Manual handling regulations are stringent for a very good reason. Injuries that can be caused by lifting or moving something that is too heavy can be serious – especially when they affect the muscles in the neck, back, shoulders, and arms.
But what if you are told to move something you shouldn’t have moved? What if, just for one occasion, you are instructed to move something against company policy? Can you make a claim for personal injury compensation?
The Rules
The rules place a justifiably heavy burden on your employer to remove the need for employees to undertake manual handling in the workplace where possible. If this cannot be avoided, then any such tasks need to be risk assessed so they can be carried out in the safest way possible. Your employer is responsible for ensuring that:
- The weight and size of the load is manageable
- The volume of manual handling is not excessive
- Where necessary, the amount of people who need to be involved is sufficient
- The route of the move is safe
As I said earlier though, the priority is to remove the need for manual handling completely. This can be achieved through the use of equipment, like forklift trucks, pallet trucks, hoists, and other such devices.
Where it cannot be avoided, staff need to be fully trained in how to safely perform a manual handling task.
So what if I’m told to do something I shouldn’t?
In reality, you shouldn’t do it; especially if you know it breaks company procedure. But if you are instructed to do it, most people will simply do it as they don’t feel they have a choice, or they won’t question it.
Now, if a colleague or a manager is responsible for causing an injury, their negligence falls on to your employer. So being instructed to do something you shouldn’t do, that breaches health and safety policy both generally and within the company policy can leave your employer liable. However, your knowledge of this breach can result in you being ‘contributory negligent’.
Contributory negligence is a term used by the Defendant to say you are partially responsible for your injuries. It means that, whilst the Defendant is still liable, you share some of the blame. It normally means you will lose a percentage of your compensation. For example, if you are found to be 20% contributory negligent for the accident, you will only receive 80% of the value of the claim.
Essentially, if you were told to do something you knew that you shouldn’t have, they can make this argument. Of course, if you had no idea that this could harm you, then it shouldn’t matter and your employer should be 100% liable.
An example could be being told to try and push a forklift truck that is broken down and blocking a traffic route in a warehouse, or move a large object without the right equipment as it isn’t available.
For the best advice about this, contact our team here at The Injury Lawyers on 0800 634 75 75 and we can see if we can help you out.
