Back injury through lifting at work? Can you claim compensation?

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Some of the most common accident at work compensation claims are for muscular injuries affecting the back. Whether someone is regularly shifting stock in a shop, moving materials on a factory production line or building site, or simply moving boxes in a office, all employers have a responsibility to ensure that staff members are adequately trained and advised as to how to lift items safely. Back injuries like a slipped disc can even be caused by light items if the lifting is not done in the correct manner.

Safe lifting and carrying training is commonly known as manual handling training. Whether or not an employer has provided manual handling training will be very relevant to us reaching a decision as to whether or not there is a valid claim for work accident compensation to be made.

Employer responsibilities – manual handling guidance and training

All good employers will ensure that new staff members undergo a basic induction to the workplace. This will provide general health and safety guidance that is relevant to all employees, such as how to act if a fire alarm sounds, what to do after an accident, how to use the accident book and who the first aid staff are. Alongside this, all staff should be provided with manual handling guidance. This could be as simple as watching a short video showing how to lift and move items safely, how to avoid putting excess stress on the muscles in the lower back and how to safely move items.

If you work for an employer who has not provided this guidance, and you have suffered an injury to your back as a result of lifting and moving items, you may well have a strong claim for accident at work compensation. If you have not suffered an injury, but have not been trained, you should advise your employers that they are putting all staff at risk of injury.

Providing training and advice on lifting in the workplace may to many people seem like teaching your granny how to suck eggs, but the consequences of an injury to the muscles of the back can have long lasting implications that can prevent someone from working, being active or able to fulfill their usual day-to-day activities. It is in every employer’s interest to provide such basic training to staff members as it will reduce injuries, reduce costs of staff absences and prevent staff members needing to claim compensation .

As well as training new staff, employers should also ensure that existing staff members are provided with regular refresher training (usually every 3 years) and given any updated advice as and when experts issue such new guidance.

Inadequate environments and unsafe lifting practices

Providing training to staff is not in itself enough to enable an employer to refuse liability for injuries caused to the back through lifting at work. Providing training is one thing, but providing a working environment that enables staff to work safely and in accordance with the training provided is essential. We have regularly helped people claim compensation for back injuries caused through work who have had training from an employer. However, they have been forced to work in small spaces that prevents them from being able to lift and move items as they have been trained to, or not provided with the correct equipment to safely move items.

When it comes to lifting heavy items, there are basic health and safety guidelines that should be followed. It is suggested that no person should attempt to lift an item that exceeds 25kgs in weight without the assistance of a second staff member or hoist. Trolley’s should be provided to move items once lifted as this will reduce the stress placed on the employee’s lower back. If you work for an employer who expects you to lift items of 25kgs or more without assistance, you are likely to suffer an injury at work and if so, would have a very strong claim for compensation.

Criteria for a successful claim

As with all claims for personal injury compensation, those for injuries to the back as a result of an accident at work will only be successful if certain criteria are met. For more details on how to make a successful claim, read our guide to claiming workers’ compensation. The two most important factors are that any injury or accident should be properly reported and recorded with the employer and medical treatment must be sought and received. Most employers provide an accident book system and as an injured party, you MUST ensure that the details of your injury are recorded within the same.

If your employer refuses you access to the accident book, you should contact us for advice. There are still things you can do if no record of the accident has been made. You should also see your GP or attend an A&E department to ensure that the details of your injury are noted on your medical records as this will provide evidence to support your claim at a later stage.

68 questions have been answered below, why not ask your own?

    • Under UK Law, employers have a statutory duty to ensure that the risk of injury to all staff is minimised so far as practically possible. Therefore, if an employer requires employees to perform lifting duties, they are obliged to ensure that the staff are provided with manual handling training to reduce the risk of lifting related injuries, along with being given appropriate equipment and tools to lift heavy items.

      If your employer hasn’t provided you with training, you could seek to make a claim against them on the grounds of inadequate manual handling training, which is likely to succeed on the basis of employer negligence.

  1. I work privately for a lady in a two carer placement. Both carers have had manual handling training. After the client fell and had a hip replacement the Occupational Therapist came and carried out a risk assessment. Her finding were that the client was unable to weight bear and all transfers were to be done using an electric stand aid. As her bathroom is very small the equipment was not able to get in. The family suggested we manually lift the client to pull up her clothing and that as the client is able to help a bit by holding onto the radiator and arm rest of the commode, it won’t be that difficult. After doing it that way, I hurt my back, so I suggested we take the client into her bedroom and use the stand aid to do the necessary pulling up of clothes. The family said that wasn’t necessary and that as I had mentioned previously I did have recurring back problems they didn’t think it was the manual lifting that caused the injury. The other carer has sided with the family and insists we continue doing the manual lift in the bathroom. If I come down with another injury do I have a case? Also will the clients insurance company not accept liability because the finding on the risk assessment were not adhered to?
    Thank you

    • Given your explanation of your situation, we think that it is worthwhile speaking with you so that we can gather some additional information and then pass your enquiry to one of our specialist back injury at work Solicitors.

      Although you may have had a pre-existing back problem, it does not mean that you wouldn’t be able to claim for the damage done in your recent work if it is possible to attach liability to the employer as you can claim exacerbation of a pre-existing injury. In this instance, it would appear that the employer (the lady’s family) have been negligent in refusing to allow you to follow the guidance and working requirements set out by the Occupational Therapist.

      So that we can speak with you further, please use our ‘start a claim‘ function on our website and submit your details to us. One of our team will then call you and have a 5 minute chat in order to get the additional information needed before handing the matter to a specialist Solicitor to consider and discuss with you in detail.

  2. I injured my lower back at work 15 months ago. I have had to see my Doctor every month since then and have been off work for the last 8 months. I made a claim with a Solicitor, but recently they told me that the employers insurance have denied liability. I only had a 5 min chat regarding health and safety and they crossed my accident out in their accident book. Do you think I have still got a claim?

    • The fact that the defendant insurers have denied liability indicates that it is going to be a struggle to succeed with your claim for back injury compensation against the employer. Given that you have already instructed a Solicitor, you should discuss the denial of liability with them and make clear your comments regarding your view that the employer failed to provide adequate training to you.

      As your injury is to the back, we assume it was caused as a result of lifting at work. All employers have a duty of care to ensure that all staff are shown how to lift and move items safely and must ensure that manual handling training is provided to all staff to reduce the risk of injury as far as possible.

      If your employer failed to provide such training you should appeal to the defendant insurer regarding this issue.

  3. Several month into working a Lowes in the lumber department, I had two days of considerable heavy-lifting (80 lb bags of concrete, and several 6’x8′ fence panels. Afterwards my lower back was sore, but I didn’t think it was any big deal. The a day later (on one of my days off) my back went completely out on me. I was down for three days… could not even get out of bed. Going to the bathroom was a long and painful experience and I had to call in to cancel three shifts. Once my back improved enough so that I was ambulatory, I came back to work. I did not claim that as a “work-related” injury because it didn’t actually happen at work. I told them I could start working shifts again if they would provide a back-brace and heavy lifting was minimized. I honestly though it was a soft-tissue problem, and that with proper care it would heal. When I realized after a couple of weeks that my continued employment their was too much strain on my back and that it was never going to get much better until I let it rest for a while, I put in my 2 week notice and quit. I told them that the back issues were the reason. I never made a claim. However, 4 months later, my back still is not right. It has never been right since that day. I am unable to do about 1/3 of the activity in my sign business that I could before, and my regular (light) workouts at my health club cause my back to be sore. That never happened in the 25 year membership. Is it possible to go back to Loews and a let them know about this? Could I request that there medical people check me out to see if there is any real damage to the spine or discs, even though I did not make any claim when it happened?

    • Clearly, the lack of a record with the employer stating that the injury is as a result of an incident of heavy lifting at work does make your situation more difficult than it would otherwise be.

      It would be worthwhile speaking to your former employer about the situation and asking them for their input in to the situation. You could seek to make a claim against their insurance but it is likely that the claim would be defended due to a possible lack of evidence. With that in mind, it may be worth speaking to former colleagues to see if anyone would be willing to provide supporting witness evidence.

  4. I’m a hgv driver working for a removal company, about 11 months ago (April 2017 approx), I lifted something heavy and I twisted my back. From then I have good days and bad days with pain. This continued until December when the pain began to go down to my left leg (sciatica). I have attempted a few treatments without improvements and now because of the pain, I can’t drive and I have to take painkillers just to go to work. The employers have given me light work but the injury still hurts. I’m waiting now for an MRI scan. This injury and pain has stopped me from enjoying my life and playing with my kids as I did before, because every time I am active in anyway, I then have to lay in bed to recover and it seems to be getting worse everyday. I would like to know if I can do a claim. Thank you.

    • You would have a claim for compensation if your employer has either failed to provide you with Manual Handling Training and create a working enviornment that allows you to work in accordance with safe lifting guidelines and the use of equipment such as trolleys to lift and move heavy items. If your employer hasn’t ticked all of these boxes, you may well have a claim for compensation as employers must provide manual handling training and do all they can to minimise the risks of injury in the workplace.

      Even if your employer has provided such training, you could still claim successfully if the nature of the work means that you can’t work or lift safely. I would strongly suggest that we speak with you to find out more and help you understand your rights. Perhaps you could call us on 01225430285 or use our ‘start a claim‘ page so that we can call you?

  5. Having worked in Children with disabilities,care homes for nearly 30 years, there have been many changes to moving and handling, not all of them good ones. I have attended several Moving and Handling Courses over the years, but have found that much of the practices were impossible to put into practice, due to the nature of the child’s physical disability, the inadequate equipment provided and the limited space we had to work in. The worst thing was the manual hydrolic hoist, that we HAD TO USE, or face disciplinary action. The effort and physical strain to use this piece of equipment caused more strain and difficulties than an effective 2 person lift, or even a 1 person lift with a small child. Things improved over the years, but still problems persist, when staff are told they must undertake tasks they clearly shouldn’t be undertaking, and even risk assessed not to. Due to unreasonable expectations from line managers over the years, I have now experienced various serious back problems. Sacroilitis (2015) Slipped Disk (2017) and now another as yet undiagnosed issue, which began after I was allocated a large area to clean and personal care of a child which involved bending, stooping and stretching, whilst being mindful of not getting too close to the child which could result in him becoming distressed and then aggressive. The next night I refused to undertake the cleaning duties allocated, as my back muscle where beginning to spasm, but by the next afternoon, I was in considerable back pain. Please be aware, that my employer is providing 4 physiotherapy session for me, as three weeks ago, I began to experience back muscle spasm whilst stretching or bending or carrying at work. It appears that my different managers in my present employment have different levels awareness staff and their potential health issues,. I don’t feel that my present employment has caused the issues, though they have certainly aggravate it.
    Initially I worked for one County Council and now I work for a neighbouring Council, though I have continuous service between the two. Firstly, do I have a claim? and secondly, is it feasable to make a claim that may involve two liabilities? I left permanent employment with the first council in 2009, though I have held since and presently hold a Casual Contract with this County Council. I have worked for the 2nd Council since 2012.

    • The provision of manual handling training is a statutory duty for employers and in doing so, the employer should be ensuring that the risks of injury to those performing manual lifting and moving, such as is the work needed in caring for disabled children, is minimised. However, simply providing training does not in and of itself absolve an employer of any responsibilities should an injury then happen to one of their staff. Indeed, alongside training, it is vital that an employer ensures that the working environment allows one to work in accordance with the training and they must also ensure that there is sufficient working area and equipment to enable safe lifting.

      In the scenario you describe, there could be some issues that would open you to the possibility of making a claim against your former employers. However, before we can state firmly as to whether or not you can proceed with a claim, we will need to get some further details from you and arrange for you to speak with one of our expert specialist back injury at work Solicitors. They will be able to provide you with a properly qualified legal view as to your prospects of succeeding should you pursue this further.

      To this end, please go to the ‘start a claim‘ page of our website and make an enquiry, referring to your initial comment here. One of our team will then call you to take some further information and pass the details to the right specialist Solicitor who could then contact you for a more in-depth and detailed discussion.

  6. Hi Ian,

    I am a live-in carer and two years ago I herniated a disc in my lower back whilst reaching down for a plug on floor level. I took a month off work and received statutory sick pay for it. A few weeks ago I was helping my patient and once again hurt my back in the same place. I have been booked off again on sick leave.

    The job is physically strenuous with a lot of bending and reaching, however the company I work for does put all the carers they employ through manual handling training.

    I am worried about returning to work as my back is continuing to be problematic and painful so as a result I am not sure if I am capable of continuing with this job. Please could you advise if I should try to make a claim here.

    • We would be happy to link you to one of our specialist Solicitors so that they could discuss your situation with you. It does appear on first view that your employer has fulfilled their statutory duties by providing manual handling training, but it could be that the nature of the work you are required to do and the working space provided makes it impossible or difficult for you to work in accordance with the training you were given. In such cases, a successful claim may follow. This is however, unusual and it may not be the case here.

      That said, given the nature of your injuries and possible long term problems associated with them such as an inability to work for a period, we think it is worthwhile speaking with one of our Solicitors. Use the ‘contact us‘ function of our website to send us your contact details. We’ll then call you and take some initial information and put you in touch with a specialist Solicitor.

  7. Hi, I’ve worked for a photography company for 13 years now, different destinations everyday so I have a portable studio, lights, backdrops, printer, boxes of paper amongst other things. I class the equipment as heavy and every time we seem to renew an item it doesn’t benefit us at all always seems things are getting heavier. When I started if I’m remembering correctly I was given a couple of sheets of paper in my company manual on how to correctly lift and about 3 years ago 10 years on from my start date we had a very speedy 30 min conversation with a health and safety person at our main head office regarding lifting and cables etc.
    Now I have just been through surgery to get a disc in my neck replaced due to prolapsed disc. I do believe this is work related and would like to know if my employer is responsible due to lack of manual handling training. I have suffered with the neck problems for a couple of years now but always put it down the strain of carrying the equipment and packing hundreds of envelopes a day. Then eventually it became more apparent it was disc damage resulting in nerve damage which after surgery has not returned yet, but early days.
    Look forward to some knowledgeable advice.

    • Employers have a statutory duty to ensure that all staff are given adequate training, support and advice that will enable them to work safely and with the risk of injury minimised so far as practically possible. Clearly, in your job you do lift and move items regularly and given what you have said about the very infrequent and arguably insufficient training you have had with regards to moving and lifting the equipment you need for your work, we think that your enquiry is something that should be escalated and placed before our expert workplace injury Solicitors for consideration.

      We will need to have a brief initial chat with you on the telephone to obtain some basic outline information in order that we can then identify the right specialist Solicitor for you to speak with. To this end, please click on to our ‘start a claim‘ page and provide your contact details and refer us to this comment that you have made on our site. One of our expert team will then contact you for an initial chat and help you begin the process of claiming compensation for your workplace injury.

  8. I had a very repetitive cook job that required me too constantly bend too the ground in a bottom drawer too bread chicken for a fast paced resturaunt. The kitchen is small so this is how its set up the food storage is in a metal almost refrigerated dresser. Well the job itself was very bad on my back. Well one day my GM asked me if i can help her so i say sure. She takes me downstairs too the cooler that stores all the beer kegs for the restaurant and has me start lifting one off another and switching and then restacking the other keg on top of one another, basically rearrange the whole room of kegs stacking them on top of each other. The whole time i keep askin how much do these weight they are very heavy? She says im not sure and keeps having me lift and stack these full kegs prob 20 or so, a room full. Well after i barely finish she comes and finds me and says hey i looked they are 163-170 lbs. Well since then my back started too hurt more and more. Three to four months later i was doin my repetitive bending twisting beating the ground like a gorilla too bread chicken when i lean forward i hear a pop and almost hit the ground cant move my back and lower extremities almost incapacitated. I couldn’t walk for a few minutes. The next week i hear another pop reaching for a plate behind my station. Well at this point i cant sit down or stand up or barley walk at all so i cant work anymore at my super repetitive back bending job any more. I go too get an mri and find out i have a herniated l5-s1 compressing my nerve root sleeve. Well I’ve broke many bones and strained muscles before iv never had a pain this bad in my life. I am now getting workers compensation but my question is does this qualify as third party or personal injury do too negligence since i should have never had too lift that much with out help or equipment. Now months later still in insane pain.

  9. I work for an agency as a Ltd company hgv driver. On a recent job I hurt my lower back and have lost 5 work days so far due to the muscular injury. I was using a pump truck in the rear of a trailer and hurt my back whilst unloading some large pallets of frozen produce weight approx 1 tonne in weight each.
    I never received any training but did have to sign a load of paperwork on day 1. I’m not quite sure what I signed. Unloading the truck in this way was something that happened pretty regular.
    I went to my doctors and was told I had pulled the main muscles at the lower back area. I’ve also since had to go back for a prescription for pain killers.
    I am still off work due to my back issue although it is getting easier day by day.
    I’m looking to see if the agency or the client I worked at are liable for my lost revenue and back issues.

    • It looks as though your employer has been negligent towards your health and safety and failed to carry out their statutory requirement to provide adequate manual handling training to you. As such, it would seem that you have a valid claim for accident at work compensation.

      Please send us your contact number – either by email or complete a simple form on our website and we’ll spend a few minutes with you on the phone to take the basic information needed for our specialist back injury at work Solicitors to proceed with a No Win No Fee compensation claim for you.

  10. Hi I injured my back lifting at work I was signed off by the doctor for 3 weeks. I returned to work and couple weeks later the injury had returned. My employer had shown me a manual handling video the day after I injured myself. I have had to leave the job as I am unable to work due to my lower back injury

    • The failure of your former employer to provide you with adequate manual handling training before you sustained an injury is an act of employer negligence and would give you good prospects of succeeding with a claim for back injury at work compensation against the employer.

      The fact that they showed you a manual handling training video the day after you sustained a back injury does not alter this fact as employers must provide manual handling training to employees tasked with lifting and moving items before they are placed at risk and in this case, your employer has failed to do that. As such, we believe that you have a viable and strong claim against that employer. As such, we invite you to contact us for further assistance as we would like to pursue your back injury at work compensation claim. You can call us on 01225430285 or start your claim on our website.

  11. Hi
    I’m having a question.
    I’ve injured my shoulder when lifting from above my head.
    It is a work related injury, Musculoskeletal disorder,upper limb.
    Do You think I can claim compensation?

    • You may well be able to make a claim for workplace injury compensation here.

      If your employer is asking you to lift and move items they must ensure that you are given the appropriate manual handling training and guidance to ensure that you can work safely. The employer must also make sure that you are not being asked to lift items that are overweight or dangerous without providing you with the appropriate tools and equipment to work safely. If an employer fails to provide the required training or equipment, they will be guilty of employer negligence and are likely to have to pay compensation should any staff member sustain injury.

      In your case, we would like to speak with you so that we can find out more about your job, what training (if any) your employer has provided and what items you were lifting. Please call us on 01225430285 so that our expert staff can spend a few minutes on the phone with you to help you get your claim up and running.

  12. I was injured at work back in January whilst lifting 2500mm of stainless steel. It should have been a 2 man job, but my employer never have the manpower or anyone available to help me, so I did it on my own (like I have had to do hundreds of times before). However, this time as I turned the steel, it gripped the bed and I felt the pain shoot up my back and in to my legs. I’m at hospital every other week having physiotherapy on my back. I lost the job as I was signed off sick for over 26 weeks and I am now trying to survive on E.S.A. I was wondering what can I do if I have a case ?

    • You describe what would seem to be a clear case of employer negligence here, with specific regard to the employers attitude towards manual handling and the lifting and moving of extremely heavy items.

      Given what you have described, my view is that you have a valid claim for accident at work compensation and that you should pursue this immediately. I would be very happy to assist you in getting this up and running and would only need a few minutes on the phone with you to obtain the initial information needed to enable me to get the right specialist back injury at work compensation Solicitor to pursue your claim for you.

      The fact that you have been off work for over 26 weeks indicates that you have clearly suffered a nasty back injury. If successful with a claim for compensation, you would not only be able to claim compensation for the injury sustained but also for the loss of income that this injury has caused.

      Please send your contact number to me at [email protected] or call us on 01225430285 so that I can help you get this claim up and running.

  13. I fell down some metal fire exits stairs and hurt my back , as cleaners we have to carry heavy bedding loads up 3 flights of metal stairs which we end up doing about 3 cages of bedding to be carried up 3 flights of metal stairs , I fell down the stairs and hurt my back , who is at fault ?

    • We have a very similar accident at work claim under process at this moment in time, with the case resting on whether the requirement to carry heavy bags of linen up the stairs prevents workers from working safely.

      If you are being expected to carry items up 3 flights of stairs, it is important that you can see clearly when you are carrying the items. Further, steps are a known and foreseeable hazard so there is a case for holding the employer liable in this incident. Of course, they may have a sound defence in that there may not be an alternative route available or method (lift) to get the linen to the upper floors. However, they may well not have adequately risk assessed the stairs or made you adequately aware of the risks.

      We would be keen to look further in to this case for you with a view to helping you claim accident at work compensation. Please email your contact details to me and I will call you to discuss further.

  14. Hello
    I am a live in carer to a severely overweight disabled elderly man and his wife. I have been at this job for almost 2 years. I have mainly been the sole employee and have been required to lift these people off of the floor, out of bed, into chairs etc without the correct equipment. I have never had any manual handling training and have recently felt immense pain in my back and legs. I have been denied help when I have asked for it, in terms of another carer and have simply had to get on with it. The fact that my home is tied accommodation makes things more difficult. I do not feel as though I can go on with this job and feel the damage and pain to my back is a direct result of the poor practise I have been expected to do. Do I have a claim?
    Thank you

    • Samuel

      Thank you for using the ‘ask a question’ facility that we have on our website. We have found that it has been really helpful to people considering their options with regards to a personal injury claim as many people find themselves in situations like yours – where they don’t know if they have a viable claim for compensation.

      In your circumstances, on the basis of your description of the situation, I would say that your employer has been negligent towards your health and safety whilst at work. It would seem that you have placed your employer on notice of issues such as a lack of training, support or equipment.

      We often find that people working in the care sector suffer injuries to their backs as a result of the heavy manual work that they are required to do to fulfill their duties. I would argue that in your role, you should have lifting hoists in place and that the employers failure to provide the same could leave them liable for your injuries. With regards to the additional staffing request that was ignored or refused, whether or not the employer has made an error here would come down to the risk assessments that have been carried out ahead of your being appointed to the role.

      I do appreciate your concerns about how any claim may effect your tied accommodation. In theory you have a legal right to make a claim for compensation without it having any impact on your job.

      If you would like to discuss things further with me it may help. Please email your phone number to me at: [email protected]

      Yours sincerely

      Ian

  15. Im 31 years old, i work for a major distribution company as a warehouse operative, i have been off work for 2 weeks now with severe back pain and sciatic nerve pain, had multiple cases of incontinence, been to a&e twice, second time with suspected cauda equina and had to see an orthopedic surgeon, rushed an MRI on friday and found out today i have a ruptured disc, and possibly more damage due to abnormalities in the bottom of my spine showing up on the MRI scan. Im waiting to be booked into the spinal clinic for further investigation and tests to see if the damage requires surgery, and im also waiting on physio referral.

    My job involves lifting blue chep pallets from various heights and placing them at various heights depending on the job im doing. Most of the time we are required to life these on our own, the average weight of a blue chep pallet is 28kg, our pallets are stored outside in an open yard soaking up all the rain that hits them. Sometimes these pallets are double the weight easily when wet, and if nobody is around to help us we simply have to lift them as its a job requirement. We dont have any sort of hoist system installed or any sort of lifting aid other than forklift trucks and bendi trucks, and you are required to have a license to operate and my employer still in nearly 4 years of working there has still failed to train myself and lots of others members of staff on, requiring us to life these some time nearly 60kg pallets on our own.

    The manual handling techniques have all just been re designed as well basically debunking the old manual handling techniques they have been telling us to use and stick by in the workplace, now saying that they werent any good for our backs and the new system is what we should now adopt in the workplace. Also, our manual handling only focuses on how to pick up small boxes from between our legs, not how to lift up pallets that weigh double because the employer cant provide sufficient shelter for them from the elements.

    Can i claim for my back taking these factors into consideration?

    • Stephen

      The damage to your back is clearly serious and I hope that your treatment and recovery goes well.

      Given the injuries/damage you describe, it would certainly match with a repetitive strain injury and the continual lifting you cite would appear to the the cause.

      I think we should pursue a claim for compensation here. Of course, there can be no guarantee of success, but we can guarantee that it would not cost you any fees should the claim fail. I believe you do have a viable claim and as such, I invite you to send me your contact details via email to [email protected] so that I can call you and take some further details from you and get things moving.

  16. I am now retired but worked in a bar for 5-6 years before retirement I had to lift heavy cases of bottled beer etc and carry black bags full of empty bottles to large recycle bins – I never had any lifting training at all. I was off work once with back pain and nowI have back problems which I do not know if they are work related. Can I claim my former employer for lack of training.

    • Theresa

      The most important issue that springs to mind here is whether or not you are within the strict 3-year claim period. If your employer failed to provide training regarding lifting then they would be liable for any injury you sustained as a result of the work you were doing. However, the 3 year claim limitation period will have started when you first attended the Doctors for treatment.

      Perhaps you would like to discuss this with me in greater detail? Please forward your contact number to me ([email protected]) and I will call you. A quick discussion on the phone will enable me to ascertain whether or not you are within limitation and if any claim can proceed.

      Yours sincerely

      Ian

  17. Hi
    I’m 41 years old and I’ve been with my employer for 5 years now and haven’t received any form of manual handling training or health and safety training. My job was involving inicialy driving a forklift and after I’ve been moved to a different department where I had to lift alone heavy boxes of at least 10 kg on a daily basis.
    I’ve been suffering with back pain now for a long time,but the problem now is that I can’t work anymore because my leg has been affected. I’ve been to all sort of specialist and gp’s and none of them could proscribed me the right treatment or to give me a diagnostic .So now the situation is so bad that I can’t even work anymore I’ve been at home sick for at least 1 month.
    I’m just looking for advise on if I can claim against them and also the NHS?

    • Liviu

      Thank you for informing us of your situation. I see that you have also submitted a website call back request, so we will try to call you regarding this.

      From what you say, I believe that you have a very viable claim to be made against your employer for the injuries you are suffering with. Your employer has failed to protect your health and safety by failing to give you any guidance or training with regards to safe lifting and moving of items at work.

      As stated, we will try to call you to offer assistance with your claim.

      Yours sincerely

      Ian Morris

  18. Hi
    Im 26 years old and I’ve been with my employer for 9 years now and haven’t received any form of manual handling training or health and safety training. My job involves lifting 10 to 25kg bags of animal feed on a daily basis.
    I’ve been suffering with mid back/shoulder pain now for the past two years. It sometimes wakes me up and night and go’s when I start moving around. Ive been to a chiropractor to see if they could help me out but I couldn’t afford to keep up the appointments fees so had to stop before I could fix myself.
    Also im a rather fit person as I like to keep myself fit by playing sports and going to the gym.
    I’m just looking for advise on if I can claim against them and also I don’t want to get anyone fired

    • Thomas

      Thank you for visiting our website to seek help. The situation you describe is sadly a common one in that many employers fail to ensure that workers know how to lift and move heavy items safely. As a result, many employees suffer from back pain that would have often been avoidable if only manual handling training had been provided.

      Firstly, you do not need to worry about getting anyone fired or in trouble if you were to opt to pursue a claim. Any claim you opted to make would be made against your employers ’employer liability insurance’ policy and it would not directly affect the employer in anyway. Many people worry about claiming compensation when it involves injuries caused in an accident at work or as a result of employer negligence. It is understandable that you would not want to upset an employer or cause any trouble by claiming compensation. You can read more about how claiming compensation does not damage your employer here: https://direct2compensation.co.uk/help-articles/does-making-a-claim-for-compensation-after-an-accident-at-work-damage-my-employer

      The lack of manual handling training in your workplace indicates to me that you have a valid and viable claim for compensation against your employer. The injuries you are suffering from are likely to be as a result of not lifting properly or knowing how to identify weights that are unsafe to lift and are worthy of claiming compensation for.

      You mentioned that you had seen a chiropractor to help with your symptoms, but had been unable to continue to see them due to the cost of the treatment. With this in mind, pursuing a claim for compensation would enable you to (if successful) reclaim the costs you have already incurred for these sessions but also provide the possibility of obtaining further rehabilitation therapies at the cost of the insurers on top of any compensation settlement awarded to you.

      I would definitely recommend that you pursue a claim for compensation and I confirm that this is something we would like to assist you with. To this end, please email me your phone number and we can then make contact with you to help you further.

      Yours sincerely

      Ian Morris

  19. hello,

    I work as a cna and i injured my back at work. I had been complaining of back pain for a while at work but was never told the proper course of action to take. it was only when I chose to go to the doctor that the intake nurse had me fill out a workers comp form. I’ve been out of work for about 8 days now with a lower back sprain. the doctor i’m seeing seems to be taking things on a week by week basis as far as when i can return to work. I still feel a great deal of discomfort. I’ve never filed for workers comp and i’m afraid my job knows that and may be taking advantage of my lack of knowledge. Like I mentioned before it’s only been 8 days but that’s also 8 days that I have not been getting paid. at this time I don’t have any other source of income. the doctor has me on light duty but because i work in an elderly home where i have to lift people my job seems to not be able to accommodate me. what should i do?

    • Kristy

      Your situation is a common one – care workers often suffer injuries as a result of the manual work they have to undertake in order to complete their work properly.

      Of course, the most important thing is to get back to full health as quickly as possible – whilst you need to earn money to pay your bills, if you returned to work too quickly you may end up being force to be away from work for longer.

      I don’t know much about ‘workers comp’ matters relating to the United States and the system you have over there. In the UK, you would be able to pursue a claim against your employers liability insurance in the hope that it would compensate you for the pain and distress of your injury and any associated losses.

      I would strongly suggest that you seek the advice of a specialist injury lawyer based in your area.

      Ian

    • Bethan

      My initial thoughts here are that you are likely to be outside of the claim limitation period. In the UK, the law allows someone injured a maximum period of 3-years from the date of their accident/injury in which they can make a claim for compensation. This applies to all adults over the age of 18 at the time of the accident. If you are under the age of 18 years at the date of an accident – the limitation period does not expire until the injured persons 21st birthday.

      The only other thing to say is that in the case of an industrial illness/injury claim (or in the case of clinical negligence) the 3-year claim limitation period commences at the date when the injured person becomes aware that their injury/illness was work related. This applies to conditions that are not always immediate in their presenting symptoms. This could apply to you, but I have to be honest and say that it would be difficult to apply that in your case.

      You can read more about personal injury compensation claim limitation periods here: https://direct2compensation.co.uk/faq/how-long-do-i-have-to-make-a-compensation-claim

      If you would like to discuss this with me, please call 01225430285.

  20. I had an accident at work where a member of my team tipped over a cage off a ramp which struck me on my back. There area wasn’t well lit and the ramp was slippery with no safety edges to stop the cage going off the sides. I’ve been off for 5weeks in pain. I had a MRI scan which revealed a slight chip in my neck bone and lost fluid from my lower spine but both things are not believed to be in connection with the accident, but I’m still in pain. Do I have a case? And if so could I get an approximate reward figure please.

    • Laurence

      We have had success with identical claims in the past and this would give me every confidence that our specialist solicitor partners would be able to succeed with a claim for you too.

      The lack of safety guards on the ramp in question combined with the poor lighting is something that the employers insurers will have difficulty in denying responsibility for.

      Please call us on 01225430285 or email us: [email protected] so that we can take this further for you.

      We look forward to hearing from you.

      Regards

      Ian

      • I have accident at work – on the 1st of April 2017 -my office have a massive black iron -gate/ as I am trying to open the gate, the wind blows and accidentally closed on me -to prevent me from falling and hit my face – I stop it with my right hand / on the process of my right thumb being caught in the middle of the two iron gate/ that smash the ligament of the thumb and serous injury and I have to go to A&E, they have x/ray and send me to a day surgery to have stitches and take off the nails. But this happened I have complained that I have difficulty in opening this gate/as a result one morning I was late opening my store. I also reported this to our auditors- when he had audit our store/ now this accident happened/ when I asked if this incident are all captured by camera – no one get back to me – from the HR. Now I am back to work after being sign off for two weeks. As I am filling all our papers work – I notices maintenance report about the faulty camera- my questions why was the faulty camera being detected soon. Another question – I feel the company failed me in their health and safety for not making sure – if accident occur that cctv is my only probe that this really happened on that day – I couldn’t not filled up the accident form as I could not able to hold the pen – and only reported the incident the following morning/ aftermath of the accident when I feel really the pain hit me – please advice can a claim company liability insurance? Do o have a case .
        I live in UK

        Kind regards
        Zorina

        • Zorina

          Hi, what a painful injury, I do hope that you are recovering well.

          We would be happy to put your claim in the hands of our specialist Solicitors and let them proceed with this for you. Please email your number to me so that we can call you to take some further information and get your claim started.

          Yours sincerely

          Ian

  21. I have just spoke to my employee he says he knows nothing about the injury cos it’s not in the accident book but like I said I told my team leader I had hurt my back so I took half day holiday cos I thought it was minor but it’s just got worse everyday since and pain relief doesn’t work so I’m stuck in bed in agony with no job now I’m gutted

    • Shaun

      Thanks for coming back to us. If your employer is refusing to acknowledge your accident and is denying that you have reported the matter (that it isn’t in the accident book) I would suggest that you either write to the employer or email them to report your injuries and how they happened at work. You should outline what happened to your back, what you were doing and the pain. You can then advise them that you left for the day and subsequently had to see your GP. You should simply state that you want the details of your injury recorded and you DON’T need to mention anything about making a claim.

      If you would like us to help you pursue a claim for the back injury as a workplace injury claim against the employer, we’d be happy to do this for you. If so, please send me your phone number – or call us on 01225430285

      Yours sincerely

      Ian

  22. Hi I have been of work for 2 weeks with a strained muscles in my back which I did in work but on the day I took half day holiday to go home and rest it but since then it’s got worse I have took a sick note in off the doctor but today I got a letter saying they are terminating my contract I have been there just under a year can they do that?

    • Shaun

      If you have worked for an employer for less than 2 years, your employment can be terminated by the employer fairly easily – all they need to do is give you notice and pay you for the work you have done (and holiday entitlement) up to the date of termination. The laws regarding employee rights were changed by the Government fairly recently and it has to be said that the changes made the system far less fair for workers like yourself.

      I am interested in your back injury though. If the back pain/injury was caused by your work, you may have grounds to pursue a claim for workplace injury compensation against the employer. I would be very keen to speak to you about this to see if there is someway that we can help you at least claim compensation for the injuries and any lost income/costs you have incurred.

      Please either call us on 01225430285 or fill in this form: https://direct2compensation.co.uk/make-a-claim-for-compensation so that we can call you and discuss your situation. We’ll then be able to advise you as to whether or not you can pursue a claim for compensation and help you better understand your rights.

      I look forward to hearing from you.

      Regards

      Ian

  23. Good evening. I have a question, hope someone can help me. I was working for a Company as Warehouse Operative/ Customer Services/ Delivery Driver with full time contract. I said “was working” because on 17-08-2016 i had an back injury at our warehouse, we was making Warehouse cleaning when i lift up and i hit with my back a metal who caused me a very pain full back pain and after one day all my back was black. I was to GP who gave me some creme for muscles and pains. I ask him about the time i will stay home if will affect my job and he give me the Statutory Sick Pay which was covering me for my first 7 days and i was advised by the doctor to go back to work only if i fill i am fit to work. I used all the cremes prescribed by my Doctor and on 26-08-2016 i was back to work. I didn`t feel any pain until i start lifting again so my work day ends only after two hours. Even if i was to work that day and based on the contract if i am working one minute i have to put it in our time sheet that didn`t happened. The manager didn`t accept my certificate and told me that i have to provide a SSP from my GP..another one. I was at my GP again but he told me that he can give me only from that day forward and nothing for the days passed. My pain its persisted each day more and my pains as well. After almost two months i didn`t receive any payments from my Company for the days that i was injured staying at home, not even for the days that i have certificates, one for the first 7 days which i filled by myself which is perfectly legal and the second one from my GP. The problem is nobody fill up the injury log book that day even if the injury i had was in front of my manager as we worked together that moment and he assist at all the scene. I am able to work but i can`t lift anymore heavy things as i have terrible pains lifting. I don`t need money from the Company, i don`t want someone may belive i am looking to do easy money, is not like this, the only thing i want is the Company pays me the days on my certificates. I will appreciate if someone can give me an advice on what i have to do.

    • Dumitru

      The situation you describe after being injured in an accident at work is one that many of our claimants also discuss. Sadly, for many people pursuing a claim for compensation after an accident at work, the motivation to claim is not necessarily for the money they will get for the injury that they have, but because they are left out of pocket through lost wages and need to make a claim for compensation in order to recover their lost wages in the special damages element of their claim settlement value.

      It is clear that you are reluctant to pursue a claim for compensation against your employer and like many people who have been injured through no fault of their own, you feel that making a claim will be seen by some as a cheap attempt to make some money. It is sad that so many people are made to feel uncomfortable about pursuing a claim for compensation and in your situation, you really should not be put off from claiming compensation to cover your lost income and for the injuries that you have sustained.

      To answer your query in a head on fashion, the only real way that you will be able to get your employer to pay your wages will be by pursuing a claim against them for your injuries and the lost income. This is something that we would be very happy to help you with. Any claim for an accident at work compensation settlement would be made against your employers liability insurance policy. This does not affect the employer directly as they have already paid their insurance premium to cover this exact scenario. A claim would be made on the grounds of employer negligence towards your health and safety and the argument would be that the metal that hit your back was dangerous and should not have been in the position it was. If we can succeed with the claim for compensation, we can then recover all of your lost wages and also claim ANY costs that you have incurred because of your injury.

      Please complete a claim enquiry form at: https://direct2compensation.co.uk/make-a-claim-for-compensation so that we can get your contact details. We’ll then call you to discuss the claims process and help you better understand your rights.

      We look forward to hearing from you.

      Yours sincerely

      Ian Morris

  24. Last March, while pushing a faulty trolley, full of ice, I felt a back strain which was later diagnosed as a bulging disc.
    After a couple of months working with this back pain, in a stressful work environment, I was advised by the doctor to take a rest.
    While off sick, I asked the person in charge for health and safety in the store, to record the injury in the accident book, and she told me that it would not be possible as I did not fall on the floor, or nothing, no equipment fell on me, and things like this.
    At the time I underestimated the issue, and last July I left the job on medical ground.
    I have spent a lot of money to recover from this injury which was caused by a faulty equipment, and I have a witness who can confirm that the trolley was faulty.
    Now my question is simple: Can I still ask for compensation, without my injury recorded in the company accident book?
    Thanks a lot and regards
    Lorenzo

    • Lorenzo

      Hi, you can certainly still try to make a claim for workplace injury compensation. Whilst it would be good if there were an accident book entry, the fact that you have a witness is a great help.

      We would be happy to help you with this claim – simply get in touch with us by calling 01225430285 or email: [email protected] so that we can get in contact and discuss this with you.

      Yours sincerely

      Ian Morris

  25. Hi I have just started work after maternity leave I’ve been there 3 weeks I’ve had back problems since I was pregnant and I never received a risk assessment when I was pregnant in the workplace. I lift a child at work with a colleague we have had manual handling training but did not receive any training on a 2 man lift which is how I have hurt my back when I was holding the child upright he jumped pulling me down I recored the accident at work and have been to the doctors also and received medication can I make a claim?

    • Debbie

      Thank you for letting us know about your situation. On the basis of what you have disclosed so far, it would certainly be fair to say that your employers do have a case to answer with regards to an allegation of employer negligence towards your health and safety at work.

      It is good that they have given you manual handling training, but failing to ensure that you have been trained and supported to safely use an important and commonly used item needed for your work (the 2 man lift) has exposed you to the risk of injury.

      Given that you have recorded the details of this matter within the accident book at work and your employers are aware of the situation, we would certainly be keen to address this matter with them and represent you with a claim for compensation. Please contact us on 01225430285 or go to the ‘start your claim’ page of our site at: https://direct2compensation.co.uk/make-a-claim-for-compensation so that we can get in touch with you and discuss your situation in greater depth and help you to better understand your rights and how the No Win No Fee claims process works. We have excellent specialist personal injury solicitors available to help you pursue this matter.

      We very much look forward to helping you and I look forward to hearing from you.

      Yours sincerely

      Ian Morris

  26. I hurt my back at work lifting a box from the truck to a pallet. I had a numbing sensation down both legs. I went to the ER was told to take 2 or 3 days of . However its 3 weeks later and I just had the same thing happen at home lifting a basket of laundry. Now I am in the same pain as before. Does it still qualify as work comp since its related to the first injury?

    • Nikki

      As you had your initial injury symptoms assessed and treated in the ER, the injury will be recorded on your hospital records. Therefore, your ‘2nd’ injury will be attributable to the 1st injury – an exacerbation of the problem caused by your accident at work.

      I would advise that you pursue a claim for compensation for this injury.

      Yours sincerely

      Ian Morris

  27. I was employed thru a distillery direct in 2002 where u done manual handling ive now been back with them a year and a half thru agency but no manual handling its now 2016 can I claim as ive hurt my back please email me

    • John

      Thank you for your comment. If you have re-joined a company, they need to treat you as a new starter and provide you with the same health & safety advice and support that any new starter would expect. In any company, it is important that employees are provided with re-training periodically to refresh their approach to work and remind them how to work safely.

      With this in mind, we would be happy to try and assist you further with this. Please re-visit our website and go to the start your claim page at: https://direct2compensation.co.uk/make-a-claim-for-compensation and submit a claim enquiry form. We’ll then contact you to discuss this in greater detail. I have also emailed you a copy of this response as per your request.

      Kind regards

      Ian

  28. I work at tesco my back went an i had to go doctors ive been off sick by a doctors note an now there trying to sack me but i use to take the deliverys and i neva did get shown how to move the cages properly or use the machines and now im not working there beiing funny with me but everytime ive asked to hav the training they kept saying we will soon were busy at the min do yu think i have a claim i dnt understand it much

    • Thomas

      Thank you for sharing your situation. Back injuries can be really problematic and painful, so it is no surprise that you are currently unable to work in what is such a physical job.

      Regarding a potential claim, I would say that if what you say is correct, you have every right to make a compensation claim against your employer as it sounds like they have been negligent towards your health and safety. Whilst we can never guarantee that your injury compensation claim will succeed, I feel that you do have a strong case and we would be more than happy to help you claim compensation for the pain and discomfort of your injury along with any other losses.

      From the information you have provided, our specialist accident at work injury compensation Solicitors would argue that your employer is responsible for your injuries. This would be on the basis of their negligence towards your health & safety by failing to provide you with the relevant training and guidance to enable you to carry out your working tasks safely or use the machinery that they have in place to help avoid injuries such as yours.

      You should definitely make sure that your employer has recorded your assertion that your injuries were caused by work, due to heavy lifting and a lack of training. If this has not already been placed within an employers accident book/incident reporting system, you should email your employer or write to them (retaining a copy for your records) outlining what has happened to you and how. You should also make sure that it is noted that you had requested training and been told that it would be provided as soon as there was an opportunity but that they were always too busy to provide it.

      To help you, we’ll need your contact details so that we can speak with you and obtain some further information and give you some useful advice. You can either send me your details by replying to the email I have sent to you, or you can visit the start your claim page of our website at: https://direct2compensation.co.uk/make-a-claim-for-compensation and submit a contact form. Once we have your contact info, we’ll call you and help you get your claim for back injury compensation started.

      We look forward to hearing from you.

      Regards

      Ian

  29. I am a care worker I had to lift my client from chair into his bed between 6 to 8 times a day The client is 6 foot five and 14 stone and I am really struggling with my back can I claim compensation

    • Christopher

      Thank you for contacting us. I am sorry to hear that you are in pain and struggling at work.

      The situation you refer to is one that we often hear about. With the number of people requiring ‘in home’ care support rising, the number of care workers that sustain injuries as a result of their work is also on the rise. Care workers commonly suffer from muscular strains and soft tissue injuries as a result of heavy lifting. Care companies that employ care workers are responsible for the health and safety of their workers and as result, must provide adequate training to all staff, risk assess all tasks that they expect carers to perform and provide all relevant equipment and tools that will enable a worker to minimise the risk of injury.

      In terms of making a claim for compensation as a result of the injury/pain you have sustained whilst providing care worker duties, this is certainly something Direct2Compensation would be willing to help you with. Whether or not you will succeed will come down to the nature of the work you are doing, what risk assessments (if any) your employer has undertaken and whether you have been provided with the necessary training, support and equipment to carry out your work without risk of injury.

      If you have not already done so, you should report your injuries/pain symptoms to your employer and you should ask that they record this officially. You should also see your GP to ensure that the details of your injuries are recorded on your medical records.

      Please visit the ‘start your claim page’ of our website at: https://direct2compensation.co.uk/make-a-claim-for-compensation and provide us with some contact details. That way, one of our team can call you, take a little more information and then link you with the a specialist solicitor. Remember, we run ALL claims on a No Win No Fee basis, so if we are unable to obtain compensation for you, you will not have to pay any fees or costs to any party.

      I hope that this information has been helpful to you and I look forward to hearing from you.

      Yours sincerely

      Ian Morris

  30. I sustained a back injury at work and informed my boss, who was not on-site at the time. We do not have an accident book to record it in. I told her and she is insisting on me coming in tomorrow when I can barely walk. I am going to seek medical attention ASAP. Also, I don’t have a formal written contract. Can I still make a claim?

    • Lucy

      You can most definitely still make a claim for injury compensation and given that it seems that your employer isn’t really too caring about your situation and your health, I would expect that you have every intention of doing just that.

      We would be more than happy to help you get this claim up and running and therefore I invite you to visit our make a claim page at: https://direct2compensation.co.uk/make-a-claim-for-compensation and submit some further details to us so that one of our team can contact you in confidence and help you get things started.

      I will email you directly also and look forward to hearing from you and helping with your claim.

      Best wishes

      Ian

  31. I work in the charity retail sector and am currently signed off work by my doctor with an injured back. It seems the injury is due to overwork in my main role of delivering and collecting furniture and unless I take things easier I risk ongoing problems. I have no previous history of back problems so the injury cannot be due to anything else. Any thoughts ?

    • Nick

      Thank you for your comment, working for a charity, weather on a voluntary or full time basis is legally equivalent to working for any other employer or in any other sector. All employers have the same responsibilities to safeguard your health and safety. With this in mind, the charity that you work for should have provided you with adequate training to ensure that you know how to lift and move items safely, identify hazards and avoid risks of back injury etc.

      It sounds like your injury is one caused by a continual working regime, rather than a one off injury. To this end, you should still record the details of your injury and the reason for your absence with your employer in their accident book.

      We would be delighted to help you make a claim for compensation for the injury to your back. Whilst we can’t guarantee that we can win your claim, we can guarantee that it will cost you nothing if your claim fails. Please visit our make a claim page at https://direct2compensation.co.uk/make-a-claim-for-compensation and pop in your contact details and a brief description of your situation so that one of us can call you to help you get things moving.

      I will also email you regarding this under separate cover.

      We look forward to hearing from you and to helping you with your claim.

      Best wishes

      Ian

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Direct2Compensation Personal Injury Claims

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