Every employer has the responsibility to protect their employees from injuries sustained in accidents at work. They have to do what is reasonable to ensure that their employees are not injured in accidents.
One area relating to the workplace where there is specific legal guidance for employers is in relation to what is known as ‘manual handling’. Manual handling includes all forms of physical work including lifting and carrying, pushing and pulling or even simply working in awkward positions.
Under the employers responsibility, employers have a duty to carry out a risk assessment of the work that their employees are doing. The risk assessment needs to identify whether a particular job includes manual handling. If it does the employer is under a duty to avoid manual handling at all if possible or, if manual handling is essential, to reduce, so far as reasonably practicable, the risk of injury from manual handling.
Ways to reduce manual handling include providing employees with powered or mechanised assistance, for example using forklift trucks, pallet trucks or hoists to assist in lifting or other manual handling.
Employees should be aware that, although their employer has a legal duty to carry out a risk assessment, if they do not have a risk assessment in place, that alone is not sufficient to allow an employee to bring a successful claim for compensation for personal injuries.
A court would have to be satisfied that had an employer carried out a risk assessment it would have caused them to identify some action which they could and should have taken, to have reduced the risk of injury to their employees from manual handling, in order for a claim to be successful.
Employers can also reduce the risks from manual handling by providing their employees with suitable training. Employees can be trained in proper handling and lifting techniques and they can also be trained to know what might be considered a safe weight to lift in different circumstances.
The Health and Safety Executive includes guidance on what would usually be considered safe weights for various types of lifting, for both men and women. Depending on the specific nature of the lifting involved, a ‘safe’ weight might be considered as low as 3 kilograms or as high 25 kilograms.
It should also be noted that an employer simply providing its employees with training is not providing a suitable solution where dangerous manual handling is involved. Even if an employee has received manual handling training, they may still be able to pursue a successful personal injury claim against their employer if they can establish that the weight they were lifting was too heavy, or the manual handling manoeuvre they were carrying out was still unsafe even carried out in accordance with good lifting and manual handling practices.
If you have been injured in an accident at work and wish to discuss pursuing a claim for compensation, Oliver and Co.’s team of specialist personal injury lawyers can advise you on your rights. If we are able to assist you with your claim we can represent you at no cost to you on a ‘no win no fee’ basis.
For more information about making a claim for compensation on a ‘no win no fee’ basis, as a result of slipping or tripping, please complete our enquiry form or call us on 01244 354664.
