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6th October 2008

Breach of Manual Handling Regulations Results In Injury For Care Worker

Our client asked us for accident claim advice following an injury at work. A care worker, she had many years experience in working with the elderly. However, despite complaints to her employer, she had not been provided with the manual handling training she needed to correctly handle patients who were completely immobile.

Circumstances Of The Accident At Work

On the day she received her injury at work, our client was working with an elderly patient who had suffered strokes, rendering him unable to move. A large gentleman, added to his lack of mobility, meant that he was unable to help our client by rolling over himself, and our client was forced to use a technique known as “log rolling” in order to change his bedding. A further restriction was placed on her when a risk assessment by the occupational health representative, following our client’s complaints that the patient was causing difficulties, suggested that there was nothing which would improve the situation. She further ordered that the sides of the cot had to be kept up whilst dealing with the patient, making the situation even more difficult.

Injuries Received In Manual Handling Accident

It was whilst our client was stretching over the rail and pulling the patient towards her that she felt a terrible pain down her side, and found it difficult to stretch over the bars. When the pain did not improve, she visited her GP and was advised that she had suffered a back injury at work and that the ligaments in her back and neck were swollen and in spasm. She was also advised that she had suffered an internal injury, which meant she was unable to work more than a few hours each day.

Following her accident at work, a risk assessment was carried out and she was subsequently provided with the manual handling training which, had she received it earlier, might have prevented her being injured at work.

The Judge’s ruling on Breach of Manual Handling Regulations

Although the defendant, her employer, denied that they had received any complaints from our client, the Judge found in her favour and ruled that there had been a breach of Regulation 4 of the Manual Handling Operations Regulations 1992.

He found that they had failed to review the manual handling assessment following a known deterioration in this patient’s health and circumstances.

Compensation For Injuries Received In Accident At Work

Our personal injury lawyers, who specialise in all types of work injuries and injury at work compensation claims, were successful in bringing this claim, and the Judge awarded her over £30,000 in compensation for her injuries at work.

Compensation Claims For Manual Handling

Clear Answers has extensive experience in all types of accident at work compensation claims, particularly those involving manual handling injuries. Whether your injury at work was due to negligence on the part of your employer, or some other cause, Clear Answers’ lawyers have teams of specialists waiting to help you, should you decide to instruct us to represent you in your compensation claim.

If you select Clear Answers to represent you in your claim, we will be happy to provide you with expert legal advice, and our specialist lawyers will talk you through the claims process in plain English. They will be happy to answer any questions you may have regarding your claim.

You will receive 100% of your compensation, and the person responsible for your workplace accident and injury will pay our legal fees - our service will be cost-free for you.

If you or a family member has been injured in these circumstances, please ring us on 0800 783 9019 and speak to one of our advisers. Alternatively, if you prefer to complete one of our online compensation claim forms, one of our representatives will contact you as quickly as possible

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