Many personal injury cases are manual handling injury claims, in which heavy lifting has resulted in an injury to the back, neck and/or shoulders.
These injuries commonly occur where inadequate training has been provided for lifting and moving heavy objects. Manual handling injury claims can relate to any case in which lifting or handling heavy loads results in injury, including repetitive strain injury and injuries that result from inadequate conditions or equipment.
Here at S.T. O’Sullivan & Co Solicitors, we have 35 years’ experience litigation and have successfully represented clients who have suffered manual handling injuries. To proceed with a case for manual handling injury you must obtain copies of your medical records, and your solicitor will work with you to establish whether your employer was remiss in his or her obligations to you. It is advisable to request that the employer allows an inspection of the location of the accident from an engineer, which will assess the safety of the working environment in which the accident occurred.
EMPLOYERS MUST PROVIDE ADEQUATE TRAINING TO PROTECT STAFF
To make a manual handling injury claim, you will need to show that your employer has failed to meet his or her obligations to you as an employee, and that you would not have sustained the injury if the correct procedures had been followed. An employer must:
- Provide adequate manual handling training. Full and relevant training must be provided for all employees who are involved in manual handling, and this must be recorded in training records. Training should form part of an ongoing employee development programme, and should be updated on a regular basis.
- Carry out risk assessments. Risk assessments should be carried out by an employer on an ongoing basis, ensuring that the tasks that an employee is asked to carry out are safe and do not pose a risk to his or her health. Risk assessments apply to areas, equipment, working environment and general activities, as well as specific tasks.
- Provide specific training for certain tasks. Some tasks may require specific training and further information, such as if a heavy load requires pulling or pushing, or if two employees are working together to move a heavy load. This specific training should be provided before any such tasks are undertaken, and training should be updated on a regular basis.
As an employee, you also have an obligation to report any accidents to your employer, and to the Health and Safety Authority.
S.T. O’Sullivan & Co Solicitors, 6, Bindon Street, Ennis, Co.Clare.
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