If you have been hurt while lifting heavy objects at work, you might be wondering what your rights are and if you can claim compensation. Injuries caused by lifting are quite common in many jobs, but that does not mean you have to accept the pain and loss without support. This article will guide you through everything you need to know about lifting injury claims in the UK, explained clearly so you can understand your options.
What Is a Lifting Injury Claim?
A lifting injury claim is a legal action you can take if you have been injured while lifting or carrying heavy items at work. You might be able to claim compensation if your injury happened because your employer failed to keep you safe or provide the right training and equipment.
Many people suffer from neck, back, shoulder, or other injuries due to lifting at work. These injuries can cause a lot of pain and might affect your ability to work or enjoy life. The good news is that if someone else is at fault, usually your employer, you might be able to get compensation to help cover your pain, medical costs, lost earnings, and other expenses.
Who Can Make a Lifting Injury Claim?
You can make a lifting injury claim if:
- You were injured while lifting or carrying heavy things at work.
- Your employer did not provide proper training, equipment, or a safe work environment.
- Your injury happened within the last three years.
- You have evidence to support your claim, such as medical reports or witness statements.
These claims are not only for those working in factories or construction. Even if you work in an office, school, shop, or restaurant, you could still suffer a lifting injury if your employer has been negligent.
Common Causes of Lifting Injuries at Work
Understanding how lifting injuries happen can help you know if your injury could have been prevented. Some of the most common causes include:
- Improper Lifting Technique: Lifting with your back instead of your legs, twisting while lifting, or lifting something too heavy.
- Overexertion: Repeatedly lifting heavy loads or working very hard physically without proper breaks.
- Heavy or Awkward Objects: Items that are hard to grip or carry safely.
- Fatigue: Being tired from long hours or lack of sleep, which increases the risk of accidents.
- Lack of Training: Not being taught how to lift correctly or how to use equipment safely.
- Unsafe Working Conditions: Cluttered or slippery floors, poor lighting, or cramped spaces.
If your employer did not take reasonable steps to prevent these risks, they might be responsible for your injury.
What Are Your Employer’s Responsibilities?
Under UK law, employers must provide a safe working environment. The Health and Safety at Work etc. Act 1974 requires employers to:
- Carry out regular risk assessments to find hazards related to lifting.
- Provide training on safe lifting methods.
- Supply equipment like trolleys or dollies to help carry heavy loads.
- Keep the workplace clean, well-lit, and free of obstacles.
- Encourage employees to report injuries and hazards.
If your employer failed in any of these duties and you were injured as a result, you might be able to make a successful lifting injury claim.
Common Injuries Caused by Lifting at Work
Lifting injuries can happen suddenly or develop over time. Some of the most frequent injuries include:
- Back Injuries: The most common, ranging from muscle strains to severe spinal damage.
- Hernias: When muscle tissues tear and internal parts push through. These can be tricky to link to work without legal help.
- Arm, Neck, and Shoulder Injuries: Often caused by poor posture, cramped spaces, or improper lifting.
- Other injuries like muscle strain, nerve damage, repetitive strain injuries, or crush injuries can also happen.
These injuries can be painful, may require long recovery times, and in some cases, can lead to permanent disability.
How to Prevent Lifting Injuries
While your employer has legal duties, you also have a part to play in staying safe. Here are some simple tips you can use to reduce your risk of injury:
- Plan the Lift: Think about how heavy the object is and if you need help or equipment.
- Check the Path: Make sure the floor is clear and not slippery before you start lifting.
- Use Proper Technique: Keep your back straight, bend your knees, and lift with your legs, not your back.
- Avoid Twisting: Move your feet instead of twisting your body while carrying something.
- Take Your Time: Don’t rush — a few extra seconds are better than getting hurt.
- Ask for Help: Don’t be afraid to ask a colleague or use lifting equipment.
- Take Breaks: Fatigue makes injuries more likely, so rest when you need to.
What Should You Do If You Are Injured?
If you suffer a lifting injury at work, it’s important to take some steps right away to protect your rights and help your claim:
- Report the Accident: Tell your employer as soon as possible and make sure the accident is recorded in the company’s accident book. Get a copy if you can.
- Seek Medical Help: Visit a doctor or hospital to get treatment and have your injury assessed. Medical records will be key evidence.
- Gather Evidence: Take photos of the accident scene and any visible injuries. Collect witness contact details and ask if they would be willing to provide statements.
- Keep Records: Save any receipts or documents related to medical expenses, travel costs, or lost earnings.
- Don’t Delay: The law usually gives you three years to make a claim, but it’s best to start sooner while evidence is fresh.
How Much Compensation Can You Claim?
The amount of compensation depends on many things, including how serious your injury is and how it affects your life. There are two main parts to compensation:
1. General Damages
This is money to compensate for pain, suffering, and loss of enjoyment of life. The Judicial College Guidelines help solicitors estimate this amount based on injury type and severity. Some examples include:
- Minor back injury with quick recovery: up to £1,960
- Severe back injury needing surgery: £9,970 to £22,130
- Very severe back injury with nerve damage or paralysis: £59,120 to £151,070
- Moderate hernia injury: £5,590 to £13,080
- Mild arm injury: £5,630 to £16,380
- Severe arm injury with disability: £33,430 to £111,690
2. Special Damages
These cover financial losses caused by your injury, such as:
- Lost wages (both past and future)
- Prescription and medication costs
- Medical treatments like physiotherapy
- Travel expenses related to treatment
To claim special damages, you need to provide evidence like payslips, invoices, and receipts.
Can You Make a No Win No Fee Claim?
Yes, many solicitors offer No Win No Fee agreements for lifting injury claims. This means:
- You don’t pay any legal fees upfront.
- If your claim is unsuccessful, you pay nothing.
- If you win, you pay a success fee (usually no more than 25% of your compensation).
This helps remove the financial risk and makes it easier for you to get the legal support you need.
What About Job Security?
You might worry that making a claim could affect your job. The law protects you from unfair treatment or dismissal because you are claiming compensation. Employers cannot legally punish or discriminate against you for reporting injuries or making a claim.
If you face retaliation like demotion, pay cuts, or unfair dismissal, you may have grounds to take further legal action.
When Should You Start Your Claim?
You generally have three years from the date of your injury to start a claim. There are some exceptions, for example:
- If you were under 18, the three years start when you turn 18.
- If the injury or its link to work only becomes apparent later, the time starts from when you became aware.
- If you lack mental capacity, someone else can act on your behalf with no strict time limit.
Starting your claim early is always better. It makes gathering evidence easier and speeds up getting the compensation you deserve.
How to Get Help
If you think you have a lifting injury claim, don’t hesitate to seek advice. Many solicitors offer free consultations to assess your case and explain your options.
They can guide you through the process, handle communications with your employer, and fight for the compensation you deserve.
Summary
Lifting injuries at work are common but often preventable. If you’ve been hurt because your employer failed in their duty of care, you may be entitled to compensation.
Remember:
- Report your injury promptly.
- Seek medical care and keep records.
- Collect evidence and witness details.
- Understand your legal rights.
- Consider No Win No Fee solicitors to remove financial risk.
- Don’t worry about job security – the law protects you.
Getting the right support can make a real difference in your recovery and future. You don’t have to face it alone.
If you’ve been injured lifting at work, take action today to find out if you can claim. Your health and rights matter.
