Back pain is the single most common cause of absence from work and in most cases it is caused as a result of injury due to utilising an improper method of lifting even modest weight. It is estimated that 4 million working days are lost in the UK every year due to musculo-skeletal injuries, most of which involve back pain. Back injury occurs frequently to employees whilst in the workplace often due to inadequate training and supervision relating to manual handling operations that have not had a proper risk assessment and often due to inadequate provision of mechanical aids to ensure that the lifting process is carried out safely and in accordance with the law. Back injury compensation claims are not restricted to manufacturing industry with manual handling accounting for about 40% of accidents in wholesale and retail distribution and over 50% in health services.
Our back injury compensation solicitors deal with personal injury claims using the no win no fee scheme. Compensation is paid in full with no deductions. Win or lose there is no charge. If you are suffering from a back injury caused by a negligent employer and would like an assessment of your anticipated claim without any further obligation, just call our helpline or email out offices and a solicitor who is a member of the Solicitors Regulation Authority panel of personal injury experts will advice you on the likely chances of success and the potential value of your claim.
The law requires employers to minimise physical injuries during manual handling operations by the provision of mechanical aids and the implementation of adequate risk assessments for all procedures that may involve manual handling. This means that all operations involving materials handling must be assessed and where reasonably practicable mechanical movement and lifting must by law be substituted for manual handling and lifting. In the event that there is no alternative to manual handling it is incumbent on employers to carry out a detailed risk assessment prior to instigation of the manual handling operation. Any such risk assessment must take into account the nature of the intended procedure, the weight involved, the location, workplace environment and the skill, experience and expertise of those involved in the lift. The principle regulations relating workplace safety are contained in the following regulations :-
Some small but important changes were made to the 1992 legislation by amendment contained in the European Directive 90/269/EEC and employers must now also take into account the following matters relating to the particular employee who may be involved in handling materials or plant who may be at risk if he or she :-
Time limits in back injury compensation claims in the United Kingdom are governed by the Limitation Act 1980. In general terms a claim must be settled or legal proceedings must have been issued in a court of law within three years of an incident causing personal injury or within three years of the symptoms becoming obvious. There are exceptions to this general rule for minors, that is those people under the age of eighteen years at the time of the accident and for the mentally disabled. In the case of a minor, time does not start running until the attainment of the eighteenth birthday, expiring on the eve of the 21st birthday and for the mentally incapacitated time does not start to run until full mental capacity is regained which means that in some cases time may never start to run allowing proceedings to be issued at any time until death.