All employers have a legal duty of care for their employees, and this stretches to contractors and even visitors of a business. If you have been injured lifting, then you could have a strong strain from lifting claim, and you may be eligible for compensation.
You can make a strain from lifting claim whether you have injured yourself lifting completely manually, or through the use of lifting equipment that requires human effort, such as with a chain block and car jack. Regardless of how your injury came about, it is your legal right to compensation, if you have been injured through your employer’s actions or inaction’s.
Your employer’s responsibilities to you
Your employer has legal duty to protect you as far as is reasonably practical from injury, and they must take precautions to minimise the risk of injury.
Precautions include providing training, to help you perform your role properly, and providing personal protective equipment (PPE), to protect you in the event of an accident such as a chemical spill. In addition to this, your employer may deem fit to properly plan and organise lifting operations as part of their business, to ensure that they are carried out in a safe manner. As part of this process, risk assessments should be carried out.
Your responsibilities as an employee
It is your responsibility to cooperate with your employer on all matters regarding health and safety and to follow all health and safety guidelines set out by your employer. For example, if you are supplied personal protective equipment, you must wear it when it is appropriate.
Where you stand legally with your strain from lifting claim
The Manual Handling Operations Regulations 1992 (amended in 2002) make it very clear that employees should be protected from injuries caused by manual handling. This includes lifting. If you have been suffered a strain from lifting, then you can make an accident claim based on these regulations, and the inaction’s of your employer to properly keep you safe; you will have a strong claim if it can be proved that your employer failed in their legal duty to you. Your claim may be weakened, if it is found that you were in some way responsible.
How long does the claims process take?
We can process strain from lifting claims within 6-8 weeks. However, more complex cases may take a few months. You will be kept updated throughout the claims process, and if you require, medical support and financial support can be coordinated on your behalf.
Find out more about the claims process today
Give our experienced claims advisors a call today on 0800 157 1437 to find out more about the claims process, and to get all your claims-related questions answered.