This guide will explain how to make unloading injury claims. Those who carry out unloading as part of their job role might need to move boxes, palettes or parcels out of a van or other delivery vehicle. If your employer breaches the duty of care they owe, this could cause you injury.
Throughout this guide, we will look at some examples of how employer negligence could cause an accident in which you sustain an injury. Furthermore, we will look at the process of valuing a settlement and address how much compensation you could potentially receive in the event of a successful claim.
If you would like free legal advice, please contact Legal Helpline. Moreover, one of our advisors could provide you with a skilled personal injury lawyer from our panel if they feel you have a valid claim.
Contact Legal Helpline to make your enquiry:
- Call 0161 696 9685
- Make an online enquiry
- Ask the team a question using our chat feature on the page
Alternatively, you can continue reading this guide to find out more about claiming compensation for injuries sustained in an unloading accident.
Select A Section
- What Are Unloading Injury Claims?
- What Could Cause An Unloading Injury?
- Injuries You Could Suffer Unloading A Vehicle
- Top Places Unloading Injuries Could Happen
- Calculating Payouts For Unloading Injury Claims
- Talk To Our Specialist Team
Under the Health and Safety at Work etc. Act 1974, employers owe workers a duty of care. They are responsible for their workers’ health and well-being in the workplace and need to take all reasonably practicable steps to ensure that they are safe.
Unloading might be carried out in a number of different work environments. For example, if you work in a warehouse, you might unload vehicles regularly as part of your usual job role. In other cases, you may work a job where you unload occasionally, for example, when a delivery of stock comes in. However, the same duty of care applies to you in both circumstances.
If you believe your employer was liable for an injury sustained whilst unloading, please call Legal Helpline to see if you can claim.
As mentioned, employers are legally responsible for ensuring that workers carry out their tasks safely. According to the Health and Safety Executive (HSE), employers should take the following precautions to protect workers carrying out loading and unloading activities:
- Anyone not involved in the loading or unloading injuries should not be present.
- Workers must receive the appropriate manual handling training. Workers can be injured if given no workplace training.
- Drivers must park vehicles on firm and level ground.
- Workers must secure or arrange loads to prevent boxes, palettes or crates from falling or sliding.
- Necessary safety equipment should be provided.
- People working at height must have received the correct training and personal protective equipment.
The following loading and unloading accidents can take place if the correct health and safety precautions are not met:
- A manual handling accident can happen if the worker does not receive the correct training for lifting heavy objects or if they are made to lift an object that is too heavy
- An object that is poorly stacked could fall onto a worker’s foot, causing a foot injury
- A worker could be crushed by a vehicle
- Workers may fall from a height if they are given a safety harness that is not fit for purpose
How Many Manual Handling Injuries Happen Per Year?
According to Health and Safety Executive statistics, 18% of non-fatal accidents at work were handling, lifting or carrying accidents in 2021/22. The total number of reported accidents in this time period was 61,713. Employer reports under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) in 2020/21 are the basis of these statistics.
An accident loading or unloading items can lead to an unloading or loading injury. We have included examples of unloading injuries a worker may experience below:
- Crush injuries, including broken bones or organ damage
- Slipped discs or back injuries
- A broken foot
- A head injury or concussion
- Serious bone fractures caused by falls from a height
Not all accidents at work will result in a claim. Accidents in the workplace can happen without being the fault of anyone in particular. In some cases, employee negligence could cause an accident that results in injury.
However, if you have evidence that the injury you sustained resulted from your employer breaching the duty of care that they owe you, then speak with an advisor today. If you have a valid claim, you could be connected with a No Win No Fee lawyer from our panel.
We may think about job roles in warehouses or docks, for example, when we think about loading and unloading injuries. However, any worker who performs this kind of task, however infrequently, could be at risk of this kind of injury.
An unloading accident can happen in the following environments:
- Airports, during baggage handling activities
- Unloading stations at docks and ports
- Shops and restaurants
- Offices when receiving deliveries
If you would like to know whether you could be eligible to claim, speak with an advisor today.
You might be eligible to claim compensation if you experienced an unloading injury at work due to negligence. If you receive compensation for your injuries, you can receive up to two types of damages:
- General damages – compensation for the harmful effects of your injuries and the negative impact on your quality of life.
- Special damages – compensation for necessary costs your injuries caused. This could include unavoidable medical and travel expenses. You should provide evidence in support of these, such as receipts or invoices.
You may be wondering how much general damage compensation you can claim following an accident at work. The compensation table lists injuries you could suffer as a result of this kind of accident and the guideline brackets associated with them. The table contents are based on Judicial College Guidelines, which is a publication that legal professionals use to help them value claims.
|Severity And Injury||Injury Notes||Possible Settlement|
|Moderate Head Or Brain Injury (i)||Changes to personality and moderate to severe deficit of intellect. Impact on sight, speech and senses. Significant risk of developing epilepsy.||£150,110 to £219,070|
|Severe Neck Injury (i)||There is little or no remaining neck movement as well as incomplete paraplegia.||Around £148,330|
|Severe Leg Injury (i)||Most severe injuries short of the limb actually being amputated.||£96,250 to £135,920|
|Less Serious Leg Injury (i)||Where a broken leg results in an incomplete recovery is made, or a serious injury to soft tissue.||£17,960 to £27,760|
|Severe Arm Injury - A||The person has been left off not much better than if they had lost their arm.||£96,160 to £130,930|
|Severe Pelvic Or Hip Injury (i)||The person is left with a substantial residual disability due to extensive bone fractures.||£78,400 to £130,930|
|Less Severe Elbow Injury||A less severe injury which has impaired the function of the elbow. The injury will not require surgery.||£15,650 to £32,010|
|Moderate to Minor Elbow Injury||Minor up to moderate forms of injury. Most elbow injuries will be in this category.||Up to £12,590|
|Moderate Knee Injury (i)||Knee joint injuries causing damage to the knees cartilage and which leaves the joint unstable.||£14,840 to £26,190|
|Modest Foot Injury||The person may have suffered fractures, lacerations or other straightforward injuries.||Up to £13,740|
The amounts of compensation in the table are not guaranteed payments; furthermore, we’ve not included special damages figures either. Please feel free to contact our team, and an advisor can accurately estimate how much you can claim.
If a manual handling or unloading accident injured you, you could be entitled to receive personal injury compensation. To see if you can make a claim, please contact Legal Helpline for an assessment today. If they can see that you are eligible to claim, you could be put in touch with a solicitor from our panel who can work on your case.
You will also have the option to make a No Win No Fee injury at work claim under a kind of No Win No Fee agreement called a Conditional Fee Agreement. This generally means there are no legal fee to pay upfront or during the claims process. You will, instead, pay a success fee if you win your claim. The success fee is paid out of your compensation package. This fee is also legally capped, meaning the majority of your compensation payment will go directly to you. If you’re not awarded compensation, you generally don’t pay them for the work that they have done.
Get in touch with us today to potentially begin your claim:
- Call the team on 0161 696 9685
- Make an online enquiry about claiming
- Chat with an advisor using the widget below
Related Workplace Accident Claims
These online resources might be helpful if you have been injured in an accident at work:
An HSE inspection checklist to ensure loading and unloading activities are carried out safely
A government guide on requesting CCTV footage of yourself
The causes and symptoms of a slipped disc – an NHS guide
Thank you for reading our guide to making an unloading injury claim.
Written by HC
Published by FS