Is it possible to pursue compensation for a shop worker after a manual handling injury carrying merchandise if I received no manual handling training?
You may be entitled to pursue compensation for a shop worker after a manual handling injury carrying merchandise if you are able to prove that the injury you sustained was as a result of the negligence of someone else — in your case, this is probably going to be your employer. Employers are obliged to provide manual handling training to workers if they are expected to lift heavy items without the use of transport equipment. As your employer did not provide you with the correct training to carry out your job, you may be entitled to pursue a claim for a manual handling injury.
An employer’s obligation to provide appropriate training where required is part of the ‘duty of care’ they hold to their employees. A ‘duty of care’ is a responsibility held by a party to ensure that the persons whose health and safety they are charged with protecting do not come to harm. While this ‘duty of care’ is not absolute — meaning that people who are protected by the ‘duty of care’ must also take steps to safeguard their safety, a breach of it may serve as a reason for a claim to be pursued.
Compensation for a shop worker after a manual handling injury carrying merchandise may be able to be pursued if a piece of equipment which would have made the task easier was not made available to you. Under the Manual Handling Operations Regulations 1992 (amended 2002), employers must avoid instructing employees to undertake manual handling operations as much as possible, and must defer to another method if one is available.
It is possible that another method for transporting the merchandise was available and you chose not to utilise it. If this is the case, your refusal to opt to use the equipment available may place your claim for shop worker compensation in jeopardy. As mentioned above, in order for a claim for a manual handling injury to be successful, you may be required to prove that your employer failed in their duty of care towards you. If you contributed to your own injury, it may endanger your claim. The possibility of contributory negligence is an issue that should be raised with your solicitor at your first meeting — it is always better to alert your solicitor to a potential obstacle as early as possible. If you are found to have contributed in some way to your own injury, you may have to forfeit a percentage of any shop worker compensation settlement to represent your own negligence. To learn more about contributory negligence and its potential impact on your claim for shop worker compensation, speak with a personal injury claims solicitor at the earliest possible opportunity.
Pursuing a claim for a manual handling injury is a process in which the advice of a personal injury claims solicitor is indispensable. Claiming for shop worker compensation after first speaking to a solicitor will provide you not only with piece of mind that your claim is in the best possible hands, it will also give you the best possible likelihood of retaining 100 per cent of your settlement. In order to find out how much compensation for a shop worker after a manual handling injury carrying merchandise you may be entitled to, speak with a solicitor today.