How can factory workers pursue claims for factory injury due to manual handling error? I recently injured my back attempting to lift a 60lb crate which needed to be loaded into a truck. My doctor has told me that as a result of my injury, I will no longer be able to work as a laborer, or perform any work which requires stress to be exerted on my back.
Claims for factory injury due to manual handling error may possibly be pursued if someone other than the potential claimant was responsible for the accident. In your case, this is more than likely going to be your employer. Employers owe a ‘duty of care’ to their employees, which requires them to ensure that all equipment used by staff members is up to code and fit for purpose, and that all necessary training and education needed for the job has been completed.
If your employer never sent you on a course to complete manual handling training, or if he never requested to see a manual handling certificate when you were hired, you may be eligible to pursue compensation. Claims for factory injury due to manual handling error may not be simply automatically pursued when an injury is sustained however; if you lied about your manual handling qualifications – forged a certificate, for example – your contribution to your injury may be taken into consideration, and you may have to cede a portion of your settlement as a result.
Regardless of whether or not contributory negligence may factor in your factory injury due to manual handling mistake compensation claim, you should discuss your claim with a personal injury claims lawyer at the first available opportunity. You should also log an entry in the factory’s Accident Report Book; as well as being necessary for insurance purposes, this record may be able to be used as evidence later on.
All of the rules and regulations which apply to your manual handling error factory injury claim for compensation will be explained to you by your lawyer. Speaking with a lawyer before you take any action is vital, as only through a lawyer will you be able to present the best case possible and receive your maximum entitlement to compensation. Claims for factory injury due to manual handling error are always better executed when an experienced personal injury claims lawyer has been consulted as early as possible after an accident.