Injuries in the Workplace

Author: admin    12 14th, 2009 in healthy living tips    

Within the workplace, lifting accidents are an all too common occurrence, despite there being a number of regulations in place governing the safety of employees. Although you may think an accident is entirely your fault, it is always worth looking at the factors involved in the lead up to your injury.

One recent case involved a highly trained and highly experienced nurse bathing a patient. In doing this she used a mechanical hoist to transport the patients into the bathroom, before intending to manoeuvre the forks of the hoist under the bath. However on pushing the hoist forward, it jarred resulting in a jerking injury to her back.

Despite alleging a defected hoist, and with no risk assessment being carried out, the original trial judge decided the hoist had collided with a wooden plinth under the bath, and having carried out this duty previously, the nurse would have been aware it was there.

On appealing the case however it was found that the employers should have carried out a risk assessment to reduce the risks of injury from handling operations to its lowest. Once it was revealed that there was a high risk of injury, the employer was left to prove the positive actions they had put in place to reduce all risks. As there were a number of options they could have utilised to make the plinth safer, they were found liable for the injuries caused, although the lady similarly accepted some of her own carelessness.

Many solicitors often find that it is the employer who is responsible even when the injured party aren’t aware of their rights. In another case, an office worker with back problems neglected to inform his employer of this as he was sat at a desk all day. However on the day he was injured he was requested to help move files from one office to another which was on a different floor. This involved bending and stretching to fill boxes, with colleagues effectively forming a human chain to move the files between offices. The man in question had received training in manual handling in a previous post, but had received none in this one.

Later on he started to suffer back pains, aggravating his pre-existing condition, leaving him unable to return to work. In having not told his employers about his previous complaint he believed he would be unable to seek compensation. However owing to the lack of manual handling training and no risk assessment being carried out, he was successful in his claim despite some deductions as a result of his failure to inform his employers and as it was a pre existing condition.

Clearly then in any case you should receive suitable training, alongside risk assessment prior to any manual lifting. Furthermore, if you find yourself injured in a work accident, it is important you seek appropriate legal advice as soon as possible to see if you are entitled to claim compensation following your accident.


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