How Much Compensation Can I Claim For A Warehouse Injury?
By Daniel Archer. Last Updated 5th May 2022. Welcome to our guide to warehouse accident claims. In this guide, we look at types of injuries sustained in warehouse accidents and how personal injury lawyers could help those affected.
Working in a warehouse can be dangerous. As well as more common back injuries, forklift accidents, racking accidents, and even forklift accidents death can occur in such a physically demanding environment. According to statistics released by the Health and Safety Executive, 142 workers were the victims of fatal accidents in the workplace in 2020/21. Of these deaths, 35 fell from a height, 25 were hit by a moving vehicle, and 17 were struck by a moving object. All of these accidents can happen in most warehouses, so the prevalence of warehouse injuries should not be a surprise.
The injuries that employees sustain following warehouse accidents can range from minor to severe. Because of this, many warehouse accidents have resulted in compensation claims being filed. In order for these claims to succeed, it is essential that the claimant is able to prove that the warehouse operator acted in a negligent fashion. If this is the case – if the operator has ignored health and safety guidelines, for example – an injured party may have the right to claim compensation.
Select a section:
- A Guide to Warehouse Accident Claims.
- What is a Warehouse Accident?
- Warehouse Accidents Caused by Forklift Trucks.
- Slip Trip and Fall Injuries Caused by Warehouse Accidents.
- Other Common Warehouse Accidents.
- Claiming for a Warehouse Accident at Work.
- Claiming for a Back Injury in a Public Place.
- Assessing the Severity of a Warehouse Injury.
- The Long-Term Effects of a Warehouse Injury.
- Warehouse Accidents Facts and Statistics.
- What to Do if You Have Suffered an Injury Caused by a Warehouse Accident.
- What Can Be Claimed For After a Warehouse Accident Causing an Injury?
- No Win No Fee Warehouse Accident Claims.
- How Much Can I Claim For an Injury Caused by a Warehouse Accident?
- How to Start Warehouse Accident Claims.
- Why Choose Us As Your Claims Service For an Injury Caused in a Warehouse Accident.
- Call For Free Advice and to Start a Claim.
- Helpful Links
- Warehouse Accident Claims FAQs
This guide on claiming for a warehouse accident is designed to provide you with an introduction to the compensation claims process. If you have been involved in a warehouse accident (or you know someone who has), this information can provide an indication of what you need to do next. In this guide, you will learn of some of the most common injuries that warehouse workers sustain, we will examine a range of statistics regarding warehouse injuries, and we will discuss the way in which an employer might be considered negligent.
Read on to learn more about the potential ways you could end up injured in a warehouse. We’ll also look at how warehouse injuries are assessed and what potential long-term effects they could bring.
This guide will also inform you of the steps you should take when you want to file a claim. If you have any doubts about the claims process or wish to find out more information, the final section in this guide can provide you with a contact number for our offices. We’re always ready to discuss your potential claim at any time.
Before looking at how to make an accident at a warehouse claim, we need to examine warehouse accidents. Warehouse accidents are accidents that occur inside (or on the immediate premises of) a warehouse. Often, these accidents can lead to serious injury. Accidents inside a warehouse can happen for many reasons and can include forklift accidents, falling shelves or stock, trips and falls, racking accidents, being struck by a moving vehicle, or even a health issue caused by improper lifting training being given to employees.
As we will discuss in a later section, these accidents can often occur due to the negligence of either the warehouse operator or another party. If this is the case, it may be possible to claim compensation for any injuries and pain you have endured. The UK Government has published a guide to health and safety in a warehouse, which gives additional information.
Accidents involving forklift trucks and similar machinery are not as common as trip and fall accidents. Forklift truck accidents do happen, however, and they can be serious. If you have suffered a serious warehouse accident forklift training could be one of the major causes. If we examine some common causes of these incidents, we can see a theme. These causes include:
- Poorly trained drivers – the person operating a forklift might have inadequate training, potentially leading to another worker sustaining an injury.
- Speeding – these machines often operate in areas with speed restrictions. These can vary from warehouse to warehouse but are intended to stop the machines from losing control. If a forklift is speeding, an accident may occur.
- Operating a forklift with elevated load – during key moments of operation, it is recommended that operators keep the load of the forklift as low as possible. This is better for balance and drastically reduces the threat of an accident.
- Multiple operators – most machines are designed for a single operator. If the number of people using or riding on a forklift machine exceeds the manufacturer’s recommendation or the health and safety guidelines, an accident might occur.
- The environment – warehouse crash barriers are one way in which to protect people from accidents involving heavy machines. Failure to fit these may be the fault of the warehouse operator.
In all of the above instances, it might be decided that the warehouse operator acted in a negligent manner. Another example could be if a forklift in a warehouse collapses, death could ocurr. If a loved one has been killed in a forklift accident, you could potentially claim.
If this is the case – and you have been injured as the result of an accident involving a forklift truck – you may be eligible for a compensation claim. Contact us for more information on warehouse accident claims.
One of the most common types of accidents to occur in a warehouse is a trip, a slip, or a fall. The aftereffects of these incidents can range from minor bumps and bruises to incredibly severe health issues, depending on the nature of the accident. Warehouses come in all shapes and sizes but many of the most common causes of slips and trips are shared across almost every different warehouse. These can include (but are not limited to):
- Spilt liquid or sawdust on the floor.
- Boxes or items placed in a pathway.
- Electrical cords under carpet or on the floor.
- Poor lighting.
All of the above issues can hinder a person and lead to an accident. A spilt liquid, for example, can be a potential hazard. Health and safety regulations often exist in order to protect against such issues. They might, for example, recommend that a warning sign is placed near a wet floor to warn passers-by. If this action is not taken, then the accident victim may have a legitimate claim for compensation.
Warehouses can be sprawling, difficult to navigate environments. As well as accidents involving forklifts and falls, there are many ways in which an employee or a visitor might hurt themselves. Other types of warehouse accidents include:
- Back Injuries – suffering from a warehouse back injury is not uncommon. Those who work in warehouses often have to do a lot of repetitive heavy lifting. If correct lifting technique is not taught through training, this can take its toll on the back and cause serious injury.
- Objects falling – boxes might be stacked high on shelves. If these fall down – and if they fall onto a person – falling objects are capable of causing a great deal of harm.
- Exposure to harmful substances – chemicals can be stored in warehouses or used to clean and maintain the building. Exposure to such chemicals – especially without the right protective clothing or training – can be very harmful.
- Warehouse racking accident – racks and shelves can cause many types of accidents. They can fall apart, break, collapse, or even provide a sharp edge on which a person could cut themselves. The process of loading or racking these areas can lead to serious injury when training is not provided.
Being aware of the health and safety regulations which pertain to any warehouse can help you stay free from harm. If you believe that these guidelines have not been followed and you have sustained an injury as a result, you may wish to file a compensation claim. Learn more about warehouse accident claims by contacting us.
Warehouse accident claims could be made against employers. If you have sustained an injury as the result of a warehouse accident, you may be required to fill out a warehouse accident report form. This form will serve to document the injury you have sustained along with the time and the cause of the accident. If you wish to follow this with a legal claim for compensation, being able to demonstrate that your employer has acted in a negligent fashion may prove vital. You will need to show that they breached their duty of care towards you. For example, if you have fallen from a height while performing your work, the negligence may take the form of a lack of warning signs posted in the area or a lack of safety rails that may have prevented the fall. They may also have failed to carry out the correct risk assessment for employees working at heights. If these were deemed necessary by the Health and Safety Executive (as per their regulations) and were not provided, you may have a work-related compensation claim.
The Work at Height Regulations 2005 is designed to protect employees from falls in the workplace. These regulations require that the employer (in this case, the warehouse operator) must ensure that all work has been planned properly, is correctly supervised, and is then carried out by competent people. In doing so, the employees must be provided with the equipment necessary for working at height. Many of these tasks might be low risk (and thus in need of less planning effort) but employers should still be aware of the regulations applied to any work at height.
With many other workplace incidents, the employer will have a responsibility to provide a safe working environment for employees. If they have not done so, employees could make warehouse accident claims. In terms of a warehouse, there are many health and safety regulations they must follow. If you wish to find out more about your own case, then discussing the matter with a legal professional can be very helpful.
The Occupiers Liability Act of 1957 requires that any person who occupies premises is held responsible for the safety of their visitors. The occupier’s duty is to maintain the welfare of their guests, including those who have not been invited or those who are not authorised.
For example, if a carrier service worker comes to the warehouse to deliver a document and, upon his arrival, he sustains an injury in the warehouse, the employer may be held responsible for the carrier service worker’s injury. If it can be demonstrated that the accident occurred as the result of a failure to adhere to the Occupiers Liability Act, the warehouse operator may have to pay compensation to the carrier service worker.
Claiming for compensation following a warehouse injury in which the issue of it being a public place is relevant can be tough. For further clarification, you may wish to seek legal assistance.
When assessing the severity of the injury you have sustained it is vital that a medical professional performs a medical examination. The medical examination will help to determine how severe the injury is. The medical exam will also determine how long it will take for you to recover from your injury.
If you have not seen a doctor, we can arrange for a medical exam at a local medical facility. This may be organised as part of the accident claim process.
Warehouse accident claims often focus on injuries to the back, arms, and legs. Injury to these body parts can result in a difficult recovery and – potentially – a future vulnerability to other
injuries, weaknesses, or health concerns. Aside from the immediate pain and suffering which can be caused by a warehouse accident, there is often the issue of long-term effects. Such effects can often be hidden at the time of the incident and may only manifest in later life. In situations such as this, claiming for compensation at a later date can be very difficult.
It is important to fully document the medical effects and implications of your accident. Following an injury, you may have been taken to an emergency room. If this is the case, they may have provided an immediate fix for your problem but may not have fully diagnosed the extent of your injury. It is important to fully document these issues.
When we work with potential claimants, one of the first courses of action we take is arranging a doctor’s appointment with a local medical advisor. In this appointment, you will not only have a health check-up, but the doctor will be able to provide an informed, expert opinion as to the potential long-term effects of your injury. These notes and reports can then be used as part of the claim.
In addition to physical issues, it is also important to note any psychological or emotional effects of an injury. If you discuss these matters with a doctor and a solicitor, they can form part of your compensation claim.
Though there are no statistics relating to warehouse injuries specifically, as warehouses can cross over a multitude of industries, we can look at manufacturing accidents, as this industry is likely to involve warehouses.
According to provisional 2020/21 statistics from the Health and Safety Executive, employers reported 8,713 non-fatal accidents under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). 6,512 of these injuries required over 7 days of absence from the workplace.
It is important to note that not all of these manufacturing accidents may have occurred within a warehouse. However, even if you suffered harm in a warehouse outside of the manufacturing industry, you likely could still make a claim if you could prove it was the result of your employer’s negligence.
To find out more about your eligibility to claim, get in touch with our advisors at any time.
If you have sustained an injury as a result of a warehouse accident, there are several steps that you should take in order to prove that the warehouse operator was at fault. Once you have sought medical attention, we advise that you:
- Collect evidence – if possible you should take photographs of the area where you sustained the injury. Take photos of the item that caused your injury. In addition to photographs, witness testimonies can be very helpful.
- Complete a warehouse accident report form – many warehouses will keep a log of all accidents and an official warehouse accident report may prove useful in a legal context at a later date.
- Arrange a medical examination – as mentioned above, fully documenting all of the health issues and complications is essential. Our firm can arrange an appointment for you if required.
- Document financial losses – part of the process of claiming compensation involves claiming for all your expenses. Keeping a record of these (including receipts and other proofs) can be essential.
Following these steps in the period after your injury can help make the warehouse accident claims process much easier.
It’s important to mention that if you wish to pursue a personal injury claim for a warehouse accident, then you will likely need to start it within a certain time limit. Under the Limitation Act 1980, a claim usually has to be started within three years of the date your warehouse accident occurred.
This time limit can be frozen (at least temporarily) in certain circumstances, but usually only if the injured party is under the age of 18 or lacks the mental capacity to make their own decisions. If either of these factors applies, then the injured party won’t be able to claim on their own behalf. However, a claim could possibly be started on the injured party’s behalf by a litigation friend. When the injured party turns 18 or recovers sufficient mental capacity, they will be able to claim on their own behalf and the time limit for claiming will activate.
Top tips for proving a warehouse accident claim
There are various ways in which you could be injured in a warehouse. A forklift accident is a good example. If an employee is not properly trained in how to operate a forklift in a warehouse, then an accident could occur if they’re asked to operate it anyway. This could lead to the forklift operator, and those surrounding them, to be injured.
Due to the lack of training provided, compensation for a forklift accident of this nature could be claimed. This is because inadequate training can be an example of employer negligence.
However, in order to establish that a warehouse injury was caused by negligence, you will need to gather and present evidence. You’ll find some examples of evidence you could present below.
Witness statements – If there were others injured in the same accident, or if they saw the events unfold, you could ask for their contact details so they could later submit a written account of what they witnessed.
CCTV footage – You have a right to request footage of yourself. Video evidence can be vital in establishing negligence.
Maintenance reports – Certain equipment must be maintained to a safe and acceptable standard. Otherwise, the safety of those using it can be compromised. The inspection of this machinery is required to be recorded. During the process of your claim, the party responsible for the machinery may be asked to bring forward these records.
There are other forms of evidence too. If you make the choice to hire legal help, our experienced lawyers can help you gather the proof you need.
There are many expenses, costs, and damages which can be claimed following an injury. These include:
- General damages – for injuries, pain, and mental anguish that the victim endured.
- Special damages – for the emotional anguish and other, difficult to quantify aspects of the injury.
- Medical expenses – for any medication, equipment, or private healthcare that was required.
- Travel expenses – for any travel required for your treatment. If, for example, you have to travel outside your city to see a specialist doctor.
- Funeral expenses – in cases resulting in death, funeral expenses might form part of a settlement total.
Documenting all expenses that have arisen as the result of your injury can make it much easier to claim the costs back during the settlement process.
Often, claimants find that one of the most trying aspects of attempting to win compensation is the financial situation. A serious injury can impact your ability to work and can damage your earning potential In an effort to combat this, we are able to offer clients a No Win No Fee agreement. Also referred to as a Conditional Fee Agreement (CFA), this approach can reduce the financial risk involved in filing a claim. For those claimants who choose to work with us, handling the case in such a manner might be less stressful and can help with the recovery process.
The amount you can hope to be compensated for is highly influenced by the severity of your injury. The table below provides a rough estimation of the settlement totals you might receive following a successful claim.
There are different types of injuries that you may suffer from a warehouse accident. The compensation brackets shown for each injury listed are taken from the latest Judicial College guidelines. These brackets are based on compensation payouts that have been handed out in past cases. Any specialist solicitors involved in your claim may use these guidelines to help work out the value of the injuries you’ve suffered in your accident.
|Back Injury||Severe (i)||£85,470 to £151,070||Severe damage to the spinal cord and nerve root. There will be severe pain and disabilities of some kind, such as incomplete paralysis and impaired sexual function.|
|Back Injury||Severe (ii)||£69,600 to £82,980||Injuries sustained has caused a loss of sensation in certain parts of the body. There could also be impaired mobility, sexual difficulties and nerve root damage.|
|Back Injury||Severe (iii)||£36,390 to £65,440||Treatment is given but pain and disabilities will remain, such as severe pain, depression, and the risk of arthritis.|
|Back Injury||Moderate (i)||£26,050 to £36,390||Cold include incidents where the lumbar vertebrae have been crushed or compressed.|
|Back Injury||Moderate (ii)||£11,730 to £26,050||Injuries to the back that give rise to backaches. Could include soft tissue injuries, or ligament and muscle disturbance.|
|Back Injury||Minor (iii)||£7,410 to £11,730||The person has fully recovered from the injury with the need of surgery. The recovery time is about three months to two years.|
|Back Injury||Minor (ii)||£2,300 to £7,410||The damage that has been sustained is minimal. Full recovery is made in a few weeks to months|
|Back Injury||Minor (i)||Up to £2,300||The person has fully recovered from the injury with the need of surgery. The recovery time is about two years to five years.|
|Neck Injuries||Severe (i)||In the region of £139,210||Where the claimant has suffered an incomplete form of paraplegia.|
|Neck Injuries||Severe (ii)||£61,710 to £122,860||The person will have suffered a serious neck fracture. There also could be damage to cervical spine discs giving rise to disabilities of considerably severity.|
|Neck Injuries||Severe (iii)||£42,680 to £52,540||The person will have suffered a dislocation or fracture. There could also potentially be severe damage to soft tissues or ruptured tendons that leads to some form of disability.|
Compensation for injuries caused by your accident is considered payments for ‘general damages’. If you are eligible to receive compensation for general damages, then you may additionally receive payments for ‘special damages’. Compensation for special damages is designed to cover you for any financial losses which can be directly linked to your accident and injuries. Examples of financial losses which may potentially be covered under special damages include:
- Loss of earnings if your injuries have led you to take unpaid time off work.
- Loss of earning capacity if your injuries have forced you to work reduced hours or take on a different job that pays less than your previous one.
- Travel expenses put towards receiving medical treatment for your injuries.
- Receipts of equipment you’ve bought specifically to support you during your recovery from your injuries.
As shown in the table above, warehouse injury compensation can vary depending on the severity of the injury. If you are still uncertain about your injury and how it pertains to the final settlement total, you can reach out to one of our solicitors to discuss your claim at length.
After you have reviewed all the information and evidence, the next step is beginning your case. In order to do this, we advise that you look for a solicitor. Filing a claim can be a very stressful process; to make things less stressful, we offer a free consultation that will help you to determine the best available option to take. This session can be arranged over the phone and is offered on a no-obligation basis.
It can be very useful for those without any knowledge of the law to discover more about their claim. If you choose to start your case in this way, we can help with your case. If the injury you have sustained is causing you severe pain, we can arrange for a local medical exam to diagnose the full extent of your injury in great detail. For anyone wondering about the best way in which to start a warehouse accident claim, our contact details are provided in the last section of this guide.
There are many reasons why our clients choose to work with us. We can offer a huge range of benefits, from informed and experienced legal professionals to a free consultation session to help establish your claim. We provide an ethical, friendly, and helpful Claims Service to people who have suffered an injury as the result of a warehouse accident.
Whether you need to ensure you receive the maximum amount of compensation following a warehouse racking accident or if you are worried about forklift accidents death and the fallout which follows, we have the experience needed to make sense of the case. With our No Win No Fee agreement, our dedicated team of helpful experts, and our commitment to fighting your case, we really are the best choice when you want to claim compensation.
We handle all kinds of warehouse accident claims. If you would like to arrange a free consultation session today, all you need to do is get in touch. You can talk to us through the chat feature on our website, fill out an online contact form or call 0800 073 8804. We’re waiting to hear how we can help you, so get in touch today.
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- Accident at Work Solicitors
- How Long After An Injury at Work Can I Claim Compensation?
- First Aid Negligence
How do I claim compensation for an accident at work?
We think the best way to claim compensation for an accident at work is to contact a specialist personal injury lawyer or solicitor.
How long does an industrial injury claim take?
Different personal injury claims could take differing amounts of time to make. In general, industrial injury claims could take more than 6 months to complete.
Should I accept my first offer of compensation?
When you have an accident you may be offered an initial compensation settlement. If the settlement is made before you have discussed your case with a solicitor this offer may not reflect what you could be owed.
What is my employer’s duty of care?
Your employer has a duty to provide you with a safe workplace which is kept free from hazards. They should also ensure you are adequately trained to carry out your role and that a risk assessment has been carried out. They should ensure that risks which could cause manual handling injuries are mitigated.
How long does an accident at work claim take to settle?
It’s difficult to say exactly how long an accident at work claim could take to settle. The more complex a case is, the longer it could potentially take to settle the claim. It could also depend on if your claim needs to be taken to court.
How can warehouse accidents be prevented?
Warehouse operators and employers can carry out regular and comprehensive risk assessments. They can also ensure that all employees have the correct and necessary training and equipment to safely carry out their job.
What are the hazards in a warehouse?
Hazards may include muscle strains and injuries, moving machinery, heavy objects stored over head-height, lack of training and exposure to harmful substances.
What are some safety rules for a warehouse?
Items should not be left as a trip hazard either in an aisle or on the floor. They should also be correctly stored on a work surface or racking.
What are different types of PPE?
Common types of personal protective equipment which may be used in a warehouse could include.
- Protection for your head.
- Respiratory PPE
- Protection for your ears and hearing
- Protection for your eyes.
- Protective equipment for hands, arms and feet.
Failing to provide you with these could be the basis of making warehouse accident claims if you were subsequently injured.