How To Claim If Injured While Unloading A Wagon
How To Claim If Injured While Unloading A Wagon
This article examines if you can make an accident at work claim if you are injured while unloading a wagon. Throughout this guide, we will explain the eligibility criteria for making a personal injury claim for an accident at work.
We investigate key legislation designed to protect your health and safety in the workplace. Additionally, we look at how carrying out risk assessments and implementing any required changes could help keep you safe while at work. We also examine examples of guidelines for safe loading and unloading.
You are owed a duty of care while at work. If this is breached and you experience an injury as a result, you might be able to make an accident at work claim. We examine the two heads that could form a personal injury claim. Additionally, we take a look at No Win No Fee arrangements that could be used to hire the services of a solicitor.
To get in touch with our claims team:
- Start your claim online.
- Call us on 0800 073 8804.
- Use the live chat.
Select A Section
- Health And Safety For The Workplace
- Falls From Vehicles During Loading And Unloading
- Manual Handling Injuries
- Vehicle Accidents Whilst Unloading A Wagon
- What Could You Claim If Injured While Unloading A Wagon?
- How To Claim If Injured While Unloading A Wagon
Health and Safety For The Workplace
Legislation helps to govern employee health and safety, this includes while loading and unloading vehicles. The first key piece of legislation is the Health and Safety at Work etc. Act 1974 (HASAWA) which sets out the duty of care employers owe their employees. This means that employers must take reasonable steps to reduce risks.
The Management of Health and Safety at Work Regulations 1999 puts an emphasis on employers carrying out risk assessments. A risk assessment can identify risks employees might face in their workplace. Additionally, arrangements should be made to implement any protective measures.
To be able to make an accident at work claim, you must be able to satisfy these points:
- Your employer failed to adhere to health and safety legislation
- Because of this breach in duty of care you were injured.
Loading and Unloading Guidance
Additionally, the Health and Safety Executive (HSE) sets out guidelines for loading and unloading vehicles. We have included some of the suggestions below:
- Safety equipment should be used where necessary.
- Loading and unloading areas are clear of traffic as well as pedestrians.
- Clear space from any electrical capable
- Secure any loads.
- No overloading of vehicles
- Loads should be packed correctly
- Applying brakes and stabilisers.
- Safety equipment requirements.
Get in touch with our accident at work claims team if you were injured while unloading a wagon because your employer failed to reduce any risks that had been identified.
Falls From Vehicles During Loading And Unloading
As stated above, employer’s responsibilities include identifying workplace risks and reducing them. Ignoring their responsibilities could result in injuries. If health and safety procedures are not implemented, those who are loading or unloading the lorry can be faced with the risk of injury. It is vital that all equipment is maintained, employees are provided with the correct personal protective equipment and training is given on safety techniques.
Those who are responsible for unloading and loading a wagon should also have manual handling training. This will demonstrate how to carry, lift and move objects within the workplace to prevent falls. Falling from a wagon while unloading or loading can result in serious injuries such as a fractured skull, for example, or broken ribs.
Get in touch with our personal injury claims team for free legal advice if you have been injured while unloading a wagon caused by your employer being negligent.
Manual Handling Injuries
Your employer should have conducted a manual handling risk assessment and have policies in place to reduce the risk of manual handling accidents. Adequate training should be provided to employees expected to lift objects. This could prevent injuries from lifting in the wrong way, such as a back injury or shoulder injury. Additionally, if the load is not evenly balanced, objects could fall, which could injure you or another person.
Employers should consider whether it is safe for one person to lift alone or unaided. You could experience a pulled muscle injury, or a chronic musculoskeletal disorder could develop when lifting or carrying objects that are too heavy for a single person.
Our injury at work claims team can help start your injured while unloading a wagon claim today.
Vehicle Accidents Whilst Unloading A Wagon
Additional risks are presented by both the traffic while unloading as well as the vehicle itself moving. In either of these situations, you could be hit by a moving vehicle, which could cause various injuries from broken and fractured bones to being crushed.
Policies should be in place to ensure that brakes and stabilisers are used. Additionally, the docking location should be clear of other traffic. Pedestrians should also be clear of the unloading and loading dock.
A warehouse, for example, may want to supply employees and any on-site visitors with luminous vests to ensure that they can be easily seen. Adequate lighting should also be provided while unloading.
Contact our personal injury claims team for advice on what steps you could take to support a claim.
What Could You Claim If Injured While Unloading A Wagon?
Two heads could form your accident at work claim. Both are investigated further in the sections below.
General Damages
This head of your claim seeks to compensate you for the physical injury. In addition, if the injury or the accident itself caused a psychiatric injury, you could also be compensated for that under general damages.
It is impossible to work out now the exact amount you’ll receive in a successful claim. To help assign value to injuries, legal professionals will turn to the Judicial College Guidelines (JCG). This is a document that contains injuries sitting with compensation brackets. Figures from the latest edition are provided in the table.
| Injury | Severity Level | Potential Compensation | Notes |
|---|---|---|---|
| Brain Injury | Moderate (c) (i) | £150,110 to £219,070 | The injury results in a significant epilepsy risk, moderate to severe intellectual deficit, personality changes, impact on senses and no employment prospects. |
| Severe Leg Injuries (b) | Most Serious (i) | £96,250 to £135,920 | Severe injuries such as fractures that haven’t united or extensive degloving. |
| Neck Injury | Severe (a) (ii) | £65,740 to £130,930 | Considerably severe disabilities from serious fractures or disc damage in the cervical spine. |
| Foot Injuries | Severe (a) | £41,970 to £70,030 | Unusually severe injury to a single foot or substantial mobility restrictions and considerable permanent pain from fractures to both heels. |
| Other Arm Injuries | Permanent and Substantial (b) | £39,170 to £59,860 | Serious forearm fractures that leave a risk of significant residual disability that is of a permanent nature. |
| Pelvis and Hip Injuries | Moderate (b) (i) | £26,590 to £39,170 | There isn’t a major permanent disability despite the original injury being significant in nature. |
| Back Injury | Moderate (ii) | £12,510 to £27,760 | Backache or exacerbation of a pre-existing back condition. |
| Toe Injuries | Severe (c) | £13,740 to £21,070 | Severe damage and significant continuous symptoms Possible one or two toes being amputated, bursting wounds or partial amputation. |
| Shoulder Injury | Serious (b) | £12,770 to £19,200 | Pain, restricted movement and sensory problems from dislocation and lower brachial plexus damage. |
| General Psychological Injury | Moderate (c) | £5,860 to £19,070 | Improvements occur after experiencing problems coping in life and the future looks good for recovery. |
Special Damages
You may have incurred expenses due to the injury. Special damages are the head of your claim that could recover expenses, provided you have proof, such as receipts or wage slips.
Examples include:
- Loss of earnings/future earnings.
- Additional medical expenses, including therapy and cosmetic surgery costs.
- Travel expenses.
Our accident at work claims team could provide an estimate of your injured while unloading a wagon claim.
How To Claim If Injured While Unloading A Wagon
A personal injury solicitor could help gather evidence supporting your accident at work claim as well as ensure it is filed in full and on time. You could hire a No Win No Fee solicitor that takes personal injury claims. Their services could be offered under a Conditional Fee Agreement (CFA).
Under these payment terms, you don’t pay your solicitor upfront for their services. Instead, they’ll take a fee from the awards given to successful claims. This is called a success fee. The amount that can be taken is legally capped. If a claim doesn’t succeed, however, you will not pay for your solicitor’s service.
Our advisors are available 24 hours a day, 7 days a week, to discuss your injuries. If you would like to proceed and your claim seems valid, you could be connected with our solicitors.
Contact us if you have been injured while unloading a wagon:
- Start your claim online.
- Call us on 0800 073 8804.
- Use the live chat.
Further Resources
Additional personal injury guides from Legal Expert:
