Workplace injuries are all too common in physically demanding roles, particularly where employers fall short of their legal duty to provide adequate training and a safe system of work. A perfect example of this is a recent case we had which highlights just how severe the consequences can be when manual handling protocols are neglected.

The Incident

In January 2021, our client, who was employed as a pallet repairer, was performing his usual duties, which involved lifting and repairing wooden pallets. As he turned over a pallet, estimated to weigh between 18 and 20 kilograms, he felt a sharp, stabbing pain in the right side of his upper back. Despite the pain, he continued working, albeit more slowly and cautiously. Later that same day, while engaged in a similar task, he experienced a sudden “snap” sensation in the same area, followed by intense pain that left him breathless.

By the time he arrived home, his discomfort had escalated significantly. Initially assuming he had pulled a muscle, he later discovered that he had actually suffered a pneumothorax, a collapsed lung caused by a tear in the lung tissue. This is a serious condition that can lead to life-threatening complications if not treated promptly. His consultant subsequently advised him to seek alternative employment to avoid any risk of recurrence through further manual lifting.

The aftermath

The physical, emotional, and financial toll of the injury was substantial. He was left unable to continue in his chosen line of work and had to contemplate a new career direction under medical advice. Despite the serious nature of the injury, the employer had not provided the client with adequate manual handling training, nor had they properly assessed the risks associated with his role.

Through legal action, we successfully recovered almost £10,000 compensation, reflecting the pain and suffering endured, as well as financial losses stemming from the injury.

Legal context: Manual handling regulations in the UK

This case serves as a stark reminder of the importance of employer responsibility under The Manual Handling Operations Regulations 1992, which require employers to:

• Avoid hazardous manual handling where reasonably practicable
• Assess the risk of injury from any manual handling that can’t be avoided
• Reduce the risk of injury as far as reasonably practicable

The failure to comply with these duties can lead to civil liability and, in some cases, criminal prosecution.

In Manley v Rugby Joinery (2005), the claimant suffered a back injury while lifting without proper instruction or mechanical aid. The court held that the employer had failed to carry out a suitable risk assessment and provide necessary training.

Similarly, in Koonjul v Thameslink Healthcare Services (2000), it was confirmed that even if a task seems simple or routine, employers must still assess the risk and provide appropriate instruction.

Our client’s case was a textbook example of a preventable injury. The lack of manual handling training, combined with repetitive physical tasks and no risk mitigation measures in place, made the injury almost inevitable.

The real cost of employer negligence

Beyond the compensation secured, this case underscores a deeper issue: workplace injuries stemming from inadequate training or risk management can be life-changing. Employers have both a moral and legal obligation to safeguard the wellbeing of their staff, especially in physically demanding roles.

How Switalskis can help

If you or someone you know have been injured at work due to poor manual handling procedures, you may be entitled to compensation. Seeking expert legal advice early can make all the difference, not just in recovering damages, but in holding employers accountable and preventing similar injuries in the future.

If necessary, we can also help you access rehabilitation or therapy to support your recovery.

Contact our personal injury experts for a no obligation chat about your options. Call 0800 138 0458 or email help@switalskis.com or fill out the form below.