Digging holes and trenches is of course required in many jobs. It’s common in constructions sites for foundations to be laid, walls and fences to be erected, and pipes or cables to be laid in the ground.
Digging itself can involve some hefty manual work; particularly if the ground is fairly solid. It comes as no surprise then that people are liable to injure their back, arms, and / or shoulder areas when they are requested to dig.
So if you are instructed by your employer to dig and you end up injured, is there a duty and can you make a claim for compensation?
What could have been done to prevent the injury?
The above is the big question. There are many health and safety rules and regulation that your employer is duty bound to adhere to. Failing to adhere to such rules means they are liable if someone is injured. So we have to ask the question – what could your employer have done to have prevented the injury from happening?
Your employer has a duty to do all they can to prevent injuries in the workplace. When it comes to digging, could proper equipment like a vehicular digger be used instead? If it can’t, were you provided with the correct and adequate type of shovel or spade? Were you expected to do the dig for long hours without breaks, thus causing the injury?
The Provision and Use of Work Equipment Regulations 1998 states that any equipment provided by an employer shall be “suitable for the purpose for which it is used or provided” and states the following:
In selecting work equipment, every employer shall have regard to the working conditions and to the risks to the health and safety of persons which exist in the premises or undertaking in which that work equipment is to be used and any additional risk posed by the use of that work equipment.
As such, if better work equipment can be utilised which would have prevented the injury, you may have a claim for work injury compensation.
Manual Handling
Digging and lifting soil or dirt can fall within the scope of manual handling. These regulations confirm the following:
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.
Legislation: www.legislation.gov.uk/uksi
Again, the duty is clear that the need for such manual handling should be eliminated as much as possible. Failure to do so resulting in injury can leave you able to make a claim for compensation.
100% Compensation Offer
For work accidents, even though the law changed in April 2013, we can still offer 100% compensation agreements. So for advice about making a claim, get in touch now!
