Last Updated 20th May 2024. If you have been injured while working in a warehouse, you may be wondering whether you could make a warehouse accident injury claim. Within this guide, we will discuss the duty of care all warehouse workers are owed by their employer and the eligibility criteria that need to be met in order to be able to make a personal injury compensation claim.
Additionally, we will provide some examples of how different types of warehouse accidents could occur. This guide will also set out the time limits that must be adhered to when making a warehouse accident claim. We will also share the importance of gathering evidence to support your claim, as well as providing some examples of potential evidence that could help support your case.
Furthermore, this guide will share how compensation is calculated and valued for a successful personal injury claim. We will discuss how one of the No Win No Fee personal injury solicitors on our panel could help you with making a warehouse injury compensation claim.
To discuss your case today, and receive free advice, you can contact one of our friendly advisors. They are available 24 hours a day and can help answer questions you may have about making an accident at work claim. To contact them today, you can:
- Call 020 8050 2736
- Contact us online for a callback.
- Use the live chat pop-up.
Browse Our Guide
- Could You Make A Warehouse Accident Injury Claim?
- How Could Negligence Cause A Warehouse Accident?
- What Evidence Could Help You Make A Warehouse Accident Injury Claim?
- Potential Compensation You Could Receive For A Warehouse Accident Claim
- How Could A No Win No Fee Solicitor Help You Make A Warehouse Accident Claim?
- Learn More About How To Claim Compensation For A Warehouse Accident
Could You Make A Warehouse Accident Injury Claim?
All warehouse workers are owed a duty of care by their employer. This is set out under the Health and Safety at Work etc. Act 1974, which states that all employers owe their employees a duty of care to take reasonable and practicable steps to ensure the safety of their employees while they are working and in the workplace.
Some examples of how your employer could maintain their duty of care include:
- Providing adequate personal protective equipment (PPE) when required.
- Ensuring all staff have received sufficient training to complete their tasks.
- Performing regular maintenance checks and risk assessments.
To be able to make a warehouse accident injury claim, the following eligibility criteria will need to be met:
- You must have been owed a duty of care by your employer.
- Your employer must have breached their duty of care.
- Due to your employer failing to adhere to their duty of care, you suffered injuries.
To see whether you may have a valid warehouse accident compensation claim, you can contact one of our friendly advisors today.
How Could Negligence Cause A Warehouse Accident?
There are various ways that warehouse accidents could occur. Some examples could include:
- Your employer fails to provide you with appropriate manual handling training. Due to poor lifting technique, you suffer a back injury, such as a strain.
- A forklift accident. For example, your employer failed to regularly maintain a forklift at your warehouse job. While using it, the forklift malfunctions, and you crash into a wall. This causes you to suffer multiple injuries, such as a broken arm, fractured foot and neck injury.
- Your employer fails to ensure that there is adequate lighting within the stairwells of the warehouse you work in. Due to this, you are unable to see where you are walking and fall down the stairs. This causes you to suffer a head injury and a sprained ankle.
These are only a few examples of how warehouse accidents could occur. You must remember that in order to have a valid warehouse accident claim, you must be able to demonstrate that your injuries were the direct result of your employer failing to adhere to their duty of care.
To check whether you may have a valid warehouse accident injury claim, you can contact one of our advisors.
The Time Limit To Claiming Compensation For An Accident At Work
The standard time limit for starting a personal injury claim is three years, running from the date of the accident. This is set out by the Limitation Act 1980.
However, certain exceptions can be implemented for this limitation period. For example, if the person lacks the mental capacity to start a claim for themself, the time limit will be permanently frozen. During this time, a litigation friend could begin the claiming process on their behalf. If the injured person were to regain the mental capability to start their own claim, they will have three years to do so from the date of recovery, provided that one hasn’t already been started on their behalf.
Other exceptions also apply to those injured under the age of 18.
To learn what those exceptions are, or to ask any additional questions regarding the time limits for starting a warehouse accident injury claim, you can contact a member of our advisory team.
What Evidence Could Help You Make A Warehouse Accident Injury Claim?
Gathering evidence to support your case is an important step of the warehouse injury claims process. Evidence can help with proving how your employer breached their duty of care by failing to adhere to relevant health and safety procedures and how this resulted in your injuries.
Some examples of the evidence you could gather to support your warehouse accident injury claim include:
- CCTV footage of the accident.
- A copy of your medical records highlighting the warehouse injuries you suffered and the medical treatment you have required for it.
- Photographs of any visible injuries and accident scene.
- The details of any eyewitness to your accident. They may be able to provide a statement at a later date about the accident.
One of the personal injury solicitors on our panel could assist you with gathering more specific evidence to help support your warehouse injury claim. To see if you could be eligible to work with one of them today, contact one of our advisors.
Potential Compensation You Could Receive For A Warehouse Accident Claim
Following a successful warehouse accident injury claim, your compensation payout could consist of two heads of claim.
The first head of claim is known as general damages and is awarded to all successful claimants. It compensated you for the physical pain and mental suffering caused by your injuries. This includes both psychological and physical injuries.
Those responsible for valuing this head of warehouse accident claims may refer to a document called the Judicial College Guidelines (JCG) for help. This lists various injuries at differing severities alongside guideline compensation brackets.
For the table below, we have used some of these compensation guidelines. Please note that they should only be used for guidance. How much compensation you could
For the table below, we have used some of these compensation guidelines. Please note that they should only be used for guidance. How much compensation you could receive will depend on the various factors affecting your case. Additionally, it should be noted that the top entry of this table has not been taken from the JCG.
Compensation Guidelines
Injury | Value | Severity and notes |
---|---|---|
Multiple Severe/Serious Injuries With Financial Expenses | Up to £200,000+ | Compensation for multiple serious injuries and their financial expenses such as a loss of earnings, travel expenses and prescription fees. |
Hip and pelvis injuries - Severe (i) | £95,680 to £159,770 | Extensive pelvis fractures with the lower back joint dislocated and the bladder ruptured. |
Neck injuries - Severe (ii) | £80,240 to £159,770 | Severe neck injuries such as serious damage of fractures to the cervical spine discs. |
Hand injuries - Total effective loss of one hand | £117,360 to £133,810 | One hand that has been crushed and therefore surgically amputated. The higher end of the bracket is applicable where the dominant hand was damaged. |
Back injuries - Severe (iii) | £47,320 to £85,100 | Back injuries such as cases of disc fractures or lesions that cause disabilities such as continuing severe discomfort and pain, despite treatment. |
Arm injuries - Less Severe | £23,430 to £47,810 | The person will have suffered with significant disabilities due to the arm injury, but a significant amount of recovery will have been made or is expected to. |
Leg injuries - Less Severe (i) | £21,920 to £33,880 | Serious soft tissue injuries or fractures within the leg that have made a reasonable recovery the person is left with a limp or defective gait. |
Ankle injuries - Moderate | £16,770 to £32,450 | Ligamentous tears in the ankle or fractures that give rise to less serious disabilities such as difficulty standing or walking on ground that is uneven. |
Wrist injuries (d) | £7,420 to £12,630 | Save for minor symptoms, a soft tissue injury or fracture in the wrist that takes just over 12 months to fully recover. |
Claiming Special Damages In A Warehouse Accident Claims
The second head of claim is known as special damages. Special damages account for any financial losses relating to the injury you suffered at work. Some examples of the financial costs you could potentially claim for under this heading include:
- Medical expenses such as prescription fees. A receipt for your prescription could be used as evidence.
- Loss of income. This can include both past and future earnings if you required time off work to recover. A copy of your payslips could help with proving these lost earnings.
- Care costs, if you required a carer to help you with daily activities, such as cleaning, due to your injuries. An invoice for their services could be used as evidence when claiming for this financial loss.
To receive a free valuation of your warehouse accident injury claim, you can contact a member of our advisory team today.
How Could A No Win No Fee Solicitor Help You Make A Warehouse Accident Claim?
While you aren’t obligated to work with a solicitor when you make a warehouse accident claim, it can be extremely beneficial to seek legal help. For example, when you work with a solicitor, they could help you by:
- Negotiating a compensation settlement
- Gathering evidence
- Arranging an independent medical assessment
- Explaining legal jargon and different steps of the claim
One benefit of working with a solicitor from our panel is that they work on a No Win No Fee basis. Before they start work on your claim, they’ll ask you to sign a Conditional Fee Agreement (CFA).
A CFA is a kind of No Win No Fee arrangement. Under an agreement like this, you don’t need to pay anything upfront for your solicitor’s services. You also don’t need to pay for their work if the claim fails. If it succeeds, then they’ll take a small success fee from your compensation.
Our panel of No Win No Fee solicitors has years of experience in warehouse accident claims, and are experts in accident at work law.
Contact Us
If you still aren’t sure whether you could claim, our team is here to help. When you get in touch, they can evaluate your claim for free, and tell you whether or not it could be valid. Then, they may connect you with an expert No Win No Fee solicitor from our panel.
To get started:
- Call us on 020 8050 2736
- Contact us online
- Use the live chat feature
Learn More About How To Claim Compensation For A Warehouse Accident
Additional guides by us regarding accident at work claims:
- Advice on how to find personal injury solicitors near you and how they can help you with your case.
- Information regarding the average compensation for a trip at work and when you may have a valid claim.
- A cast study that resulted in a £750,000 compensation payout following an accident on a construction site.
Further information and resources can be found here:
- The Health and Safety Executive (HSE) provides health and safety statistics regarding workplace accidents in Great Britain.
- Gov.UK provide an overview on statutory sick pay (SSP) and when you may be eligible to receive it.
- NHS guidance on when you should administer first aid if someone is injured.
If you have any further questions regarding how to make a warehouse accident injury claim, you can contact one of our advisors today.