CASE EXPLAINED: Heavy furniture lifting injury claim
The client worked in a factory. Her job is to support production line operations and help packing parts of the furniture into boxes from time to time. On the day of the accident the client lifted a heavy box and sustained back pain. She took a break and felt better.
She has not reported the accident as she thought it is nothing to worry about. However a few days later she woke up hardly able to get our of bed due to the back pain. She took a day off and went to her GP.
When an employee is required to undertake a manual handling task, the employer must make sure the task involves sure that the risk to the client is as low as reasonably practicable:
- When possible, employers should provide employees with tools and equipment such as trolleys, cages, forklifts. The tools should be regularly maintained, and employees trained how to use them safely
- The risk assessment should be carried to indicate the situation where there are more people needed to move some items if they are too big or too heavy
- The manual handling training should be provided as employees should know how to avoid the risk of injuries, lift the items properly and be aware of things that should not be lifted. There are some maximum weight limits employees should be aware of. Manual Handling Operations Regulations 1992 (MHOR)
Generally speaking, if the manual handling can be avoided the employer should do this and the employer should adapt necessary steps to do it. In the above case we were checking the extent of any training provided for the client by the employer and any previous employers.
Another question related to the above case is whether she was required to report the accident at work to employer at the same day. It is recommended to inform the supervisor about the accident or pain as soon as possible. During the accident claim process we have to prove the cause of the back pain is related to the situation that happened at the work. There is no requirement the person injured at work should do it in writing. If the ambulance came to the place or there are witnesses the employer is most likely to make the note of the accident. If you cannot come to work the next day but you have not reported the accident on the day where it happened you should tell the employer as soon as possible of the cause of your injury. You should also inform your doctor so he can treat you and make any recommendations for your work going forward.
INJURIES: Back pain injury
Back injuries are very common type of injuries related to work accidents. We have dealt with following types:
- Straining and spraining of muscles and tendons
- Ligament damage
- Soft tissue injury
- Disc problems
Some of our clients ask if they can claim if they have been injured before. The answer is yes, even you have pre-existing back pain you can make a claim for personal injury claim. Back-pain is common occurrence as people age, and it is therefore important to ensure that we are provided with information regarding any ongoing pre-accident medical conditions or personal injury claims relating to back injuries. We will make sure it is noted in your file and medical expert can diagnose if:
- a work-related back injury is an exacerbation of a pre-existing injury
- an acceleration of a pre-existing and potentially asymptomatic underlying injury
- a completely new injury
WHAT WE DO
The help of an experienced back injury solicitor is crucial. We are aware of the important steps that need to be taken to get appropriate amount of compensation based on the number of cases we have dealt with. To make sure the case is dealt with the proper care and assistance it is helpful to determine the severity of back injury as soon as possible. The impact of the injury on client life and work is very important for us.
Back Injury – Mild
If the injuries are likely to recover within 3 months the compensation amount can reach £1,950. The symptoms usually include strains or soft tissue injuries.
If the client recovers within 2 years and no surgery is required the compensation could be as high as £6,290 however if between 2-5 years, up to £9,970 could be negotiated.
Back Injury Moderate – Severe
The injury involving a ligament, muscle, disc damage, compression/crush fractures, possibility of osteoarthritis of other type of long-term problems including surgery can be calculated between £10,000 – £30,000.
Back Injury Very Severe
Severe back injuries often include disc fractures, root damage, loss of sensation, mobility reduction often resulting in surgery. The injuries have great impact on mental health (depression, personality change, sexual activity), employment, mobility, sleeping, socialising, bowel control. This severity of the back pain can lead up to awards of £70,000 excluding compensation for other parts of the body, past and future earrings as well as other parts of the claim.
Extreme and Complex
Compensation higher than £70,000 is awarded for example for nerve damage, spinal-cord problems, long-term discomfort, pain and suffering impacting different fields of client’s life. It is worth to note here that such a person may get more than £70,000 for other parts of claim.
What else were client’s claiming for?
- The loss of past and further earnings
- Care and assistance
- Transportation cost
- Treatment and Medicine. Past and further including any private treatments
- Adapting home to the health condition
If you want us to assess your claim for the accident please contact us on 0161 639 0399.
You can also find more information about the injury claim process here.
I am satisfied with the company’s service.
Progressive Solicitors was very helpful from the beginning of my case till the end. Ismail specifically did brilliantly with me. He’d explain stuffs clearly, give you regular update and answer all your questions in a very polite and professional manner. Didn’t take more than we agreed on my claim, which is fantastic! I have been…
Great service and quick result
I recommend with a clear conscience!