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 incorrect lifting or moving of items in the workplace. This could 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.

To minimise the risk of a back injury, employees must be shown how to lift and move items safely. This is commonly known as ‘Manual Handling Training’. It also gives employees the skills to identify items that are too heavy to lift alone. Additionally, what lifting aids, 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

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

  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. However, where possible an employer should provide mechanical lifting aids to do the lifting of heavy items. An employer should also investigate the possibilities of reviewing the working practices. For example, ensuring that any weight or items lifted are split into more easily manageable loads.
  2. When a manual handling task cannot be eliminated, employers must thoroughly assess the risks involved. This assessment should cover:
    • The Task: The specific manual handling task being performed
    • The Loads: The weight and size of the items that need to be moved or lifted
    • The Workplace: Whether there is adequate space to lift and move items safely, including room for twisting or turning
    • The Worker: The individual capabilities of the worker performing the task
    By carefully evaluating these key factors, employers can ensure that manual handling tasks are carried out as safely as possible, even when they cannot be removed entirely.
  3. There is no set maximum weight that one person should lift, but employers must follow 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.

Providing 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. For example, bending one’s legs to pick up/drop off an item, rather than bending the back. It should also cover what to do if an injury is sustained.

Providing manual handling training does not, on its own, absolve an employer from responsibility for the wellbeing of employees tasked with lifting and moving items in the workplace. Employers must do more than just provide training and guidance.

Employer Responsibilities

Employers must ensure that:

  1. The working practices employed in the workplace enable workers to lift and move items safely, in accordance with any training or guidance provided.
  2. The space provided to staff to perform lifting tasks is adequate and allows them to follow proper lifting techniques.

Successful Claims

We have successfully assisted employees who have suffered a back injury at work and won their manual handling injury claim, because either:

  1. No manual handling training was given to the employee.
  2. The employer had provided training, but failed to ensure safe working conditions. In these cases, the working practices or layout of the workplace made it impossible to lift items without putting undue pressure on 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. Best practice would indicate that an employer ought to advise the injured worker to seek medical attention. Ideally 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, the worker should avoid lifting for a bit. Best practice would see an employer temporarily move the worker to light duties where possible. The worker can then be provided with refresher training when recovered, to ensure that the injury is not repeated.

Accident book entries

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. If the working practices employed within the workplace make it impossible to lift items safely, that too should be noted.

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

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. A quick chat will enable us to properly assess your claim and offer you advice and support. 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 am currently signed off sick from work due to mental health and stress/anxiety. I also have on my notes with the doctor aches and pains in my neck, shoulder, my employers have had a meeting with me today to made my position redundant. My employers have said on transcript that they have not provided any manual handling training, my job involved lifting heavy items of rubbish as I was a cleaner on a residential development.

Ian Morris

You could have two separate claims to pursue. One for the physical injuries to your upper spine/neck and shoulders and the 2nd for work related stress and anxiety.

I would suggest that the best course of action would be for you to provide us with your contact details so that we can call you at a suitable time to discuss these matters with a view to pursuing claims on your behalf.

Reply

I started work 2 weeks ago in an old peoples home. I have not received any training yet and regularly assisting the elderley by getting them out of bed, taking them to the toilet. I had to attend a walk in centre yesterday due to a bad back ache and numbness in my wrist. It was diagnosed as sciatica and carpal tunnel syndrome. I have been put on co-codamol. At work the stair lift is broken so I am assisting residents in walking up and down the stairs amd am bearing their full weight. I cannot take time off work as i do not get sick pay. I do not know my rights.

Ian Morris

Your employer needs to ensure that you are trained to work safely at the earliest opportunity and this really should be BEFORE you are placed at risk.

In this case, there is reason to pursue a claim as the employer could well have been negligent towards your health and safety. You should make a report of your injury to your employer in their accident book. You should note the broken stair lift, the lack of training and the diagnosis you have been given.

We would be happy to assist you in making a claim against the employer should you decide to go down that route.

Reply

I currently work in a care home, I started in February and when I joined the company they set me a moving and handling training which was online.
When I did this they said I could now get involved with handling residents etc.
Since then my back has started to hurt and crack in awkward positions. It has left me with pain down my back and going into my legs. And some mornings I struggle to sit up.
I did my own research, and found out that the training that the employer provided me with was insufficient, and then I asked for practical moving and handling training due to pain in my back. 5 months down the line I haven’t been provided with the right practical moving and handling training.
Is there anyway of claiming for this?

I am after information, I do not want to start the claim today.

Ian Morris

Provision of manual handling training by an employer is an obligatory requirement, but provision of training in and of itself would not prevent an injured employee from pursuing a claim for injury caused by lifting and moving whilst at work.

In your case, you appear to be of the view that the employer has not provided adequate manual handling training and you could therefore possibly have a valid claim against the employer for the back pain you are suffering with.

To protect your interests, you must ensure that you report your pain to your GP and advise them that it was caused at work. It would be worth noting to your GP that you were not given adequate training. You should also make your employer aware in writing, of the inadequate training and your back pain caused as a result.

Remember, you have a maximum claim limitation period of 3 years from the date of your injury. You should note that it is important to ensure that should you opt to pursue a claim, that you do so at the earliest opportunity rather than delay any action too much. Whilst you are allowed 3 years to make your claim, if there is less than 6 months of your claim limitation remaining, it is struggle to place your claim with a Solicitor.

Reply

My employer has started asking me to move heavy items in and around the office centre where i work, moving big tables, chairs and cabinets (all on my own), my role is customer service and i have not had ANY training on how to move heavy objects correctly (manual handling training).
My back has started to hurt me the more i keep moving these items and as my contract states that i could be asked to do “other duties” around the office i feel a little obligated to do comply with these requests, a manual handling risk assessment has not been done and i have never been given any guidance to how i should be carry out these extra duties. i have made videos of the items i have been asked to move and taken many pictures as evidence.
Although i have not had a specific injury at work, i am starting to feel pain in my back, would i have a potential claim?

Ian Morris

Yes, you do have a possible claim here. Your employer has an obligation to minimise the risk of injury in the workplace and that would include providing manual handling training, assistance or equipment to move the heavy items and a risk assessment.

Given the development of your back pain, you must do two things urgently.

Firstly, attend your GP to discuss your back pain and advise them of the recent requirement to do heavy lifting at work. You should make it clear to your GP that you fully believe that your back pain is completely related to the lifting at work.

Secondly, once you have been to your GP, you need to inform your employer that you have developed back pain because of lifting and remind them that they have not provided you with any manual handling training, support or equipment to move the items and no risk assessment.

Yours is a claim we would very much like to assist with.

Reply

I was given training when I first started work, but a new owner took over about 7 months ago and has forced us to work without trolleys and lift items that exceed 25kilos. A colleague and I complained but were basically told we could find another job if we didn’t do what we were told, so had to continue working. Last week I really hurt my lower back (Doctor has said that I have sprained a disc). I have put this in the accident book, but I don’t trust my employer to keep that record so I took a photo of what I had written in the book. Can I still claim? My worry is that he will say that I did have training?

Ian Morris

Mohen, I am really sorry to hear about your injury. You most certainly should make a claim and it seems that you have done all you can to protect your rights. I will send an email to the address you provided when you made your comment and will give you a link to start your claim with us.

Reply
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