So what are your rights if you are injured at work due to loading a van? Can you make a claim for personal injury compensation?
The Manual Handling Operations Regulations 1992
The above is legalisation with extremely important rules to ensure that employees are not injured when carrying out manual handling activities. Some of the more notable regulations read as follows:
(1) Each employer shall–
(a) so far as is reasonably practicable, avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured; or
(b) where it is not reasonably practicable to avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured–
(i) make a suitable and sufficient assessment of all such manual handling operations to be undertaken by them, having regard to the factors which are specified in column 1 of Schedule 1 to these Regulations and considering the questions which are specified in the corresponding entry in column 2 of that Schedule,
(ii) take appropriate steps to reduce the risk of injury to those employees arising out of their undertaking any such manual handling operations to the lowest level reasonably practicable.
Legislation: www.legislation.gov.uk/uksi/1992/2793/regulation/4/made
So what does this mean?
Well, steps should be taken to eliminate all manual handling as much as possible. So could a forklift be used or other carrying equipment to load the van up? If not, then has the task been risk assessed? Are there enough people to safely carry the load?
A risk assessment should address issues like having to push a load which might not be feasible, or having to potentially lift when twisted or turned. If there is a better way it can be done which would eliminate any bad practise.
Staff should be properly trained to ensure that lifting techniques are correct as well.
A failure by an employer to properly train, risk assess, or ensure that a lift can be carried out safely is a breach of the regulations which means you are entitled to make a work injury claim for personal injury compensation from your employers insurance.
For work injury claims, we offer a full No Win, No Fee service and we can work for you on a 100% compensation basis as well. Back injuries can be severe – so make sure you start your claim as soon as possible so we can help you out with any physiotherapy or other rehabilitation needs you may have.