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:
- 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.
- 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
- 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:
- The working practices employed in the workplace enable workers to lift and move items safely, in accordance with any training or guidance provided.
- 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:
- No manual handling training was given to the employee.
- 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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