Back Injury Lifting Heavy Boxes at Work
Even if handling boxes is part of my job description, can I still claim compensation for a back injury lifting heavy boxes at work?
Despite the fact that your job requires you to lift heavy boxes, this fact should not prevent you from being able to claim back injury lifting heavy boxes at work if your employer has failed in his or her legal duty of care. If it can be proven that your employer did not adhere to the obligations stipulated under health and safety legislation, causing you to have been faced with an unacceptable risk of injury, and that it can be established that you injured your back during your employment through no fault of your worn, you should be able to recover compensation for injury at work from lifting heavy boxes.
You must bear in mind however, that no claim for lifting heavy box at work causing back injury compensation will be possible should it transpire that you were principally responsible for the injury sustained. If, for example, your employer had directly instructed you not to lift the box in question, but you ignored his warning, you will most likely not be able to recover compensation.
Proving negligence for your injury is an essential aspect of your claim for compensation and there are many instances of employer negligence relating to manual handling back injuries. After a personal injury claims solicitor has investigated the case, a staff member who initially believed they were personally responsible for an injury may actually be able to recover compensation for their back injury lifting heavy boxes at work claim.
Perhaps the staff member was not properly instructed on safe lifting techniques, for example. Even if employees are only occasionally required to carry out duties involving manual handling, under Irish law employers have a legal duty of care that includes ensuring that all staff members who are ever required to perform such tasks have received adequate training.
Under the Safety, Health and Welfare at Work (General Application) Regulations 2007, an employer should not only provide training, but manual handling of boxes must be avoided in all possible scenarios. Attempts must be made within reason to make sure that the lifting of heavy boxes is avoided and an employer is obliged to supply lifting equipment, or must allocate multiple staff to lift heavy boxes as appropriate. If you can prove that your injury was caused by neglect to adhere to these legal responsibilities, you should be able to pursue a compensation for injury at work from lifting heavy boxes claim.
You would be well advised in speaking with an experienced personal injury claims solicitor as establishing and proving negligence in a back injury lifting heavy boxes at work claim can be difficult and it is important that your case is thoroughly investigated by your solicitor to maximise the potential of success. Your solicitor can assess your case in an initial consultation – which most solicitors offer without charge – to determine its viability. Once your right to claim for lifting heavy box at work causing back injury has been confirmed, your solicitor can compile a comprehensive case file that will ensure your compensation is recovered in the quickest possible manner.