This helpful guide will explore when you could be eligible to make a personal injury claim for a warehouse accident at work and the process of doing so.
Warehouse accident claims guide
Employers owe their employees a duty of care as outlined in legislation called the Health and Safety at Work etc .Act 1974 (HASAWA). As part of their duty of care they must take all steps considered reasonable and practicable to prevent employees from sustaining an injury in the workplace. We will explore the steps they can take in more detail throughout our guide as well as how an accident could occur in a warehouse if this duty is not adhered to.
Additionally, we will discuss the steps you could take as part of the personal injury claims process, including gathering evidence and seeking legal advice.
Furthermore, we will explore the compensation you could be awarded following a successful claim and how it can be calculated.
If you require any other information about making a workplace accident claim, get in touch with an advisor. They can answer any questions you have and provide more information on the claims process.
- Call on 0113 460 1216
- Find out about making a claim via our form
- Chat with an advisor via the live chat function below
Jump To A Section
- When Are You Eligible To Claim For A Warehouse Accident At Work?
- How Could A Warehouse Accident Happen?
- Potential Compensation From A Workplace Accident
- How To Make A Work Injury Claim
- Why Use Our Panel Of Solicitors To Claim On A No Win No Fee Basis?
- Learn More About Making A Warehouse Accident Claim
When Are You Eligible To Claim For A Warehouse Accident At Work?
There are three main points to establish in order to claim for a warehouse accident. These include:
- Proving that your employer owed you a duty of care at the time and place of the accident
- They breached the duty of care they owed
- You experienced psychological harm or financial loss as a result of the breach.
These three points amount to negligence for which you could be eligible to seek accident at work compensation.
As mentioned, employers must take steps to prevent you from experiencing harm at work. This is the duty of care they owe. Section 2 of the HASAWA outlines some of the steps they could take, including:
- Carrying out risk assessments and addressing any hazards found
- Adequately training staff in health and safety and to do their jobs safely
- Providing necessary personal protective equipment (PPE), such as a hard hat
- Ensuring any equipment is safe to use for it’s intended purpose
If your employer has failed to uphold their duty of care, it could mean you sustain harm in an accident at work.
Is There A Time Limit To Make An Accident At Work Claim?
There is a three-year time limit for starting a personal injury claim as set out in the Limitation Act 1980. This period can typically start from:
- The date of the accident
- The date that you are able to connect the injuries you sustained to a breach of duty.
There are exceptions to these time limits. To learn more about the exceptions and when you could be eligible to make a work injury claim, get in touch on the number above.
How Could A Warehouse Accident Happen?
A warehouse accident could occur in several ways. For example:
- Obstructed walkways: An employee could slip, trip or fall on boxes that haven’t been stacked away properly. As a result, they could sustain a severe head injury and neck injury.
- Faulty machinery: An employer could fail to regularly maintain machinery used to move heavy stock around a warehouse. As a result, an employee uses faulty equipment causing them serious injuries such as a traumatic hand amputation.
- Inadequate training: An employer could fail to provide an employee adequate training to operate a forklift truck. As a result, an employee loses control when operating the machinery causing them harm and another employee to be struck by a moving object at work.
Not all workplace accidents will form the basis of a valid claim. In order to seek accident at work compensation, you must be able to prove that negligence occurred.
Potential Compensation From A Workplace Accident
After making a successful warehouse accident claim, you could be awarded a settlement consisting of general damages and special damages. General damages seek to compensate for the pain and suffering caused by your physical or psychological injuries.
A document called the Judicial College Guidelines can be referred to by a personal injury solicitor as a way of assessing the value of general damages. It contains guideline compensation brackets that correspond to different types of injuries.
We have included some of these figures in the table below. However, you should only use them as a guide because they are not reflective of what you will receive.
| Injury | Severity | Guideline Compensation Amounts | Notes |
|---|---|---|---|
| Head | (b) Moderately Severe | £219,070 to £282,010 | Cases of very serious disability with substantial dependence on others and the need for constant professional care. |
| Hand | (c) Total or Effective Loss of One Hand | £96,160 to £109,650 | Crush injuries which then require surgical amputation are included in this bracket. |
| Knee | (a) Severe (i) | £69,730 to £96,210 | A serious injury to the knee causing several issues such as joint disruption, lengthy treatment and damaged ligaments. |
| Neck | (a) Severe (ii) | £65,740 to £130,930 | Injuries that typically involve serious fractures or cervical spine disc damage. |
| Ankle | (a) Very Severe | £50,060 to £69,700 | Cases of a transmalleolar fracture of the ankle involving soft-tissue damage. |
| Pelvis | (a) Severe (iii) | £39,170 to £52,500 | This bracket includes the fracture of an arthritic femur or hip requiring a hip replacement. |
| Back | (b) Moderate (i) | £27,760 to £38,780 | Compression or crush fracture of the lumbar vertebrae leaving a substantial risk of constant pain, discomfort and osteoarthritis. |
| Wrist | (c) Less Severe | £12,590 to £24,500 | Injuries that cause a permanent disability such as persisting pain and stiffness. |
| Elbow | (c) Moderate or Minor Injury | Up to £12,590 | This bracket consists of fractures that are simple in nature, tennis elbow syndrome and lacerations. |
| Shoulder | (c) Moderate | £7,890 to £12,770 | Soft tissue injuries causing symptoms that are more than minimal and persist for more than two years. |
Special Damages In A Warehouse Accident Claim
You might also receive special damages as part of your overall workplace accident settlement. This is the head of claim that compensates for the financial losses caused by your injuries. Examples of the losses you could claim back include:
- Domestic care costs
- Travel expenses
- Medical costs
- The cost of adaptations to your home or vehicle
- Loss of earnings
You should provide evidence of these losses including payslips, invoices and receipts.
For more information on the compensation you could be awarded following a successful warehouse accident claim, get in touch on the number above.
How To Make A Work Injury Claim
When starting a personal injury claim for injuries you sustained in a warehouse accident, gathering evidence can be a useful way of demonstrating negligence occurred. Examples of the evidence you could gather include:
- CCTV footage
- Photos of the accident site and injuries
- Witness contact details
- Copies of medical records
Additionally, you could also seek legal advice from one of our advisors. They can assess whether you’re eligible to make a claim and could connect you with a solicitor from our panel who could represent your claim on a No Win No Fee basis. They can help you gather evidence and guide you through the different stages of the claims process.
For more information on the steps you can take to make a workplace injury claim, get in touch using the number above.
Why Use Our Panel Of Solicitors To Claim On A No Win No Fee Basis?
The solicitors from our panel work on a No Win No Fee basis. This means they can offer their services under a Conditional Fee Agreement (CFA). This typically means:
- You don’t need to pay upfront fees for their services
- There are no ongoing costs for their services
- No payment will be required for the work your solicitor has completed on your claim if the it fails
Following the completion of a successful claim, you will pay a success fee from your compensation. This is subject to a legal cap.
To learn more about the services the solicitor’s from our panel could offer on this basis and whether you could be eligible to have them work on your case, get in touch with an advisor. They can also provide further information on eligibility requirements and the compensation you could be awarded following a successful warehouse accident claim.
You can get in touch by:
- Calling on 0113 460 1216
- Finding out about making a claim via our form
- Chatting with an advisor via the live chat function below
Learn More About Making A Warehouse Accident Claim
Below, you can find more of our guides on workplace accident claims:
- Building site accident compensation claims
- Claiming compensation for a hand injury
- How to report an accident at work
Additionally, you can find more external resources below:
- Health and Safety Executive – Health and safety guidance for the warehouse and storaging industry
- NHS – First Aid
- GOV- Statutory Sick Pay
Thank you for reading this guide on warehouse accident claims. If you have any other questions, get in touch using the number provided above.
Writer Jeff Wallow
Editor Meg McConnell