Warehouse Accident Claims – A Guide to Claiming Compensation

If you work in a warehouse, you are probably aware of many of the potential dangers that lie in wait. Legally, however, your employer will have an obligation to try and keep you safe and to prevent you from being injured. If they don’t, you could be entitled to claim compensation. Therefore, in this article, we’ve answered some common questions on warehouse accident claims to help you understand your options.

In addition to any advice we offer here, we also provide a no-obligation consultation where we give free legal advice about work-related compensation claims. What’s more, if your claim appears to be strong enough, we could refer you to one of our personal injury solicitors. If that happens, and you decide to proceed with a claim, you’ll be represented on a No Win, No Fee basis.

If you’ve been injured in a warehouse and would like to find out whether you should be compensated, you can:

• Call free on 0333 241 2519 to speak with a specialist.
• Use our free live chat service when it’s most convenient for you.

Getting legal advice as soon as possible after an accident in a warehouse can significantly enhance the chances of receiving compensation for your pain, suffering, and financial losses you’ve incurred due to the warehouse accident.

What Are the Eligibility Criteria for Warehouse Accident Claims?

While working in a warehouse, your employer has legal obligations to try and protect your well-being. This is described in the Health and Safety at Work etc. Act 1974.

In general, this means that warehouse operators must:

• Carry our regular risk assessments and inspections to try and identify any potential dangers.
• Provide regular health and safety training to all staff.
• Ensure any workplace equipment or machinery is safe, fit for purpose and in a good state of repair.
• Provide free Personal Protective Equipment (PPE) if there is no other way to reduce the risk of injury.
• Ensure the company’s health and safety policy is available for staff to read.

A personal injury claim might be possible following an accident in a warehouse if:

• You were owed a legal duty of care by your employer.
• An accident occurred and was caused by your employer’s negligence.
• You suffered an injury or were made ill as a consequence of the accident.

If you suspect that you are entitled to claim warehouse accident compensation, call our team today.

What Types of Warehouse Accident Claims Can We Help With?

Some examples of warehouse injuries that could be linked to employer negligence that we can help claim compensation for:

• A worker suffered multiple bone fractures after being trapped against a wall by a forklift truck that was being driven by an untrained operator.
• Due to a lack of a safety harness, a warehouse employee fell from a scissor lift and sustained a severe brain injury.
• Shelving that was known to be damaged by warehouse managers gave way and led to a warehouse worker being trapped. They suffered a broken pelvis and serious psychological suffering as a result.
• A member of the warehouse cleaning team was burned by chemicals because he had not been trained on how to prepare them safely.

Whatever type of accident you’ve been involved in, we’re here to help so please call our team if you’d like to discuss your warehouse accident claim today.

What Should I Do If I Have an Accident in a Warehouse?

As part of your own duty towards health and safety in a warehouse, there are some steps you should take following an accident. They include:

• Reporting the accident to your supervisor.
• Ensuring the accident is logged in the accident report book.
• Seeking medical treatment for your injuries.

These steps are important to a) make sure you’re treated for any injuries and b) allow your employer to learn from what happened to try and prevent similar accidents in the future.

How Can Evidence Make Warehouse Accident Claims Stronger?

Even if you believe your employer will pay your compensation claim, it’s important to present as much evidence as possible. This is in case your employer’s insurer tries to deny liability for the accident or reduce the amount of compensation they’re willing to pay.

Therefore, if you are injured in a warehouse, the following evidence could all improve your chances of being fairly compensated:

• Accident Report: A copy of the warehouse accident report filed at the time of the incident, detailing the circumstances and immediate aftermath.
• Witness Statements: Testimonies from fellow employees or other witnesses who were present at the time of the accident.
• CCTV Footage: Video recordings from surveillance cameras at the warehouse, if available, capturing the incident.
• Medical Records: Your medical records detailing the injuries you sustained and the treatments you received.
• Photographic Evidence: Photos of the accident scene, including any hazards or conditions that contributed to the incident.
• Safety Records: Records of safety inspections, risk assessments, and maintenance logs for any equipment involved in the warehouse accident.
• Employment Records: Details of your job description, training records, and any previous reports of similar incidents.
• Correspondence: Any communication between you and your employer regarding the accident or conditions leading up to it.
• Financial Records: Proof of lost wages and other financial losses incurred as a result of the accident.

In some cases, the Health and Safety Executive (HSE) will be informed about warehouse accidents. If that happens, your solicitor could use a copy of the investigation report to help strengthen your case further.

We are happy to review any evidence you’ve managed to secure already so please feel free to call for a free initial consultation.

What Time Limits Apply to Warehouse Accident Claims?

If you decide to claim compensation for a warehouse accident, you will need to begin the claims process within the allowable time limits. According to the Limitation Act 1980, this is typically 3 years from the date of the accident.

If you wish to claim on behalf of a loved one who lacks the mental capacity to claim for their injuries, there is no time limit until they regain the capacity so you can essentially begin at any time.

To verify how long you have left to claim compensation for an accident in a warehouse, please reach out to our team.

How Much Warehouse Accident Compensation Can I Claim?

Warehouse accident compensation is calculated on a case-by-case basis and is typically based on:

• General damages – for pain, suffering and loss of amenity.
• Special damages – for costs linked to your injuries.

General damages are awarded for any physical or psychological suffering that can be linked to your warehouse accident. This might be proven by copies of your medical records or an independent medical assessment.

To help put a value on your injuries, your solicitor might refer to the Judicial College Guidelines (JCG). This document contains a list of different injuries with guideline settlement brackets.

Some examples of potential payout include:

• Less severe leg injuries, including uncomplicated fractures or soft tissue damage leading to partial recovery, can lead to compensation of up to £27,760.
• Moderate nose injuries, such as displaced fractures not requiring surgery, may result in compensation between £2,520 and £3,150.
• Moderate shoulder injuries causing prolonged neck tissue damage and restricting arm and elbow movement may lead to compensation between £7,890 and £12,770.
• Minor toe injuries, including straightforward fractures with expected full recovery, can lead to compensation of up to £5,590.
• Extremely severe elbow injuries resulting in total movement restriction, disability, or necessitating surgery can lead to compensation between £39,170 and £54,830.
• Moderate back injuries, covering a range of issues from lumbar vertebrae compression to constant pain and discomfort, may result in compensation between £12,510 and £38,780.

Please note that settlements can vary and might be lower than the amounts listed.

Any special damages that form part of a warehouse compensation claim cover financial losses caused by your injuries. For example, you could receive damages to cover:

• Medical treatment costs (including physiotherapy for example).
• Travel costs.
• Home modifications to install devices or aids to help you cope with any long-term disabilities.
• Care costs (including the time spent by a loved one supporting you).
• Loss of earnings (future and current).

We are happy to help value your warehouse injury claim during a free consultation.

Can I Claim for Psychological Injuries Following a Warehouse Accident?

If you have been diagnosed with psychological suffering that can be linked to your accident in a warehouse, this could be reflected in your compensation.

Firstly, your payout could cover suffering caused by the trauma of the accident. This could include flashbacks, nightmares or Post-Traumatic Stress Disorder (PTSD). Additionally, you could be compensated for any mental suffering caused by your injuries e.g. depression related to the fact that your injuries prevent you from enjoying life as you did before the accident.

Can I Claim Compensation if I’m an Agency Worker?

Many warehouse staff are employed by agencies to meet demand rather than being employed directly. This does not stop them from making an industrial accident claim against the warehouse operator though.

Whether you’re employed on a temporary, temp-to-perm or zero-hours basis, if you’ve been injured in an accident caused by the warehouse operator’s negligence, we could help you to begin a claim.

What If My Warehouse Accident Was Caused By Faulty Equipment?

The Provision and Use of Work Equipment Regulations 1998 mean your employer must ensure the safety of any machinery or equipment you use in the warehouse.

As such, you could be entitled to warehouse accident compensation for injuries caused by faulty equipment. Here are some examples:

• If items of stock fell onto you after poorly maintained forks on a reach truck snapped.
• Where your hand was amputated after being trapped in a bundling machine after its emergency stop button failed.
• If you fell and suffered a back injury you were told to climb a ladder that was known to have a damaged rung.

If you’re unsure if you have a valid warehouse accident claim, why not speak to one of our specialist advisors today?

Do I Need To Use A Solicitor For A Warehouse Accident Claim?

There is nothing to stop you from managing a warehouse accident claim on your own. That said, having a specially trained accident-at-work solicitor on your side should make the process easier.

If you are represented by one of our solicitors, for example, they could provide the following services for you:

• Evidence collection and review.
• Filing your warehouse accident claim correctly and on time.
• Negotiation with your employer or their insurance provider.
• Sending you regular updates about the progress of your claim.
• Trying to increase the amount of compensation you’re awarded rather than accepting the first offer made.

Another benefit of working with our solicitors is that they provide a No Win, No Fee service. This means that:

• There aren’t any upfront payments needed for your solicitor’s work.
• While the claim is progressing, or if it fails, you don’t need to pay for your solicitor’s services.
• You’ll have a success fee deducted from your warehouse accident compensation if the claim is won.

Your solicitor will work under a Conditional Fee Agreement (CFA) to provide their No Win, No Fee service. That means that the maximum percentage they can deduct as a success fee is 25 per cent of your settlement.

To see if you could make a No Win, No Fee warehouse accident claim, please call our advice centre today.

How Long Will My Warehouse Compensation Claim Take To Settle?

Some of the factors that determine how long workplace injury claims take to process include:

• Whether your employer accepts liability for the accident at the warehouse.
• If you’ve recovered from your injuries already or if they are ongoing.
• Whether your prognosis is fully understood.

For example, if your employer accepts liability for your accident and you’ve fully recovered, the claims process could be over in less than 6 to 9 months.

Alternatively, where liability has been accepted but your prognosis is not yet understood, the claim could take longer than a year. In some cases, this scenario could result in interim payments to help you cover any immediate financial implications (loss of earnings, medical fees etc.).

Will My Claim Go to Court?

In our experience, most employers (and their insurers) prefer to settle compensation claims amicably. That’s because they are aware of the additional costs and time required when court hearings are booked.

However, if a settlement cannot be reached by both parties, a court hearing might have to be arranged. If that happens, it will be down to the court to decide a) if your employer is liable for the warehouse accident and injuries and b) how much compensation, if any you’re entitled to.

Importantly, if you lose a warehouse injury claim in court, you might be instructed to cover your employer’s legal costs. This can be expensive but most personal injury solicitors will arrange for appropriate insurance to cover such costs is in place before taking on your claim.

Contact Us About a Warehouse Accident Claim Today

If our guide has helped and you’ve decided you’d like to begin a claim with us, you can get in touch by:

• Phoning 0333 241 2519 to speak with a specialist.
• Use our free live chat service.

As mentioned earlier, if your warehouse accident claim is taken on, you’ll benefit from the No Win, No Fee service offered by our solicitors.