Injuries Caused by Manual Handling of Patients

Lifting, moving, and repositioning patients is the single greatest cause of musculoskeletal injury among nurses and care workers, and the resulting pain can be lasting and life-changing. If you have been injured handling a patient, and your employer did not do what was reasonably required to keep you safe, you may be able to claim compensation.

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Seeking Compensation Following a Patient Handling Injury

McCarthy + Co Solicitors LLP has acted for many nurses, healthcare assistants, and care staff whose injuries came from handling patients, so we understand how these claims are defended and what evidence answers that defence. We handle all claims with a genuine commitment to securing the best possible outcome for you.

Employers have a duty under the Safety, Health and Welfare at Work Act 2005 to identify hazards, assess the risks, and put controls in place, alongside their common law duty of care. Manual patient handling is a known and well-documented hazard, which means it must be managed rather than simply accepted. You may have grounds for a claim where your employer has failed to:

eliminate manual lifting where a mechanical solution was reasonably available;
provide enough lifting equipment, in working order and properly cleaned and maintained, for the patients being cared for;
provide ongoing training in safe handling techniques, rather than a single course at induction;
maintain staffing levels that allow team lifting to actually happen when a patient needs to be moved;
carry out and act upon proper risk assessments; and
keep and review records such as incident reports, injury logs, and staff surveys, so that recurring problems are identified and fixed.

If any of this sounds like your workplace, it is worth talking to us about what happened. Arrange a time to speak with a solicitor by completing our quick and confidential online form.

Common patient handling injuries

The injuries we see most often from lifting, turning, and transferring patients include:

disc degeneration or prolapse;
herniated discs with associated nerve damage;
lower back pain caused by soft tissue injury;
pulled or torn ligaments; and
sprained or strained muscles.

Some of these injuries happen in a single moment, such as taking the weight of a patient who begins to fall. Others build up over months or years of lifting in the same way, until a manageable ache becomes a serious problem. Both can be the basis of a claim. Where the injury is severe, you can also read about spinal cord damage and the support available.

What safe patient handling should look like

The risk of injury cannot be removed entirely, but a substantial body of research shows that it can be reduced considerably. The approach that works replaces conventional manual lifting with ergonomic methods, using mechanical equipment and safe procedures so that staff avoid manual exertion altogether, or at least keep it to a minimum. Equipment that supports this includes:

overhead track lifts;
portable total lifts;
sit-to-stand lifts;
lateral transfer devices and transfer boards;
reduced friction sheeting; and
inflatable mattresses.

Lifting teams, where several staff move a patient together using suitable equipment, also reduce the risk. That only works in practice, however, where staffing levels allow colleagues to be available at short notice, because patients rarely need to be moved at a convenient moment.

“When I first spoke to Liam Crowley he put me at immediately at ease with his patience, empathy and professionalism. Liam and his team were amazing. He kept me informed at all times. All I had to do was follow advise to achieve a great conclusion for damages and compensation for me.”

Stephanie Sedgwick

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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.

If you have been injured while handling patients and would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Frequently Asked Questions

Questions we are often asked in relation to patient handling injuries.

Why is patient handling such a common cause of injury?

Because a patient is an unpredictable load. Turning, transferring, and repositioning people places heavy pressure on the spine, and the demands are rising. Patients are on average heavier than in the past, staff are working later into their careers, and as more care moves to outpatient clinics the remaining inpatient population tends to be less mobile and to need more assistance. The result is that fewer staff are moving more dependent patients.

My employer says I was trained properly. Does that defeat my claim?

No. Training matters, and it should be refreshed regularly rather than delivered once at induction, but good technique on its own is not enough. The evidence is clear that training must be combined with suitable equipment, adequate staffing, and effective risk management. An employer who relies on training alone has not discharged their duty, so being told your technique was at fault is not the end of the matter.

The hospital had modern lifting equipment. Does that end my claim?

Not at all. It is no defence for an employer to say that state-of-the-art equipment existed somewhere on the premises. What matters is whether it was genuinely available to you at the moment you needed it. If the hoist had been borrowed by another unit, or was not cleaned or maintained, or there were not enough staff to help you use it safely, then the reality of your workplace is what counts, and your employer may well be liable.

What records should my employer be keeping?

An employer serious about managing this risk should be maintaining written risk assessments, incident and accident report forms, injury logs, and staff surveys, and reviewing them so that recurring problems are identified and addressed. Failing to do so is itself capable of amounting to a breach of the duty of care owed to you, and gaps in an employer’s records can be revealing when a claim is investigated.

When does the time limit start if my injury built up gradually?

This is the most common difficulty in these claims. Where a single incident caused your injury, the two years usually run from that date. Where the injury developed through repeated lifting, the two years run from the point at which it became significant, and there is no fixed statutory definition of what that means, so it depends on the circumstances of your case. If you are experiencing back pain or discomfort that you think may be connected to your work, take advice now rather than waiting, so that your entitlement is preserved.

What should I do if I am thinking of making a claim?

See your doctor, so that your injury is assessed and recorded. Report it at work and check that the record is accurate. Where you can, note what equipment was actually available on the day and how many staff were on duty, and ask colleagues who were present to write down what they remember while it is fresh. Then take legal advice. We can investigate the circumstances properly and deal with the Injuries Resolution Board and your employer’s insurer on your behalf.