Employers must ensure manual handling training to prevent back injuries at work

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The most common cause of a back injury at work is through the incorrect lifting or moving of items in the workplace. Whether that be the occasional box of paper to refill a printer, repetitive lifting on a factory assembly line, or heavy items in a warehouse or construction site, all employers have the same responsibility to provide a safe working environment where the risks of injury are minimised.

In order to minimise the risk of a back injury, employers are duty bound to ensure that all staff members have been shown how to lift and move items safely. This is commonly known as ‘Manual Handling Training’, and not only does it show how to lift safely, it also gives employees the skills to identify items that are too heavy to lift alone, and what tools (such as hoists and trolleys) should be used for items that are ‘overweight’ and too heavy to carry unaided.

The duties faced by employers are set out by the Health & Safety Executive in the Manual Handling Operations Regulations 1992. This requires an employer to implement policies and procedures to ‘prevent or reduce the risk of injury’ faced by workers required to perform manual handling.

Manual handling policies at work

The prescribed manual handling training guidelines provide employers with 3 key elements of guidance to minimise the risk of a back injury in their workforce. When carried out properly, these elements will ensure that workers can lift and move items in the workplace safely.

The 3 key areas for an employer:

  1. Remove the need for manual handling (lifting) of items involving a risk of injury – so far as is reasonably practical. Of course, it is not always possible for an employer to remove all manual lifting of items, but where possible an employer should provide mechanical aids (tools and equipment) to do the lifting of items. An employer should also investigate the possibilities of reviewing the working practices to alter the way in which an employee works to ensure that any weight/items lifted are split into easily manageable loads.
  2. Where it is not possible for a manual handling task to be removed from the worker, it is essential that an employer has adequately risk assessed the role. This must include the task being performed, the loads or items that require moving or lifting, their weight and size, the workplace itself, with regards to adequate room to lift and move items safely – such as twisting or turning and the individual capabilities of the worker.
  3. Employers must have done all they can to reduce the risk of injury through lifting or manual handling of items. There is no set maximum weight that one person should lift but it is essential that employers utilise a set policy to ensure safe working to minimise the risks faced by workers. Commonly, employers state that no single item in excess of 25kg should be lifted manually by one person. Employers must also ensure that all packages are marked clearly with the weight of the contents held within the same.

Manual handling training

To ensure that workers are able to work safely, employers should provide manual handling training. This may be delivered by way of an educational video or through a booklet. This training should provide a demonstration as to how to lift safely, by bending one’s legs to pick up/drop off an item, rather than bending the back, and what to do if an injury is sustained.

However, providing manual handling training does not in and of itself absolve an employer from responsibility for the wellbeing of employees who are being tasked with lifting and moving of items in the workplace. Not only should an employer provide training and guidance to employees regarding lifting, they must also ensure that the working practices employed in the workplace and the space provided to staff to perform lifting enables workers to do so in accordance with any training or guidance provided.

At Direct2Compensation, we have successfully assisted a number of people who have suffered a back injury at work and won their claim because no manual handling training was given. We’ve also had successful claims where the employer had provided manual handling training, but in these cases the working practices or layout of the workplace meant that it was impossible to lift items without putting undue pressure on the muscles and mechanics of the back.

What should an employer do if a back injury is reported?

If a back injury is sustained at work, it should be reported to the management team or supervisor responsible for the worker involved. Best practice would indicate that an employer ought to advise the injured worker to seek medical attention from a qualified doctor to have the injury assessed and a diagnosis obtained. If the injury is sufficiently severe, the worker will require a period of rest with no heavy lifting. In such circumstances it is likely that a doctor will medically sign the worker off for a defined period.

In the case of a minor injury, such as discomfort, it is wise for the worker to temporarily avoid lifting of items. Best practice would see an employer temporarily move the worker to light duties where possible and for the worker to then be provided with refresher training for further lifting when recovered to ensure that the injury is not repeated.

Anyone who suffers a back injury at work should ensure that the injury has been recorded within the employer’s accident book. If there has been no provision of manual handling training, this should be noted in the accident book entry and if the working practices employed within the workplace or the working area provided makes it impossible to lift items safely that too should be noted.

If your employer won’t record the incident in an accident book, or won’t let you see it, you should get legal advice.

How compensation can help you to recover

If you have suffered a back injury as a result of an incident at work or because of a repetitive strain of repeated lifting of items you may well have grounds to pursue a claim for compensation against the employer.

At Direct2Compensation we know your rights and are experts in accident at work compensation. Whether the injury has lead to you being unable to work and lose income, or simply causing ongoing discomfort, there are many benefits to successfully pursuing a claim for compensation.

Not only will a successful claim win compensation for the injury sustained, the claimant will also be able to recover any lost income or costs incurred because of the injury.

Alongside this, it is also possible to access great rehabilitation therapies as a result of the claims process. In the case of back injuries at work, most of them are a musculoskeletal issue and recovery from such problems can be achieved more quickly when physiotherapy, osteopathy or massage therapies are provided.

To find out more about how we can help you with a back injury claim against your employer, please call us on 01225 430285 or visit our ‘start a claim’ page to send us your contact details. A quick chat on the phone with us will enable us to properly assess your claim and offer you the advice and support you need. We work with leading accident at work solicitors, many of whom have a genuine speciality in claims arising from manual handling related injuries.

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Comments & Questions

Read on for questions and advice about claiming...

I started with a company where I had to load heavy grates into a trailer. There was an electrical trolley to be used to push and pull the cages out of the trailer, but it is old and difficult to use. Along with this, there was no induction or health & safety training as to how to use it, just someone showing me.
The other workers pushed and pulled these grates out as the trolley is difficult to use and slower, so I felt that I had to do the same as them, but I did end up going back to the electric trolley.

I now find myself with bad back pain and I have to stop working there because of this. Is this grounds for a claim?

Ian Morris

The lack of training or induction indicates that you may well be able to claim personal injury compensation and we would like to further investigate this for you.

Reply

The school I work at provided manual handling courses for the caretakers but not for me despite me having to moving sacks of 25kg and deal with heavy deliveries. I have been told by the hospital I need to attend 6 x physio sessions for damage to my left knee which I believe has been made worse by consistent understaffing in the last year. My employer has said I need to make up the time I spend at the physio and they have not offered to pay my wages while I attend hospital. I would like your thoughts on this. Kind regards

Ian Morris

Your employers failure to provide you with manual handling despite the fact that you were then expected to lift and move items of a considerable weight is employer negligence. As such, you have a right to make a claim for personal injury compensation for any injuries and losses (including lost income or other costs) caused as a result of the manual lifting and moving of items at work.

Your employer is clearly being unhelpful in making you make up any time spent attending medical appointments. As such, you may well feel motivated to make a claim against them.

We would be very happy to help you make your claim for personal injury compensation.

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No risk assessment or manual handling training given at work. I have been with the Company for a year. Cleaning six rooms a day. Lifting stools onto benches. Three days unpaid leave due to a partial prolapse.

Ian Morris

Your employer has acted negligently in failing to provide manual handling training and by not undertaking an appropriate risk assessment and you are likely to have valid grounds to pursue a claim for personal injury compensation as a result of the injuries you have sustained whilst undertaking your duties at work.

Reply

Hi my employment was recently unfairly terminated due to having to do 8 full days of work (sometimes 11 hours a day) of heavy lifting and strenuous activities, this was not in my job description and I received no manual handling training for this, I was easily lifting and carrying things more than 25kg. I hurt my back and knees multiple times doing this and therefore was not working to the standard they wanted me too as I was in a lot of pain and very tired so they terminated my employment. I’m trying to build a case against them to appeal. I told them I had hurt my back and knees and it was dismissed and was never written down or recorded! Where do I stand when it comes to the legal side of this sort of situation?

Ian Morris

Have you ever reported your injuries to your Doctor or attended A&E or a minor injuries unit?

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I was working for McDonald’s for just 2 shift with no actual shadow shift or “in house” training. I was “forced “ by the nature of my job to lift and push very heavy boxes. As a manual handling training I saw just some pictures. On my second shift I heard a “click” in my back. I reported to the shift manager and she said “you will get used to “ . At the moment I am off sick. Can I claim compensation from them??

Ian Morris

Please provide further information via the ‘start your claim for compensation’ page of our website and our Solicitors can then advise you as to whether we can succeed with a claim against the employer for you.

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Hi I work in a warehouse on my own 28hr a week I have had no lifting training at all apart from a forklift license. I do heavy lifting 25kg+ every day sometimes as much as 50kg. I haven’t had an accident yet but where would I stand if I did. Do I need to do anything or just keep quiet.

Ian Morris

Your employer should be ensuring that you are provided with manual handling training and their failure to do so puts them at risk of being liable for any injury you suffer as a result of lifting or moving items in the workplace.

You could advise your employer in writing that you have not been correctly trained and that you are lifting items exceeding the safe lifting limit.

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I feel I was made redundant due to finding out we have no employer liability insurance. Having hurt my back many times due to lifting heavy pots at work and fell off the forklift due to never having a lifting platform or any manual handling training.

Ian Morris

If your injury happened less than 3 years ago, you can make a claim against your employer for compensation. As the employer has no insurance cover, any claim will be directly against the business or owners if they are financially able to face such action.

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Hi I have been having treatment for lower back pain for the last 2 years now. I have just found out that I have a degenerative lower back problem and now being referred to pain clinic. I have asked work about a risk assessement as I need help to lift and carry out my duties at work, which include carrying heavy items to and from different areas and on different floors of the building.

The response I got was “if your fit for work, your fit for work” and that they have never heard of that before. So I followed up with an email quoting the Health and Safety act of lifting and handling at work. Surely, they should be supporting me?

Ian Morris

It is vital that you ensure that ANY discussions you have with your employer regarding your need for assessments/assistance are done in writing – this protects you and ensures that the employer has little wriggle room to get out of their statutory duties.

If the employer is made aware (in writing) of your needs, they must at least consider what, if any changes they should make to assist you. If things then do not go well and you need to seek legal assistance, you will have a paper-trail of evidence to support you and your Solicitor at the appropriate time.

Reply

I am a delivery driver that has to carry 20kg loads up stairs as part of my daily job. I have received no manual handling training in 3 years. If i injure myself doing this job, am i entitled to claim?

Ian Morris

The lack of manual handling training from your employer would be seen as employer negligence and should you go on to develop injuries through lifting and moving of items, you would be able to pursue a claim against your employer.

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I am working in care home where we have new staff who is working without moving and handling training or even without any previous experiences. Where we need to assist resident by two our employer wants us to work with them. But I am afraid it can happen something (resident,me or them)because they are without training. Can I refuse?

Ian Morris

You should make your employer aware – in writing – of your concerns and the lack of training given to the new staff. If you then sustain injury, your employer cannot state that they were unaware of the risks.

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I got a job In a warehouse mixing spices which involved lifting 25kg bags. I was given no moving and handling training and mentioned a few times my back was hurting. On my 11th day after lifting over 1500kg of ingredients I said I could not do anymore that day which led to them saying my trial was terminated. I visited A&E today and was told I have muscular injuries to my lower back.

Ian Morris

The lack of manual handling training from the employer will enable you to pursue a claim for the injury to your back. Our specialist Solicitors are experts in such personal injury claim scenarios and we would like to help you make your claim.

Reply

My workplace has is Making all the staff do an online course, is this legal, is it safe?

Ian Morris

The employer appears to be acting sensibly in asking all staff to do some training. Training is a vitally important component in ensuring a safe workplace and whether the training is face-to-face or online, it should be welcomed.

Reply

I currently work in a care home and have undergone moving and handling training. On our night shifts, we are expected to move a man (who requires 2 people to move and handle) and made to change him on our own. Is this ok?

Ian Morris

Regardless of whether you are on a night shift or day shift, the employer bears the same responsibility to protect your health at work. In the scenario you describe, if a resident requires a two person lift to provide care, the employer should provide 2 employees whether it is midnight or midday. If you have not already done so, you should make your employer aware in writing of the risk you are facing by being asked to move this patient with no help. Once you have done this, if you then went on to sustain injury you may be in a stronger position to pursue a claim for compensation.

Reply

I have not received any manual handling training at my work. I was shown a bit of paper with pictures but no demonstrations or told not to lift over certain weight of boxes on my own. I also have to lift boxes over 25kg to a location over a meter high and I have also had no training for the safe use of pallet trucks. A result of this is my back is getting spasms and has been sore for the last month.

Ian Morris

The employers failure to provide you with manual handling training and instructions on the safe use of pallet trucks and safe lifting is likely to be seen as employer negligence. Therefore you should ensure that your back injury is reported to the employer and that medical attention is sought from your GP.

Once this is done, you have a right to make a claim for compensation against your employer.

Reply

I have today been signed off work for 2 weeks due to back pain.
I work in the care industry and have done for the past 7 months.
To date I have received no manual handling training.
I have highlighted this with employer and requested to attend the training we have coming up this week as my name had still not been included to attend this.
I have now been given a place on this next training session.

My question is- Am I ok to attend this training although currently signed off sick?
I am thinking yes, as it is merely class based theory to my knowledge, and lasting only 3 hours.
I will check this with the deputy manager, as she should be able to advise, but she may not be able to confirm yes or no.
I’d like to get some advice on this, to cover myself as I don’t want to be doing anything wrong in this situation, or potentially cause myself any additional problems.

Ian Morris

If your GP is happy for you to attend the training, you should attend. If not, you should inform the employer and request that you are booked on to the next available course.

Given the employers failure to provide you with the training needed, you could pursue a claim against them for the back injury you have sustained. Please call us on 01225430285 if you would like to pursue your claim.

Reply

I have a problem where I hurt my back in 2016. I was a year into my job where I had never been shown how to lift the metal bars we were placing on machines or safely move pallets of metal with a pallet truck. I was never trained on the forklift so when a day came when our three main forklift drivers were off for religious reasons I was explicitly told one of my bosses would be taking over the forklift duties for the day on question, they did not do this due to being scarred of using the forklift and jobs that usually involved the use of a forklift I had to do by hand, the majority of the bars I moved that day weighed more than what one person should move by themselves. Ever since then I have had regular time off due to severe lower back pain. I’ve never been shown where the accident book is at my work place, I’ve now been moved to a section where I sit for most of the day however the chairs we have are well used to the point where there is no padding and we have to fix them up with bubble wrap and rags just for it to be bareable which recently led to an injury to my tailbone. Still, we are required to lift heavy boxes to do our work and the same reoccurring back problems happen, and when I return to work from having time off due to this within a day or two it’s back to lifting heavy items with no assistance. The company I work for to the best of my knowledge has never trained anyone when it comes to manual labour, in previous jobs I’ve either had to watch a video or read a leaflet about how to lift but never at this place. The company recently installed the Bradford Factor system however if they aren’t following basic health and safety are they allowed to penalise employees due to their own negligence? My physical and mental condition has worsened over the past couple of years, it’s to the point where I am unable to secure employment elsewhere due to how often I have back problems.

Ian Morris

Your employer was negligent in failing to provide you with the correct training for the manual work and for the correct way to use the machinery or metal bars. Therefore, they are likely to be responsible for your injuries.

However, you mention that you were injured in 2016. As you may be aware, a claim for personal injury compensation within the UK must be made within 3 years of the date of the injury. As it is now 2019, three years have passed since you were injured at work and it is likely that you are now statute barred and would be unable to take any action to make a claim against the employer. The only way you could make a claim would be if your injury at work happened in November or December 2016, in which case there is a slim chance that you are still in limitation.

Reply

In 2017 I began working as a carer. I explained I had a bad back so could not do any lifting with service users, for the 1st month I just did sit calls and a bit of shopping, and all was well until I was asked to do a call with another girl and was told I would be just driving her to the calls and assisting in giving food/drink and medication. On the 3rd call of the evening I was told by girl I was with I would need to help her “drag“ the lady who was bedridden up the bed, I wasn’t happy explaining I had bad back, but was told I have to or the lady can’t be turned to wash. I proceeded and my back clicked. I left company and I work as a receptionist now but my back is terrible and keeps going on me, my present employer said I should have had manual handling training before being sent out. I never really thought much more just that it was bad luck, but people have said that the company were responsible for making my back so much worse, I’ve lost lots of sick days in my present job, as my back has never been right.

Ian Morris

Your previous employer should have ensured that you’d received manual handling training in order that you were made aware as to how to lift and move safely and to help you minimise the risk of injury whilst at work. If they failed to provide that training, it is likely to be seen as negligence.

Was your injury at work with the former employer recorded in an accident book or other incident reporting system? If not, it may be very difficult to pursue a claim. However, if it was and the accident/injury happened within the past 3 years, you can make a claim for compensation.

Reply

What can I do if I’ve been given no manual handling training and suffered an injury at work, but in a customer garden and not at our depot?

I work for a heating company for oil tanks, so a manager has gone survey the garden etc but turned out it was all unsafe and all uneven and different levels, basically oil tank has fallen in event causing myself muscle damage to my back.

Ian Morris

Your employer has responsibility for your health and safety whilst at work, whether you are working within the employers premises or out on a site. It does not matter where you are working, the employer must ensure that you can work safely.

In the scenario you describe, you can pursue a claim for the injury to your back and we can help with this. You need to ensure that an accident book record is made with the employer and that the report notes how the tank fell and you should of course seek medical attention from your GP or a Hospital to ensure that appropriate medical evidence is available to support your claim.

Reply

I was on probationary period work as front of house and had no health and safety training or documents to look at which I questioned after having back pain from carrying weight loads too much for me. When I spoke to the manager and asked about if they have anything he said “no, it’s on you really we just have an accident book” which I found shocking. When I said about my back he said “oh well, thats last week’s problem”. After another couple of weeks of being in pain I told the manager i’m still having problems with my back and he said you still have to work a month after handing in your notice. Its been about 3 weeks and I quit and am still in pain. Just wondering if this is at all right, seems very wrong for an employer to have this disregard for their staffs health?

Ian Morris

It is totally wrong for an employer to ignore the risks of injury in the workplace. Indeed, employers have a legal obligation to ensure that the workplace is as safe as possible and that the risks of injury such as those that can be caused by overlifting are mitigated through provision of adequate manual handling training and support.

In your case, if your injury was documented in the accident book at your former workplace and you have sought medical attention, you could pursue a claim against them for the injury to your back.

Reply

I have received a back injury at work but I have never received any form of manual handling training from my employer. For some reason, my employer is under the impression that because I did receive manual handling training at previous workplaces, they have no legal obligation to provide said mht to me?!

Ian Morris

Your employer is wrong in assuming that they have no responsibility to ensure that you are able to work safely and that you are shown how to lift and move items safely. The fact that you have had such training at a previous workplace is an irrelevance here as the employer has no idea what training was given, how long ago and whether or not it was relevant to the work you now do.

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