Unloading A Delivery Lorry Or Van Accident Claims
By Lewis Cobain. Last Updated 24th July 2023. This guide will explore unloading a delivery lorry or van accident claims. We will focus on the eligibility criteria that must be met to pursue compensation for an accident at work and the different injuries you could sustain.
Delivery lorries and vans can be used in various industries to transport goods from one location to another. Safety measures should be in place to guard workers against harm. Therefore, we will discuss the health and safety laws responsible for protecting employees whilst at work.
Please continue reading to learn more about making an accident at work claim. You can also contact us at Legal Expert today. Our team of advisors are available 24/7 to provide free and confidential legal advice. Additionally, they can assess the validity of your claim and offer insight into the steps you should take next.
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- Who Is Responsible For Unloading A Truck In The UK?
- Manual Handling Accidents Unloading A Delivery Lorry Or Van
- Forklift And Handling Vehicle Accidents
- What Injuries Could You Claim For?
- Unloading Delivery Lorry/Van Accident Claims Calculator
- How To Make Unloading Delivery Lorry/ Van Accident Claims
In the workplace, the Health and Safety at Work etc. Act 1974 (HASAWA) is one of the central pieces of legislation governing employees’ health and safety. It states that all employers have a duty of care to take reasonably practicable steps to ensure the safety of their employees at work. Some of these include:
- Providing proper training
- Carrying out risk assessments
- Ensuring maintenance and repairs are carried out within the correct time frame
It is important to note that under Section 7 of HASAWA, there is also a responsibility upon you, as an employee, to take reasonable care for the health and safety of yourself and others. This means you must adhere to the training you have been provided and behave sensibly.
Therefore to make a personal injury claim following an accident at work, your employer must be liable for an accident due to a breach of their duty of care. And as a result of this breach, you must have sustained either physical or psychological injuries. Please contact our advisors to learn more about unloading a delivery lorry or van accident claims.
Guidelines On Safely Unloading Vehicles
The Health and Safety Executive (HSE) is Britain’s regulator for health and safety at work. They provide safety guidelines on loading and unloading vehicles at work. Some of their suggested precautions include:
- The area should be clear of other traffic and people not involved in the unloading process.
- The ground should be firm and level to maintain stability.
- Loads should be secured, so they do not move or slide around.
Time Limits For Manual Handling Claims In The UK
When making an accident at work claim, you’ll need to ensure that your case is started within the correct limitation period. Under the Limitation Act 1980, you generally have three years from the date of injury to bring forward a claim. However, there are some exceptions to the time limit. These include:
- If a minor has suffered a manual handling injury at work, the time limit is paused until their 18th birthday. From this date, they will then have 3 years to start a claim. Whilst the time limit is paused, a litigation friend could make a claim on their behalf.
- Should someone lack the mental capacity to make their own unloading accident claim, the time limit is suspended indefinitely. During this time, a litigation friend could act on their behalf. However, if the injured party were to regain this mental capacity, and a claim has not been made for them, they will have three years from the date of recovery to start one.
If you have any questions regarding the accident at work claim time limit, please don’t hesitate to get in touch with our advisors. They can help answer your questions and offer you free advice.
Manual handling can cause various injuries, such as a back injury involving a slipped disc, which could significantly impact your quality of life. Therefore, in the workplace, it is important that health and safety training covering manual handling is provided.
Under The Manual Handling Operations Regulations 1992, employers have to, so far as is reasonably practicable, avoid the manual handling task if it is going to cause injury or where it cannot be avoided, assess the risk, reduce the risk as much as possible and provide general indications or precise weight amounts.
Manual Handling Accident Statistics
The HSE also gathers and provides injury at work statistics using employer reports under The Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 2013 (RIDDOR). In 2021/22, 61,713 reported non-fatal injuries were reported across all industries under RIDDOR. 18% of these injuries occurred whilst handling, lifting or carrying.
Forklift trucks can be useful vehicles for transporting and distributing goods, specifically in warehouses and factories. Accidents can happen if a vehicle operator is not trained in its use. This could lead to the forklift running over another person’s foot, resulting in crush injuries. Another example could include a forklift not being maintained in line with the manual’s guidance. This could lead to the equipment malfunctioning. The brakes could fail, leading to a collision where a worker is injured.
Employer negligence can lead to unloading a delivery lorry or van accident claims. If you have been injured due to your employer breaching their duty of care, get in touch with us today.
If you are injured in an accident at work, for which your employer is liable, you could be eligible to make a claim. You may be wondering what type of injuries could you claim for. We have provided some examples below:
- Head and brain injuries
- Crush injuries
- Chest injury
- Neck injury
- Arm injury
- Leg injury
- A soft tissue shoulder injury
- Psychological injury
Please contact our advisors for more information regarding unloading a delivery lorry or van accident claims. They can provide you with legal advice that is both free and confidential.
There are two potential heads of a successful accident at work claim:
- General damages – this can reimburse you for the pain and suffering your physical injuries caused, as well as any psychological harm.
- Special damages – this can reimburse you for certain past and future financial losses incurred as a result of your injuries.
Accident at work solicitors can use the Judicial College guidelines (JCG), updated in 2022, to help them value payouts under general damages for unloading a delivery lorry or van accident claims. Therefore, we have used this document to create the table below as a guide to compensation brackets for different injuries.
|Type of Injury||Compensation Brackets||Notes on the Injury|
|Injuries Resulting from Brain Damage - Moderately Severe (b)||£219,070 to £282,010||The person will need constant care and will substantially depend on others. They will be very seriously disabled.|
|Back Injuries - Severe (a)(i)||£91,090 to £160,980||This bracket covers the most severe injuries that involve damage to the nerve roots and spinal cord, resulting in a combination of very serious consequences.|
|Back Injuries - Moderate (b)(ii)||£12,510 to £27,760||This bracket covers many various frequently encountered injuries to the back, for example soft tissue injuries that result in exacerbation of a pre-existing back problem.|
|Arm Injuries - Severe (a)||£96,160 to £130,930||Injuries to the arm that fall short of amputation but are extremely serious and the person is left little better off than if the arm were lost.|
|Leg Injuries - Very Serious (b)(ii)||£54,830 to £87,890||This bracket includes injuries resulting in permanent problems with mobility. The person will require mobility aids for the rest of their life.|
|Foot Injuries - Severe (d)||£41,970 to £70,030||Fractures of both feet or heels with permanent considerable pain or a significant restriction on mobility. Alternatively, the person may have a severe injury to one foot.|
|Chest Injuries (c)||£31,310 to £54,830||The person will have damage to the lung(s) and chest leading to some continuing disability.|
|Shoulder Injuries - Severe (a)||£19,200 to £48,030||Within this bracket, the injury is often associated with neck injuries and damage to the brachial plexus.|
|Hand Injuries - Less Serious (g)||£14,450 to £29,000||The person will have suffered a severe crush injury causing significantly impaired function without future surgery taking place or despite an operation already undergone.|
The figures in the table above are a guide.
Under special damages, you could be compensated for various monetary losses stemming from your injuries, such as:
- Travel expenses
- Childcare costs
- Medical expenses
- Loss of earnings
In order to claim special damages, you must provide evidence of the costs. This could include receipts of medications or pay slips from your place of employment.
Please speak to one of our advisors to discuss how much compensation you could be eligible to receive for your accident at work claim.
Please get in touch with our team to learn more about unloading a delivery lorry or van accident claims. Should our advisors find that you could have valid grounds to make an accident at work claim, they may place you in contact with one of our specialist solicitors, who could offer to handle your claim on a No Win No Fee basis.
A Conditional Fee Agreement (CFA) is a type of No Win No Fee agreement that helps you fund a solicitor’s services. This will generally mean you do not have to make payments for a solicitor’s services upfront, during the claim or in the event the claim is unsuccessful.
Additionally, a successful claim will see a No Win No Fee solicitor receive a small legally capped percentage of the compensation. This is a success fee and will be discussed with you before you enter the agreement. Therefore, you will not be overcharged.
Our advisors can assist you with any remaining questions that you may have about making a claim. They can assess your claim for free and won’t place you under any obligation to further your claim with us.
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Workplace Accident Claim Resources
Please explore more of the guides from across Legal Expert to learn further about making a workplace accident claim:
Additionally, for more information and support, take a look at the links below:
- GOV.UK – Load securing: vehicle operator guidance
- NHS – Urgent and emergency care services
- GOV.UK – Statutory Sick Pay (SSP)
Thank you for reading this guide. Please make any enquiries regarding unloading a delivery lorry or van accident claims using the details provided in the guide.