A manual handling injury claim* seeks compensation when you suffer a personal injury when lifting, shifting, or moving an item in the workplace. An employer owes you a duty of care; if they breach that duty of care and you suffer a personal injury, you may have a compensation claim. 

You could suffer a manual handling injury in the warehouse or a manual handling injury if you injure yourself lifting boxes in the office storeroom. Supermarket workers can suffer a manual handling injury when stacking shelves. Delivery van drivers often suffer a manual handling injury lifting goods in and out of the company truck. 

If you suffer a workplace accident, such as wrenching your back lifting boxes in the office or damaging your shoulder moving goods in the warehouse, you may have a manual handling injury compensation claim. 

PBN Litigation Solicitors in Dublin can look at the manual handling injury details and see if you have a valid personal injury compensation claim*.

Table of content

What is a manual handling injury claim*?

A manual handling claim is when an employee seeks compensation for the personal injury they suffer in the workplace. It could be a back injury when lifting boxes, a shoulder injury when shifting furniture or an RSI from stacking shelves above your head, but you may have a manual handling injury claim* if it happens in the workplace. 

Over 30% of workplace accidents in Ireland are manual handling injuries. The injuries can have employees off work for a time and may affect their income now and in the future. 

Workplace sectors that see the common manual handling injuries in Ireland:

  • Healthcare
  • Manufacturing
  • Agriculture
  • Retail
  • Storage facilities
  • Delivery
  • Construction
  • Company warehouse
  • Offices
  • Forestry and Fishing

Manual handling injury comes out at the top of workplace injury lists in most sectors in Ireland. There are more than 430,000 days lost to workplace injury in Ireland annually, and 26% of reported injuries were to the back in manual handling injury cases.

Your PBN Litigation solicitor can make the manual handling injury claim* for you. You are the one who may have suffered an injury in a workplace accident that was not your fault, and you could have a compensation claim*. 

PBN Litigation Solicitors in Dublin have the experience and expertise to take on your case and get your compensation for a workplace injury.

PBN solicitors work with you to get the compensation you deserve.

We pride ourselves in taking the stress out of personal injury litigation by providing a service dedicated to the client.

Compensation for a manual handling injury claim*

Compensation for a manual handling injury claim* in Ireland can see you receiving damages for injuring your back in a warehouse accident or tearing shoulder ligaments when working in the healthcare sector. 

The compensation awarded in Ireland for a manual handling injury differs depending on the injury or injuries you suffer, such as the severity of a spinal injury or the amount of time you are off work due to a repetitive strain injury in the wrist. 

A workplace injury, such as in a manual handling claim, may cause pain and discomfort and affect your daily life. You could spend time in hospital and be unable to work or look after family members in your care. A worker may be unable to return to their usual job and could need to retrain for another type of work. 

There is not one fixed compensation award for any workplace accident claim*. A personal injury solicitor can only give you an idea of what is possible when you suffer due to negligence by an employer and what you can claim for its effects on you. 

Every compensation claim* is different. You may experience pain and suffering due to the manual handling injury, which could affect your ability to work, travel, and provide for your family. 

With your manual handling claim*, you seek damages for the effects of the injury or injuries due to the lack of duty of care by the employer today and in your future life. 

PBN Litigation Solicitors can explain how the process works and how your workplace accident claim* will combine two types of damages.

Damages in a workplace accident claim*

Damages in a workplace accident claim* are a combination of:

  • General Damages in a Workplace Accident Claim*
  • Special Damages in a Workplace Accident Claim*

The two types of damages take into consideration the effects of the manual handling injury on your life today and its impact on your future. 

General Damages in a Workplace Accident Claim* 

General Damages in a workplace accident claim* are compensation for the pain and suffering you experience from an injury when lifting goods in the warehouse or shifting rubble on the building site. 

For example, you may be able to claim General Damages for back pain that keeps coming back when working in the supermarket or the discomfort when sitting or lying out due to a manual handling injury. 

General Damages may be claimed in any workplace accident case where the injuries cause pain and inconvenience and affect your ability to exercise, drive, play sports and other activities.  

Special Damages in a Workplace Accident Claim* 

Special Damages in a workplace accident claim* are for the financial effects on your life due to the lack of duty of care by an employer. You could claim special damages, for example, if you cannot work and provide for the family when recovering from the back injury due to a lack of lifting equipment in the office. 

You could be off work for a time or be unable to return to similar work with the same salary. 

With Special Damages you claim for:  

  • The loss of earnings
  • Care costs today and in the future
  • Out-of-pocket expenses such as travel, medical appointments, further treatment

Special Damages are for the financial effects of a loss of income when recovering from a workplace accident. For example, you can claim special damages if you cannot work for a while due to the torn knee ligaments from lifting boxes in the storeroom. 

You claim Special Damages to offset the financial costs of the manual handling injury, so you will not be out of pocket due to the actions of others.  

Each person in a workplace accident claim* is different from another one. The financial effects may be heavier on you than on someone in a similar situation. If you have children, you may need to claim for their care while you recover from the manual handling injury. 

You may claim for what is needed to maintain a similar quality of life as before you suffered due to the effects of the workplace accident. 

Your PBN Litigation solicitor can guide you on what to expect in compensation and how to make your workplace accident claim*.

Who is eligible for compensation for a workplace accident in Ireland?

You may be eligible for compensation for a workplace accident in Ireland when an employer breaches their duty of care to you. 

You are the injured party, and if the employer’s negligence could be the cause of your injury, you can claim for the effects of the injury on your life today and in the future. 

The compensation for the workplace accident will help you get your life back on track and ensure you are not out of pocket due to the manual handling injury. 

PBN Litigation Solicitors can make your claim when you may be eligible for workplace accident compensation.

Can I claim on behalf of a loved one for a workplace accident in Ireland?

Yes, you may claim on behalf of a loved one for a workplace accident in Ireland. The financial dependents of a loved one who suffered due to the manual handling injury can make a claim* for compensation in the case of their death or mental or physical incapacity to make the claim.  

Persons who can claim compensation on behalf of a loved one for a workplace accident in Ireland can be:

  • The spouse of the victim of the workplace accident
  • An adult dependent of the person who suffered the manual handling injury
  • Family members who relied on the patient, who suffered the workplace accident, for care and financial support

Dependents may be able to claim the cost of personal care for life, adaptations to the home and any ongoing medical treatments and therapy due to the workplace accident suffered by a loved one. 

PBN Litigation Solicitors can help with your claim from day one. We can advise who is eligible for compensation and be with you when making the workplace accident compensation claim*. 

Who is at fault for a manual handling injury?

An employer may be at fault for a manual handling injury in the workplace. The employer has a duty of care to all employees. You may have a workplace injury claim if they breach their duty of care, causing you a manual handling injury. 

The employer who does not invest in lifting equipment may be responsible for a manual handling injury. An employer who does not follow HSA safety guidelines on manual handling could be at fault for your workplace injury. 

An employer can help prevent a manual handling injury by:

  • Ensuring proper training for all employees in manual handling
  • Ensuring staff have access to lifting equipment in the workplace
  • Ensuring staff receive regular refresher courses in manual handling
  • Ensuring staff are adequately supervised in the workplace
  • Carrying out a risk assessment of all lifting work
  • Ensuring only trained staff are doing manual handling tasks
  • Designing the workplace to reduce distances between workspaces
  • Reducing hazards in the workplace
  • Reducing load sizes and weight where possible
  • Change work rosters to avoid repetitive lifting tasks for employees

If you suffer a manual handling injury in the workplace that was not wholly your fault, you may have a workplace accident compensation claim. 

PBN Litigation Solicitors can discuss your workplace accident claim with you and help you claim the compensation you deserve.

Contact PBN solicitors today for all your personal injury compensation needs.

How to make a workplace injury claim* in Ireland

To make a workplace accident claim* in Ireland, you need to follow a few standard steps and work with a personal injury solicitor to make it a successful compensation claim. 

Making the workplace injury claim may seem daunting, especially when you are making one against a large company or one you have worked for over a number of years. 

A personal injury solicitor can be by your side and help you navigate your way through what could be a complex process.  

The steps to follow when making a workplace accident claim in Ireland are:

You should engage a personal injury solicitor as soon as possible to further your workplace accident claim. The team at PBN Litigation Solicitors can advise on your case and how it could proceed. 

With our no-obligation consultation, we can meet with you in confidence and advise you on the strengths of your manual handling injury case.

To investigate your manual handling injury case, we will request an initial medical report from your doctor to outline the injuries you sustained in the workplace accident.  

Updated reports with a final prognosis from your doctors will be taken up before your case is settled.  

We will help investigate your case by taking witness statements or by making Data Access requests for CCTV footage / personnel files.  

Submission of the workplace injury claim to the Personal Injury Assessment Board will follow. Upon receipt of your medical report from your doctor, we will submit the claim to the PIAB.   

The PIAB will contact the negligent party and their insurers. The negligent party has 90 days to confirm to the PIAB whether they will consent to the PIAB assessing the case or decline to permit the PIAB to assess the case.   

If they agree to permit the board to assess the case, PIAB has nine months to do so. The PIAB can also extend this period by several months if they wish to do so. 

Within the nine-month period, you will be sent for an independent assessment by an independent injuries board doctor.   

The PIAB will issue a Letter of Assessment to you and to the negligent party. In the letter, they will outline what compensation you are due for the personal injury.  

If you and the negligent party agree to the Letter of Assessment, the PIAB issues an Order to Pay, where the negligent party must pay the compensation payment to you by a specific date.  

Unfortunately, you may need to go to court if the negligent party denies responsibility for the workplace injury or the two sides cannot agree on an acceptable level of compensation.  

Going to court may be the final step in resolving your workplace injury case. Your solicitor will take over the running of your case from the PIAB when court becomes the only option.  

Your solicitor will issue the court proceedings and advise you along every step of what can be a difficult process for you and your dependents.  

Court proceedings can be protracted, and you will need experience and expertise on your side when in the courtroom.  

In some cases, a workplace injury claim is settled on the steps of the court when the negligent party meets the person who suffered the manual handling injury.

The Health and Safety at Work Act (2015)

The Health and Safety at Work Act (2015) outlines an employer’s duty of care to employees in the workplace. It also outlines an employee’s responsibilities and how to behave when at work. 

Your employer has a duty of care to you to help prevent a manual handling injury in the workplace under the Health and Safety at Work Act. 

The employer has a responsibility to employees under the Health and Safety Act to:

  • Provide a safe place of work for all employees
  • Provide suitable and properly maintained equipment and machinery
  • Provide suitable breaks and rest periods throughout the working day
  • Not put employees at risk in the workplace from chemicals and equipment
  • Provide full training on health and safety to employees
  • Provide adequate PPE to all employees
  • Provide a trained safety officer in the workplace
  • Provide a full risk assessment for all procedures and equipment

If an employer does not carry out their duties under the Health and Safety Act, it may be seen as a breach of duty of care to employees. 

When a breach of their duty of care causes an accident in the workplace, such as a manual handling injury, you may have a workplace accident compensation claim. 

PBN Litigation Solicitors can make your workplace accident claim in Ireland and help get you the compensation you deserve. 

Can you lose your job for making a workplace accident claim?

No, you cannot lose your job for making a workplace accident claim in Ireland. The Unfair Dismissals Act outlines several categories under which a dismissal is seen as unfair. 

Sacking an employee for taking legal action, such as a workplace accident claim, is seen as unfair. Irish employment law protects your rights and gives you a course of action for an unfair dismissal. 

You can bring a case to the Workplace Relations Commission for an unfair dismissal if your sacking is a direct consequence of you starting a compensation claim for a workplace accident. 

PBN Litigation Solicitors will be on your side and advise you through making a workplace accident claim.

Contributory negligence in the workplace

Contributory negligence in the workplace is when you may be partially responsible for the workplace injury you have sustained. It could happen that the employer breached their duty of care to you but you could have also contributed to the workplace accident. 

A case of contributory negligence in a manual handling injury could be when the employer provides training and lifting equipment, but the employee does not use it. If the employee sustains a manual handling injury, it could be partially their fault and partially the employer’s fault for not providing adequate supervision.  

The portion of contributory negligence may be decided as a percentage of the overall responsibility for the workplace accident. It may be decided that the employer is 60% responsible and the employee is 40% responsible for the manual handling injury. 

Your portion of contributory negligence could be decided by your solicitor in discussion with the employer’s solicitor, or if the case goes to court, the responsibility will be decided by the judge.

Can I still make a workplace injury claim* if I am partially responsible?

Yes, you may still make a workplace injury claim* if you are partially responsible for the manual handling injury. If the workplace accident is at least partially due to a breach of duty of care by the employee, then you may be able to make a compensation claim*. 

The amount of compensation awarded to you will be reduced by the percentage of responsibility decided and agreed upon by your personal injury solicitor. 

If you were 40% responsible for the manual handling injury, then the compensation awarded would be reduced by 40%. 

PBN Litigation Solicitors have the experience of contributory negligence in the workplace to help guide you through the workplace accident claim.

Common injuries due to manual handling accidents

Common injuries due to manual handling accidents range from the sore back to a bruised elbow and the many different nerve damage injuries seen after a workplace accident. You may have a workplace accident claim if you have an injury due to a manual handling accident. 

Types of common injuries seen in manual handling accidents:

  • Cuts and bruises
  • Sprains and strains
  • Hernias
  • Hand injuries
  • Foot injuries
  • Knee injuries
  • Back injuries
  • Spinal damage
  • Nerve damage
  • Slipped discs
  • Musculoskeletal disorders
  • Shoulder injury
  • RSI injuries in the wrist
  • Crushing of hands and fingers
  • Crushing of feet and toes
  • Head and neck injuries

If you suffer one or more manual handling injuries, you may have a manual handling injury compensation claim. You could suffer a manual handling injury over time, such as nerve damage from lifting boxes in the storeroom, or it could be an instantaneous injury, like when a heavy item you are lifting falls on your foot. 

PBN Litigation Solicitors can look at your manual handling injury details and help make the workplace accident claim* today.

Make a personal injury claim* today

Start your personal injury claim* for a manual handling injury today by contacting PBN Litigation Solicitors. 

If you have suffered torn shoulder ligaments when moving furniture in the office or broke a bone when the object you were lifting in the warehouse fell on your foot, then PBN Litigation Solicitors have the experience and expertise to manage your compensation claim*. 

You, the client, are the one injured in the workplace accident and are in recovery. The last thing you should have to worry about is dealing with the PIAB or the courts when recovering from a personal injury in the workplace. 

PBN Litigation Solicitors can take on your case and work with you to get the compensation you deserve. 

We pride ourselves in taking the stress out of personal injury litigation by providing a service dedicated to the client. 

Contact PBN Litigation Solicitors today for all your personal injury compensation needs.