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Unloading Injury Claims Guide

Are you looking for information on successful unloading injury claims? Have you been injured at work whilst unloading a wagon or a lorry? In this guide, we aim to give you all the necessary information you need to make a valid accident at work claim.

Additionally, we will discuss some scenarios of how you could be injured at work. Furthermore, we will look at how to prove liability in a personal injury claim and the compensation you could receive for a successful personal injury claim.

Unloading Injury Claims Guide

Unloading Injury Claims Guide

However, if you would prefer to speak to someone about your potential claim, our advisors are here to help. They can be reached 24 hours a day, 7 days a week, and can offer you some free legal advice regarding your claim.

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  1. A Guide To Unloading Injury Claims
  2. Health And Safety When Loading Or Unloading A Lorry
  3. How Could You Be Injured Loading And Unloading Lorries And Wagons?
  4. What Injuries Could You Suffer?
  5. Calculating Payouts For Unloading Injury Claims
  6. How To Make Unloading Injury Claims

A Guide To Unloading Injury Claims 

If you have to unload deliveries at your job as part of your work duties, it is vital that you receive the correct training on manual handling so as not to be caused an avoidable injury. Heavy loads, bulky items or moving vehicles could all potentially lead to an injury. Your employer could implement several things to ensure that you are safe whilst unloading. These can include:

  • Ensuring that loads are suitably packed.
  • Ensuring the loading area is clear of hazards – i.e. free of debris and no broken boarding.
  • Appropriate lifting equipment is available.
  • Ensuring staff have had suitable training.

In all workplaces, employees are owed a duty of care by their employer. This means the employer must take reasonable steps to secure their safety. This is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA).

For unloading injury claims to be successful, you will need to prove that you were injured because your employer breached their duty of care. 

Contact an advisor today for free advice regarding your potential claim.

Health And Safety When Loading Or Unloading A Lorry 

Per the Health and Safety at Work etc. Act 1974 (HASAWA), your employer must ensure that they are doing all they reasonably can to keep you safe whilst in the workplace and performing work-related duties. This is their duty of care to you as an employee.

Additionally, the Manual Handling Operations Regulations 1992 set out clear measures that your employer should follow for assessing manual handling risks. These include: 

  • Reasonably avoiding hazardous manual handling operations.
  • Assessing the risk of injury from any hazardous manual handling operations that can’t be avoided.
  • Reasonably reduce any risks of injuries to as low as possible.

Furthermore, your employer must assess whether your duties require manual handling training and provide it where applicable. 

Contact our advisors today for further guidance regarding unloading injury claims.

How Could You Be Injured Loading And Unloading Lorries And Wagons? 

There are various ways you could be injured whilst unloading a lorry or van. For example:

  • Not receiving proper training caused you to suffer a back injury due to incorrect manual handling.
  • Not being provided with manual handling equipment for heavier objects causes you to suffer a dislocated shoulder.
  • The loading dock not being free of hazards, causing you to slip, trip or fall, resulting in a broken ankle.

Remember, no matter how you were injured, you will need to prove that the injury was caused by your employer breaching their duty of care. Contact us today for more information concerning workplace injuries.

Unloading Injury Claims – Time Limit For Starting A Claim

Ahead of making an unloading injury claim, it’s important that you understand the time limits that may apply to your case. As per the Limitation Act 1980, you’ll usually have up to three years from the date you were injured to make your personal injury claim.

However, in some circumstances, the time limit to claim for an accident at work may be suspended. For example:

  • If a young person sustains an injury from lifting at work, the three-year limitation period is frozen until their 18th birthday. 
  • If an adult lacks the mental capacity to start their own claim, the limitation period is suspended indefinitely unless they regain the capacity required to claim alone.

In regards to the claimants discussed above, a litigation friend may be enlisted to make a claim on their behalf. Anyone may be granted this position so long as they:

  • Act in the best interests of the claimant
  • Make fair and competent decisions about the claimant’s case

Our advisory team can clarify if you are within the limitation period to take action following an injury from lifting at work. Please don’t hesitate to get in touch for more information.

Manual Handling Accident Statistics 

According to the statistics provided by the Health and Safety Executive (HSE), employers reported that 51,211 workers suffered non-fatal injuries in 2020/21. These reports were made in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Additionally, out of those injuries, handling, lifting or carrying were the 2nd most common causes of accidents at 18%.

What Injuries Could You Suffer? 

When carrying out lifting and carrying duties at work, you could suffer different kinds of injuries if the task is carried out incorrectly. Some examples of the injuries you could potentially suffer include:

  • Scrapes or cuts.
  • Dislocations.
  • Strains and sprains.
  • A head injury (that could potentially cause brain damage).
  • Fractures and breaks -e.g. a broken rib or broken arm.

For more information regarding unloading injury claims, contact our advisors today they can assess your personal injury case. Should it have solid grounds, they could introduce you to our accident-at-work claim solicitors. 

Calculating Payouts For Unloading Injury Claims 

Compensation for successful unloading injury claims could be divided into two forms of damages. These are general and special damages.

General damages compensate you for the physical and psychological harm you have suffered as a result of your injury. It is important to provide evidence that you have suffered, e.g. a copy of your medical records.

When valuing claims, many personal injury solicitors will use a document called the Judicial College Guidelines (JCG) to help them. Using the figures listed in the most recent edition of the JCG (published in April 2022), we have created the following table.

The table provided is to help you gain a clear understanding of how much you could potentially receive in compensation for your injuries. However, how much you actually receive will depend on your specific case, so please only use this table as a guide.

Injury Resulting from Brain Damage(c) Moderate (i) - Speech and sight have been affected, and there has been a personality change with a moderate to severe intellectual deficit.£150,110 to £219,070
Hand Injuries(c) Total or Effective Loss of One Hand - The hand will have been crushed and need to be amputated. If the amputated hand was the dominant one, the higher end of the compensation bracket is applicable.£96,160 to £109,650
Hand Injuries(g) Less Serious - Impaired hand function due to a severe crush injury.£14,450 to £29,000
Knee Injuries(a) Severe (i) - The knee joint has been disrupted, which will require prolonged treatment and will cause considerable pain.£69,730 to £96,210
Knee Injuries(b) Moderate (i) - Weakness or wasting in the knee due to it being dislocated, or the cartilage is torn.£14,840 to £26,190
Back Injuries(a) Severe (iii) - Issues such as severe pain, agility impairment and depression persist after surgery for disc lesions or fractures in the spine.£38,780 to £69,730
Leg Injuries(b) Severe (iv) - Multiple fractures or a severe crushing injury to one leg. How much is awarded will depend on knee instability, impact on employment and need for future surgery.£27,760 to £39,200
Foot Injuries(f) Moderate - Persisting symptoms and permanent deformity due to displaced metatarsal fractures in the foot.£13,740 to £24,990
Shoulder Injuries(c) Moderate - Symptoms such as discomfort and limited movement persist for two years due to a frozen shoulder.£7,890 to £12,770
Wrist Injuries(d) A soft tissue injury or fracture in the wrist takes longer than a year to heal. Only minor symptoms should persist after this time.£6,080 to £10,350

Special damages compensate you for the financial losses you have acquired due to your injuries. This accounts for both past and future financial losses. These losses could include:

  • Travel expenses – e.g. taxis or bus fares.
  • Paying for medical treatment.
  • Paying for mobility aids/equipment. 
  • Loss of wages.

Just like with general damages, you will need to provide evidence of these losses, such as bank statements, receipts and invoices.

Call our advisors today for further information about claiming compensation in personal injury claims.

How To Make Unloading Injury Claims 

For unloading injury claims, one of our personal injury solicitors may be able to represent you on a No Win No Fee basis. If your case is accepted, you would be required to sign a Conditional Fee Agreement (CFA). This is because a CFA is a type of No Win No Fee. Generally, it is the terms and conditions on which the solicitor will receive a success fee. 

There are no upfront fees to pay under a CFA. A small percentage of your compensation, known as a success fee, which is legally capped, is taken from your award. 

You can contact our advisors if you would still like to speak to someone about your specific claim. Our team can offer you free legal advice 24/7, as well as answer any of your personal injury questions. 

Contact our advisors today:

Read More About Unloading Accidents 

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