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I hurt my back lifting at work, can I claim compensation?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    I hurt my back lifting at work, can I claim compensation?

    Back injuries are the most common work-related injuries in the UK. Each year, a quarter of million people hurt their backs while at work, and one of the most common causes for an injured back is lifting. Often a back injury can be the fault of the employer. This is because employers have an obligation to see that employees who are expected to lift objects in the course of their work can do so safely and without risk of injury. If employers fail in this obligation then somebody who injures their back at work can claim compensation.

    What is meant by ‘manual handling’?

    The lifting of objects in the workplace is known as manual handling. While lifting something may seem like a straightforward task, it actually requires proper manual handling training. Because employers have a duty of care towards their workforce, they need to have provided some form of manual handling training so that employees know the right way and wrong way to lift. This is important due to the fact that incorrect lifting can easily lead to a back injury.

    Employees should be restricted to lifting a reasonable weight

    Health and safety legislation doesn’t set a specific weight limit that is safe for people to lift. This is because different people have different levels of strength and what might be safe for one individual may not be safe for another. However, the law states that employers have an obligation to assess the risk of any manual handling and reduce the risk of injury wherever possible. This may mean imposing limits as to what each employee can lift or providing an alternative to lifting items such as a forklift truck.

    How is the liability for my injury determined?

    If an employer fails to provide proper manual handling training or doesn’t conduct a proper risk assessment on the lifting of objects then they could be held liable for any injury suffered by an employee. In addition to this, if an employer hasn’t taken practical steps to avoid having their employees lift objects then they could also be deemed liable. However, it is not always easy to know whether an employer is at fault when you injure your back lifting something at work, which is why it is important to speak to a personal injury solicitor as soon as possible, as he or she will be able to advise you as to whether you can make a claim.

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