If you have been injured at work, you may be wondering whether you’re eligible to make a warehouse accident claim for compensation. In this guide, we will explain what employer negligence is and how it could result in workplace injury.
When you’re in the workplace, your employer owes you a duty of care. This means that they need to take all reasonably practicable steps to ensure your safety. If they fail to do so, and your health is impacted as a result, you could claim.
Included in this guide is an explanation of No Win No Fee agreements and the steps you could take in anticipation of making a claim. Also, we look at potential causes of warehouse accidents and the kinds of injuries that could occur as a result.
Our team can offer free legal advice and might be able to connect you with a solicitor from our panel, depending on the validity of your claim. To speak with our advisors:
- Contact us with the online form.
- Use the live chat features.
- Click the banner at the top of the page.
Choose A Section
- How Can I Make A Warehouse Accident Claim?
- Examples Of Accidents In A Warehouse
- How Can I Build My Injury At Work Claim?
- Payouts For A Warehouse Accident Claim
- Can I Appoint No Win No Fee Lawyers For My Case?
- More Information About Warehouse Accident Claims
How Can I Make A Warehouse Accident Claim?
According to the Health and Safety at Work etc. Act 1974 (HASAWA), employers must take reasonably practicable steps to ensure your safety while you’re in the workplace; this is their duty of care. If they are found to be in breach of this duty, and you are injured as a result, they could be found liable.
In order to claim compensation, you need to prove:
- Your employer breached their duty of care.
- You were injured at work as a direct result of this.
Not all instances of accidents at work will be caused by employer negligence. In some cases, your own actions could cause you to be injured in the workplace. On the other hand, you could be injured by a hazard that it was not reasonable to expect your employer to anticipate.
For more information on when a warehouse accident claim could be justified, speak with an advisor today.
Warehouse Accident Statistics
Statistics of workplace injuries are recorded by the Health and Safety Executive (HSE). This includes statistics of injuries reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
In 2020/21, 51,211 non-fatal injuries were reported under RIDDOR. 8,713 were in the manufacturing industry, of which there were:
- 2,221 were caused by slips and falls on the same level
- 1,214 resulted from being struck by a moving, falling or flying object
- 1,739 occurred while handling, lifting and carrying
Examples Of Accidents In A Warehouse
Warehouse accidents that result in injury could occur when your employer fails to take reasonable steps to keep you safe in the workplace.
Below, we have included some of the factors that could cause an accident in a warehouse to occur:
- Inadequate Personal Protective Equipment (PPE): When PPE is required to safely carry out your work duties, your employer needs to provide you with the necessary PPE free of charge. For example, this could mean providing heavy duty work boots in the correct size. If they fail to do this, it could result in a slip or fall that causes a broken ankle.
- Insufficient training: This could include health and safety training. All training required to safely carry out work-related duties should be provided free of charge by your employer. For example, if someone is lifting a heavy object, they should be taught to do so in the correct manner. An injury could occur if they lift a box in the wrong way, including a back injury, or they could drop it and break their toes.
- Broken or faulty equipment: Your employer should carry out necessary safety checks when needed. A piece of faulty equipment may need to be taken out of use until it is repaired or replaced. An example would be a forklift truck with faulty brakes. This could result in a worker being hit by the vehicle.
Our advisors are standing by to discuss your potential warehouse accident claim that resulted in injury.
How Can I Build My Injury At Work Claim?
You will need to provide evidence of your employer’s negligence if you would like to file for workers’ compensation. There are multiple steps you can take following an accident to help strengthen your claim, including:
- Seeking medical attention: If you make a visit to a doctor or hospital following an injury, the records that this generates could be submitted as evidence. You might be invited to an independent medical assessment as part of the process of claiming. If you work with a lawyer from our panel, you could have this arranged in your local area.
- Ask for CCTV footage: You could ask the relevant person for any CCTV footage of the accident that caused the injury, if this is possible.
- Gather witness details: You could make a note of witness details, if there are any.
- Seek legal advice: You might like to file a warehouse accident claim and may find the process seems easier with the help of a No Win No Fee lawyer.
Free legal advice is available from our advisors 24/7. Get in touch today to see if you have a valid claim.
Payouts For A Warehouse Accident Claim
If you are successful in your warehouse accident claim, your compensation claim might have two heads; general damages and special damages.
General Damages
Physical injuries and emotional distress suffered as a result of these injuries are compensated through general damages. The Judicial College Guidelines (JCG) is a publication used by legal professionals, including accident at work lawyers, to assign value to the general damages head of a claim.
We have used the brackets found in the JCG in the table below. You should only use this as a guide, as the settlement you receive might differ.
| Injury | Potential Compensation | Notes |
|---|---|---|
| Severe arm injuries (a) | £90,250 to £122,860 | Extremely serious injury which is little better than having the arm amputated. |
| Severe pelvis and hip injuries (i) | £73,580 to £122,860 | Extensive pelvis fracture with substantial residual disabilities. |
| Severe neck injuries (iii) | £42,680 to £52,540 | Severe soft tissue damage, ruptured tendons, fractures or dislocations resulting in chronic conditions and significant permanent disability. |
| Moderate leg injuries (iv) | £26,050 to £36,790 | Complicated or multiple fractures or crushing usually to one limb. |
| Moderate back injuries (ii) | £11,730 to £26,050 | Ligament and muscle disturbance resulting in backache. Also includes soft tissue injuries that accelerate and/or exacerbate a pre-existing back condition. |
| Minor back injuries (ii) | £2,300 to £7,410 | Non-surgical full recovery between three months and two years. Also, injuries that accelerate and/or exacerbate a pre-existing back condition. |
| Less severe wrist injuries (c) | £11,820 to £22,990 | Some permanent disability with less severe injuries. |
| Hernia (a) | £13,970 to £22,680 | Continuous pain and physical limitations even after repair. |
| Moderate shoulder injuries | £7,410 to £11,980 | Movement limitations and discomfort with symptoms lasting about two years. Also includes soft tissue injuries with non-permanent symptoms lasting beyond two years. |
| Traumatic injury to the digestive system (iii) | £6,190 to £11,820 | Lacerations or penetrating wounds. |
Special Damages
You might have additional costs you would not have if weren’t for your injury. These costs could be reimbursed under the special damages head of a warehouse accident claim.
Additional costs you could claim special damages for include:
- Medical aids: If you rent or purchase any medical devices to cope or function after your injury you could claim costs back.
- Therapy: Therapy costs could be included under special damages.
- Loss of earnings: Even if you receive statutory sick pay (SSP) or are part of a company sickness pay scheme, you could claim for your loss of earnings if you were off work without full pay after being injured.
- Travel: If you would normally drive to work but now need to take a taxi due to your injuries, you could claim the fares back. You could also claim mileage, bus fares and taxi fares to attend medical appointments.
In order to claim under this head, however, you must supply evidence of your additional costs. Evidence could include receipts to show the amount you have spent or payslips to show that you’ve lost earnings.
Our advisors could provide you with an estimate based on your injuries. They can also talk you through special damages and what evidence you could save to claim under this head.
Can I Appoint No Win No Fee Lawyers For My Case?
If you decide to file a warehouse accident claim, you might benefit from the help of a No Win No Fee solicitor. Using a lawyer could make the injury at work claims process seem easier. Funding their work with a Conditional Fee Agreement (a kind of No Win No Fee agreement) could help reduce the amount you need to pay them.
There are no upfront solicitor fees with a No Win No Fee agreement. A legally capped success fee will be deducted if your claim is successful. This will be taken from your award. If your claim does not succeed, you will not have to pay any fees to your solicitor for the work that they have done.
Make A Warehouse Accident Claim
If employer negligence resulted in you suffering an injury while at work, you might be able to claim compensation. Our advisors are available to provide free legal advice.
They could talk you through the claims process and what evidence you will need to provide; eligible claims could be passed onto our panel of personal injury lawyers.
To talk about your potential claim:
- Contact us with the online form
- Use the live chat feature below
- Click on the banner
More Information About Warehouse Accident Claims
If you’re interested in making a warehouse accident claim, we have provided some links you might find useful:
- A government guide to Statutory Sick Pay (SSP)
- A government guide to requesting CCTV footage of yourself
- The NHS first aid guide
And some more guides:
- Will I Get Paid For An Accident At Work?
- What Is The Accident at Work Claims Time Limit?
- Calculating How Much Compensation You Could Receive For An Accident At Work
Writer Danielle Beasley
Publisher Fern Stein