Injuries suffered during manual operations are likely to be caused when attempting to lift a load which is too heavy or lifting the load incorrectly. This type of accident can cause sprains, strains, hernias and back injuries or, if the load is dropped, trapping or crushing injuries.

The legislation covers any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving) by hand or by bodily force. The regulations clearly indicate that an employer shall so far as is practicable, avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured. Where there is a risk of injury it is necessary for the employer to consider what equipment or plant can be used to replace manual effort.

Lifting accidents can also involve lifting machinery and are likely to be caused by articles falling from or being dropped from equipment. Apart from Common Law liability there are various statutes governing the inspection, maintenance and use of lifting equipment with which employers must comply. Breach of regulations can result in fines and compensation claims if injury occurs.

Who is entitled to claim compensation for lifting accidents?

If your job involves lifting, otherwise known as manual handling, the risk of injury should have been assessed by your employers and you should have been trained how to lift safely. In some cases equipment such as hoists or other help should be provided for you.

Your employer has a duty of care to ensure you can do your job safely. Your employer is also required to undertake a specific assessment of all operations which involve risk of injury. Where there is a risk of injury it is necessary for the employer to consider what equipment or plant can be used to replace manual effort.

Employers are also required to reduce the risk of injury by providing employees with proper training, instruction and supervision and if an accident occurs as a result of failure to provide adequate health and safety training or supervision then the employer will be held liable in negligence for any injury sustained by an employee and must pay compensation to the employee for any injury sustained.

The law relating to lifting accidents is complex and it is in your interests to ensure that you take immediate qualified advice from a specialist solicitor to preserve your legal rights.