Manual Handling Accident Compensation Claims

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 make a manual handling accident compensation claim for damages for any injury sustained which typically involves the hands, back or neck.

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Risk Assessment

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 a manual handling accident compensation claim is not successful.

SOLICITORS HELPLINE 1800 339 958

Occupational Health

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.

SOLICITORS HELPLINE 1800 339 958

Personal Injury Solicitors

If you are the innocent victim of an accident or are only partly to blame we are able to make a manual handling accident compensation claim on a no win no fee basis. If you would like free advice just complete the contact form or email our offices and a lawyer will telephone to give information on how to protect your legal right to claim compensation with no further obligation.