Valid nationally as Australian Government legislation, the Manual Handling Regulations control any activity requiring the use of force exerted by a person to lift, push, pull, carry or otherwise move or restrain any animate or inanimate object. The main objectives of these regulations are to prevent injuries and to reduce the severity of those injuries that do occur by imposing upon employers a requirement to carry out a risk assessment for any potentially dangerous operation and thereafter to control the environment by the use of safe systems of work or where reasonably possible by use mechanical handling methods. Employers are required to ensure the use of containers that are free from health risks and to design risk free manual handling systems within a safe working environment. Any employee who is injured as a result of breach of these regulations is entitled to instruct manual handling accident solicitors to make a compensation claim for damages for any injury sustained which typically involves the hands, back or neck. Our manual handling injury solicitors offer advice at no cost and without further obligation.
If your employer has failed to take reasonable measures to reduce the risk of injury in the workplace and as a result, you are injured, you may be entitled to instruct a manual handling accident solicitor to take legal actiion for personal injury compensation:-
Common workplace accident claims instigated by manual handling accident solicitors in a court of law include back injury, as well as damage to hands, arms and feet. Acute low back pain, musculoskeletal disorders (including occupational overuse syndromes), acute sprains and strains of muscles and tendons are often the result of employers negligence. Injuries in some cases may be permanent resulting in ongoing disabilities and symptoms.
Your employer has a legal duty under the Manual Handling Regulations to provide a safe and healthy workplace. The regulations specify that so far as is reasonably practicable, each employer must avoid the need for his employees to undertake any manual handling operations at work which involve a risk of injury.
Tasks in your workplace should be identified by your employer and the risk or likelihood of injury assessed. Where there is a risk of injury, reasonable control measures must be introduced. In assessing the likelihood of risk of injury your employer must look at these factors :-
Control measures that may need to be introduced by your employer include :-
Manual handling means more than just lifting or carrying something and is used to describe a range of activities including :-
Employers must ensure that they carry out a detailed risk assessment for all manual handling operations which must include assessment of the location, the goods, the available equipment and the attributes of the individual carrying out the task. In the event that a task being carried out in a particular way is determined as an unacceptable risk, the employer must seek alternative methods, including the use of an enhanced lifting team, provision of safety equipment or mechanical aids. Employees also have responsibilities and must use techniques in accordance with their training and must make active use of mechanical aids, personal protective clothing and team lifting facilities where available. An employee failing to act reasonably may mean that legal action by a manual handling injury solicitor is not successful.
In addition to the Manual Handling Regulations there is further legislation contained in the Occupational Health and Safety (Commonwealth Employment) Act 1991 (OHS (CE) Act) which requires employers to enter into consultation with employees relating to the interpretation of the Manual Handling Regulations. Employers must develop a policy of continuing consultation and in the case of larger employers with an organised union presence, if requested by a Health and Safety Representative must discuss any changes that may affect health and safety within the workplace.
If you are the innocent victim of an accident or are only partly to blame our manual handling injury solicitors are able to make a no win no fee compensation claim. If you would like advice at no cost just complete the contact form or email our offices or call the helpline and a manual handling injury solicitor will telephone to give information on how to protect your legal right to claim compensation with no further obligation.
LAWYER HELPLINE: ☎ 1800 339 958The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here