I suffered severe back pains ever since I carried out heavy lifting on a farm. If I never received heavy lifting training, can I claim for lifting injury on farm?
A claim for lifting injury on farm can be made in the circumstance that the negligence of your employer resulted in you sustaining an injury. It is easy to sustain a back injury while working on a farm due to lifting heavy farmyard equipment, produce or even livestock. If it can be proved that this injury was caused by the lack of care of your employer, you may be eligible to compensation.
If a worker is required to perform manual handling duties, it is expected that they be trained in the methods of doing so. Workers who perform manual handling activities on a daily basis will likely be provided with training. However it should be required from employers that all workers who perform any manual handling duties are provided with training – even those who may only be required to carry light loads on occasion. Even a light load can result in a serious back injury, and should a person who was not properly trained receive an injury while lifting a heavy load, this may be seen as negligence on behalf of the employer, thus making the employee entitled to compensation.
Workers who may not have been trained in manual handling are sometimes asked to do so with lighter objects on occasion. Even if an object is construed to be light, it can still cause a serious injury if not lifted in the correct manner. If the body is moved out of its normal position, it is possible that a musculoskeletal injury may take place which may result in a muscle strain or even a slipped disc.
In the case where you have not been trained in manual handling and a back injury is sustained, you may be entitled to claim for lifting injury on farm. An initial report may have to be made in the “Accident Report Book” of your employer, and if you miss seven days or more of work as a result of your injury your employer will be required to report the accident and injury to the Health and Safety Executive (HSE). If the HSE conducts their own investigation and finds your employer has been negligent, this may help your claim.
Regardless of how strong you believe your claim for lifting injury on farm may be, you are advised to consult a personal injury lawyer at the earliest opportunity. This will not only ensure that the appropriate steps are taken when initiating a claim for compensation, but can also provide an estimate of the amount of compensation to which you are entitled. This will be particularly useful if you receive an unsolicited offer of compensation for your injuries which transpires is much lower than you should be entitled to. As a time limit of three years exists, as per the Statute of Limitations, in order to initiate a claim, you are advised to consult a lawyer without delay.