Manual Handling Injury in Warehouse

I strained muscles in my shoulder from a manual handling injury in warehouse, but my employer says that I am not entitled to compensation because – he claims – I was not strong enough to lift the weight. Is this fair?

Question:

I strained muscles in my shoulder from a manual handling injury in warehouse, but my employer says that I am not entitled to compensation because – he claims – I was not strong enough to lift the weight. Is this fair?

Answer:

Inasmuch as there are no regulations relating to a maximum weight that an employee should be asked to manually handle, there are controls that should be put in place by your employer to reduce the risk of injury. If your employer has failed to apply these controls, and you have sustained a manual handling injury in warehouse as a result, you will be entitled to claim for manual handling injury in warehouse compensation.

The most appropriate control relating to your specific manual handling injury is the “assessment of individual capability”. This is covered under Regulation 4 (3) of the Manual Handling Operations Regulations 1992 and states that prior to assigning you a manual lifting task, your employer should conduct a risk assessment to ensure that you are physically capable of executing the assignment safely without risk of injury.

If you employer has not conducted this risk assessment, or could have provided you with mechanical assistance but failed to do so, he is in breach of his duty of care to provide you with a safe environment in which to work and liable in any claim for manual handling injury in warehouse.

Irrespective of his opposition to you making a claim for manual handling injury in warehouse compensation, you should still go through the regular procedures for making a warehouse injury claim. If you have not done so already, you should have a medical examination by your doctor, make an entry in your employer´s “Accident Report Book” and – wherever possible – photograph the load you were expected to carry. If you can ascertain the load´s weight, so much the better.

It would also be in your best interests to discuss the circumstances surrounding your manual handling injury in warehouse with an experienced personal injury solicitor at the earliest possible opportunity. A solicitor will assess your case, establish whether you have a claim for manual handling injury in warehouse which is worth your while to pursue and advise you how much compensation for manual handling injury in warehouse you may be entitled to receive.

This final piece of information will be valuable for you to know if your employer changes his position on his liability for your manual handling injury and you are approached by his Employer´s Liability insurance company with an offer of manual handling injury in warehouse compensation. These offers rarely reflect the full extent of your injury and the impact on your quality of life and therefore, if you have already spoken with a solicitor, you will know whether to accept the insurance company´s offer or continue with a claim for manual handling injury in warehouse compensation.