Manual handling injuries can be devastating; the back is, after all, one of the most important parts of our bodies. Injuring your back can range from discomfort to immobility. Its important that we look after our backs, so its important that we lift in the right way to make sure that we never end up injuring ourselves in the line of duty for our employers.
Manual Handling affects everyone – even the office workers that every now and then need to carry a stack of files or a box of paper from A to B need to make sure that they are doing it in the right way to avoid injury. For those of you where manual handling is an active part of your daily routine, I’d like to think you know the dangers and the health and safety rules inside out.
Rules and Regulations
The Manual Handling Operations Regulations 1992 are an important part of workplace legislation that your employer is responsible to ensure is strictly upheld. It’s your employers responsibility to fully guide and train you in how to lift safely in the workplace. All manual handling operations should be fully risk assessed so the dangers are kept to a minimum, and where necessary, mechanical equipment and / or the right amount of personnel support is a matter that needs to be carefully planned out.
It is you, the employees responsibility to make sure you follow the training, rules, and regulations to the last letter and make sure you never end up harming yourself at work. So it works both ways!
If your employer fails to train you sufficiently, or fails in the duty they have to ensure that the manual handling task you are undertaking is entirely safe and the risks minimised as much as possible, you can make a claim for compensation from their insurers. However, if it’s down to you being at fault, the insurance might not cover you!
So, be wise, and make sure you look out for yourself. But know your rights! And never be afraid to make sure your employer is doing things the right way. After all, it’s your back that’s on the line – not theirs!
OK – so here’s a thought; what if you are injured by a colleague?
Let’s say your employer has fulfilled their end of the deal and fully trained you and done all that is neccessary to reduce the risks involved, and you were doing everything correctly as well; but, your colleague who is perhaps lifting a large item with you accidentally drops the item and jars your back, or isn’t looking where he / she is going, collides with a wall and again, injures you – what then?
Luckily your employers insurance should still cover you if it’s a colleagues negligence that has caused your injury. It’s a term in the legal realm known as vicarious liability, and it simply means that your employers insurance should still cover you for instances where you are injured by the negligent actions of a colleague. Don’t worry, the claim isn’t against your work buddy – it’s still with your employers insurers, who should be more than happy to cover you.
Making a Claim
If you have been injured during a manual handling operation through no fault of your own, speak to us today by calling our free claims helpline on 0800 634 75 75 and we will let you know in minutes whether we think you have a claim or not. Your are legally entitled to claim for work accidents, and your employer has a legal obligation to hold a policy of employers liability insurance to cover you.
You are safe to claim, as there can be no adverse affects brought on you from claiming. I.e. if your employer tried to make things difficult or sack you, they legally can’t, and you have a claim for unfair dismissal (or similar, dependant on the circumstances).
We find nowadays most employers are quite happy for you to make a claim – you have been injured in the line of duty, and you deserve to be compensated. It’s a common occurrence nowadays for people to call us up telling us that their employers have actually recommended that they contact us and speak about their claim – it’s an amicable process, and it all goes through the insurance that is there to cover you for your injuries!
