It is important to understand that it doesn’t matter whether you are the utmost prime condition, or if you are like me, after somewhat overindulging through Christmas, you’re feeling a little snug around the midriff – lifting injuries are not dictated by how fit you are, it is all do to with how you position yourself before and during the process of lifting, and also, which is similarly important, how you place the object down after moving can also have identical repercussions on your back and spine if not carried out correctly.
With this in mind then, and if you have ever been asked to move around objects at work and have done so without ever really giving it a second thought (I know I have before), it is worth understanding that from your employers perspective it is a legal obligation to ensure that, before any carrying of any kind is carried out, a course of sufficient and reasonable training and practice is compulsory to show all employees how to lift in a way which ensures a good centre of gravity over the object at all times, and covers all bases and precautions which must be undertaken before any lifting is attempted.
Employers have a legal priority to provide for their employees a working environment which adheres to all expectations of safety and precautions, and as such failure to educate employees about sufficient handling techniques can quite rightly put them in a position of legal vulnerability.
It is also worth mentioning that the nature and role of employment of which you are in is critical in evaluating the value of such a claim. For instance, if your course of employment predominantly takes place in an office, then preferably, employers should refrain from asking employees to lift awkward objects as it is not only somewhat alien to the nature of the job, but also protects them from a legal position. On the other hand however, if the course and nature of your employment is such that lifting is a predominant and expected requirement, then employers have an alleviated duty of care to ensure that meticulous training is carried out – not only once a year but on a consistent level ensuring that if any new and better techniques come to light, then these too are taught to there employees as soon as possible to ensure the highest safety precautions possible.
With this in mind then, we hope you are never so unfortunate as to suffer an injury such as this, however, if you ever do and have never received any guidance or training which could have altered the outcome of the event, you may certainly be entitled to claim damages and loss for your employers.