twisting or overreaching while carrying heavy loads.
• Team lifting when an object is too heavy for one person to handle safely.

Employers should ensure that workers receive regular refresher courses on manual handling techniques to keep their skills up to date.

2. Use of Lifting Equipment

Wherever possible, employers should provide equipment to assist with manual handling tasks. Trolleys, hoists, or pallet jacks can significantly reduce the need for workers to lift or carry heavy objects, thus preventing back strain. In healthcare settings, for example, using lifting apparatus to move patients can reduce the physical burden on workers.

3. Ergonomically Designed Workstations

In roles that require extended periods of sitting or standing, ergonomic workstations are essential. Chairs with proper lumbar support, adjustable desks, and footrests can help workers maintain good posture and avoid developing back pain. Employees should also be encouraged to take regular breaks to stretch and move around, which helps reduce the risk of static postural strain.

4. Risk Assessments and Safe Work Environments

Employers must carry out regular risk assessments to identify any potential hazards in the workplace. This includes assessing the physical demands of manual handling tasks, the weight and shape of the loads, and the environment where tasks are carried out. Poor lighting, uneven floors, or cluttered workspaces can increase the risk of slips, trips, and falls, which can lead to back injuries.

5. Encourage Good Posture and Movement

Maintaining a healthy posture during work tasks is key to preventing back injuries. Workers should be encouraged to keep their back straight, shoulders relaxed, and feet flat on the ground when sitting for extended periods. Employers should also encourage regular movement and stretching breaks to prevent stiffness and reduce the strain on muscles.

Below are some real-life examples of back injuries at work and how much compensation they received

1. Case: Healthcare Assistant Injured While Lifting a Patient

Overview: A healthcare assistant suffered a back injury while attempting to manually lift a patient. The employer had failed to provide the appropriate lifting equipment, and there was no manual handling training offered. As a result, the assistant sustained a herniated disc, which required surgery and extensive rehabilitation.

Outcome: The healthcare assistant successfully claimed compensation for the injury, arguing that her employer had breached the Manual Handling Operations Regulations 1992. The court found the employer negligent for not providing lifting aids or proper training.

Compensation Awarded: £75,000 for medical costs, lost wages, and future loss of earnings, as well as compensation for pain and suffering.

2. Case: Factory Worker Injured Due to Inadequate Risk Assessment

Overview: A factory worker was asked to manually lift and carry heavy metal components as part of his job. There was no risk assessment conducted, and the worker had not been trained in proper lifting techniques. Over time, the worker developed chronic back pain, which worsened until he was unable to work.

Outcome: The worker pursued a claim under the Manual Handling Operations Regulations and the employer was found to have breached its duty of care by failing to carry out a risk assessment and not providing adequate training. The case highlighted how the employer should have considered ergonomic tools or team lifting to reduce the risks.

Compensation Awarded: £40,000 for medical treatment, loss of earnings, and pain and suffering.

3. Case: Office Worker with Long-Term Postural Injury

Overview: An office worker developed chronic back pain due to prolonged periods of sitting in a poorly designed workstation without ergonomic furniture. The worker had repeatedly complained about the discomfort, but the employer failed to take action. The pain eventually became severe, requiring extensive physiotherapy and time off work.

Outcome: The worker successfully claimed compensation on the grounds that the employer had failed to provide a safe working environment and ignored the repeated complaints. The case reinforced the need for employers to conduct proper ergonomic assessments in office environments and adjust workstations accordingly.

Compensation Awarded: £25,000 for physiotherapy costs, time off work, and long-term disability adjustments.

4. Case: Warehouse Worker with Acute Injury from a Fall

Overview: A warehouse worker was injured when lifting a heavy object off a high shelf without assistance. The worker lost balance and fell, suffering a spinal fracture. The employer had failed to provide lifting equipment or a second person to assist with the task. The injury required surgery and months of recovery time.

Outcome: The worker filed a claim against the employer under the Health and Safety at Work Act 1974 and the Manual Handling Operations Regulations 1992. The employer was found negligent for not providing a safe working system and for failing to comply with manual handling guidelines.

Compensation Awarded: £90,000 for medical expenses, rehabilitation costs, lost wages, and compensation for pain and suffering.

5. Case: Delivery Driver Injured Due to Inadequate Equipment

Overview: A delivery driver suffered a back injury while unloading heavy goods from a truck. The employer had failed to provide a trolley or lifting aid, and the worker was forced to manually carry the loads, leading to a muscle strain and later chronic back pain.

Outcome: The driver’s claim was successful as it was proven that the employer did not provide the appropriate equipment to assist in unloading heavy goods, violating the Manual Handling Regulations.

Compensation Awarded: £35,000 for medical bills, lost income, and compensation for the long-term effects of the injury.

Summary

Back injuries from manual handling tasks are not only common in the workplace, but they can also have severe and lasting consequences for employees. However, these injuries are often preventable with the right measures in place. Employers have a duty to protect their workers by providing proper training, conducting risk assessments, and offering the necessary equipment to minimise manual handling risks. Employees, on the other hand, should be mindful of their own posture, take frequent breaks, and use lifting aids whenever possible.

If you’ve sustained a back injury at work due to unsafe manual handling, you may be entitled to compensation. At our firm, we specialise in handling back injury at work claims. By working with us, we can help you gather the necessary evidence, prove employer negligence, and secure the compensation you deserve.