How Much Compensation Can I Claim For A Warehouse Injury?
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, 144 workers were the victims of fatal accidents in the workplace between 2015 and 2016. Of these deaths, 26% fell from a height, 19% were hit by a moving vehicle, and 10% 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. For additional information, the UK Governmeent has published some information on how most common injuries are caused at work.
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.
This guide 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.
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.
In 2009/10, the Health and Safety Executive were aware of 8,500 accidents which occurred in warehouse and road haulage environments. Warehouse accidents are accidents which 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. They 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 the most 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. 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.
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 accident 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 – they 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.
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. 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 which may have prevented the fall. 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. 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 health and safty guidelines for working at height gives more information.
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.
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 adviser. In this appointment, you will not only have a health check up, but the doctor will be able to provide 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.
According to a HSE report covering the years from 2009 -2013, the majority of injuries sustained in the warehouse are:
- Slip, trips, and falls, which made up about 35% of the non-fatal injuries
- Falls from height, which accounted for 22% of non-fatal injuries
- Lifting and handling accidents, which accounted for 12% of non-fatal injuries
- Being struck by an object, which accounted for 12% of non-fatal injuries
- Being struck by a moving vehicle, which accounted for 6% of non-fatal injuries
- Unspecified and all other kinds of injuries, which accounted for 13% of non-fatal injury.
As we can see, the warehouse accidents statistics indicate that the most common injuries sustained in the warehouse are those of slips and falls. However, there is a broad range of potential injuries for which you can claim compensation. More details on warehouse injuries have been publshed by the UK Government.
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 your compensation claim much easier.
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 warehouse accident claims listed below include average payouts for back pain, providing a rough estimation of the settlement totals you might receive following a successful claim.
|Back Pain||Severe (type-1)||£69,200 to £122,350||Severe damage to the spinal cord and nerve root.|
|Back Pain||Severe (type-2)||£56,375 to £67,200||Injuries sustained has caused a loss of sensation in certain parts of the body.|
|Back Pain||Severe (type-3)||£29,475 to £53,000||Injuries sustained, treatment is given but the pain still remains.|
|Back Pain||Moderate (type-1)||£21,100 to £29,475||Incidents where the lumbar vertebrae have been crushed or compressed.|
|Back Pain||Moderate (type-2)||£9,500 to £21,100||Injuries to the back that give rise to backaches.|
|Back Pain||Minor (Type-3)||£6,000 to £9,500||The person has fully recovered from the injury with the need of surgery. The recovery time is about two years to five years.|
|Back Pain||Minor (Type-1)||£1,860 to £6,000||The person has fully recovered from the injury with the need of surgery. The recovery time is about three months to two years.|
|Back Pain||Minor (Type-2)||A few hundred pounds to £1,860||The damage that has been sustained is minimal. Full recovery is made in a few weeks to months|
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 a 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 their 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.
Find out how much compensation you can claim for a accident at work and get free legal advice.
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