I have experienced chronic back pain ever since I carried a number of heavy boxes for my employer. Can I claim for back injury from heavy lifting in office?
Whether you can claim for back injury from heavy lifting in office will depend upon whether your employer has displayed negligence which resulted in your injury. Regardless of the size or weight of the items which have been moved or the area in which the injury has occurred, if your employer has taken insufficient measures to avoid an injury occurring and you are not liable for your injury, you can claim compensation.
Before performing heavy lifting duties, an employer must ensure that their employees are fully trained with regards to heavy lifting and the techniques to use when doing so. While this training is usually provided to those who must perform heavy lifting on a daily basis, even staff who may only be required to do so on occasion should be trained on the methods required. Should an injury occur even if training had taken place there are two possibilities as to why the injury happened; either the training provided was inadequate on behalf of the employer, or the training was not followed appropriately by the employee.
A compensation claim for back injury from heavy lifting in office is still possible in the second scenario, although contributory negligence may reduce the amount of compensation to which you may be entitled to in order to reflect your own carelessness. A medical examination should also take place at the earliest opportunity in order to reduce the likelihood of contributory negligence by failure to prevent the exacerbation of your injuries.
Once medical attention has been sought, the next step in making a claim for back injury from heavy lifting in office is to report the accident in the “Accident Report Book” of your employer. If your absence from work will last longer than seven days, your accident will have to be reported by your employer to the Health and Safety Executive. It is possible at this stage that the insurance company of your employer may approach you with an unsolicited offer of compensation. However these offers are made in the hope of the insurance company saving money, and to avoid the possibility of being under-compensated you are advised to consult a personal injury lawyer.
If you wish to proceed with your claim for back injury from heavy lifting in office – even if liability for your injuries appears to be clear – you are advised to consult a personal injury lawyer at the earliest opportunity who can represent your claim, answer any questions you may have regarding the process and to determine the amount of compensation to which you may be entitled.