By Stephen Bishop. Last Updated 4th May 2023. Welcome to our guide on warehouse accident claims. If you are injured in a warehouse accident that wasn’t your fault, you could make a claim for compensation.
Warehouse accidents are unfortunately fairly common. Workers in a warehouse are at risk from forklift truck accidents, falls from heights, being hit by falling objects and suffering from back injuries. The injuries sustained from a warehouse accident can range from fairly minor to very severe, and even death.
It, therefore, comes as no surprise that working in a warehouse can be dangerous, and so it is imperative that there are sufficient, strict rules and regulations regarding health and safety in place within the workplace, and employers have a duty of care and a responsibility to make sure these are strictly adhered to in order to provide a safe environment for their employees and anyone visiting the premises.
If you have been injured because of an accident in a warehouse that was caused by negligence, you may be able to make a personal injury claim against those responsible. Legal Helpline has a highly experienced panel of personal injury solicitors with many years of making successful claims and could help you to get the compensation you deserve. Have a read through our guide and feel free to contact us on our legal helpline by dialling 0161 696 9685 for further help and advice.
Jump to a Section
- When Could I Claim For A Warehouse Accident?
- Warehouse Health and Safety
- What Evidence Do I Need To Support A Warehouse Accident Claim?
- Types Of Warehouse Accidents
- How Much Compensation Could I Receive For A Warehouse Accident Claim?
- No Win No Fee Warehouse Accident Claims
- Useful links and resources
In order to form the basis of a valid warehouse accident claim, you must be able to establish negligence. This means that your employer must have breached their duty of care, resulting in your injuries.
All employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they must take all reasonably practicable steps to keep you safe while working. A breach of this could cause you harm. For example, if your employer asks you to use a forklift without first providing any training, this could lead to a warehouse forklift accident in which you sustain a leg injury.
If you have been injured in a forklift or warehouse accident as a result of your employer breaching their duty of care, contact our team of advisors today. They can offer a free consultation of your claim and may be able to connect you with a solicitor from our panel.
How Long Do I Have To Claim For A Warehouse Accident?
The time limit for starting warehouse accident claims is three years. The time limit usually starts from the date of the incident that caused your injuries.
Under a small number of circumstances, there are exceptions to this time limit. These are:
- For those under the age of 18, the time limit is paused until their 18th birthday. Before this point, a litigation friend appointed by the court could make a claim on their behalf. From their 18th birthday, they will have 3 years to start a claim if one has not already been made.
- The time limit is indefinitely suspended for someone who lacks the mental capacity to start their own claim. Again, a litigation friend could make a claim on their behalf. If they were to regain this mental capacity, they will have 3 years from the date of recovery to start their claim if one has not already been made.
Contact our advisors today if you have any questions about personal injury claims for accidents in a warehouse. Additionally, they could inform you whether you have enough time to start your claim.
In the UK, the Health and Safety Executive (HSE) is in charge of deciding on the health and safety legislation that all warehouses should adhere to in order to provide a safe environment for all workers and visitors in the warehouse. The HSE legislation comprises of various guidelines that should be followed that are specifically aimed at minimising the chances of particular types of accidents from happening, such as:
- Slip, trip and fall accidents.
- Accidents involving forklift trucks and other similar machinery.
- Manual handling injuries caused by accidents.
- Falling object accidents.
As part of the Health and Safety at Work Act 1974, all employers are expected to be compliant with the HSE’s legislation on health and safety, and failure to do so leaves them in a breach of their legal responsibility to their employees. If you have been injured in an accident in a warehouse due to a warehouse owner’s negligence to the HSE’s legislation, you will have a valid reason to claim.
Have more questions about warehouse accident claims? Contact us today!
If you haven’t managed to do this already, our firm can arrange a free local medical for you so that you have a thorough assessment of your injury.
- Photos – If you can, try to take photos of where the accident took place and if possible, show the reason why. Also, take photos of your injury to give observable proof of your suffering.
- Witnesses – If there was anyone who witnessed your accident, make a note of their contact details so a witness statement may be obtained. Witness statements can prove invaluable when attempting to prove liability.
- Receipts – Keep all receipts of any costs you have suffered as a result of your injury such as prescription costs, travelling costs etc.
There are various types of warehouse accidents that could occur, such as:
- Slip, trips and falls – This could be due to cable wires not being tied down properly or put away, causing you to suffer an ankle injury. Or it could be due to a faulty ladder that has not been maintained or replaced, resulting in you suffering a broken arm.
- Forklift accidents – For example, a forklift hits some shelves that then collapse on top of you, which could result in a serious head injury.
- Manual handling – If you were to receive insufficient manual handling training, this could lead to you using a poor lifting technique and injuring yourself, for example, with a back injury, such as a slipped disc.
- Faulty equipment – For example, an overhead conveyor belt could malfunction, resulting in heavy loads falling onto you.
No matter the type of accident you were involved in, you need to prove that you were injured due to your employer breaching their duty of care. Later in this guide, we will discuss your employer’s duty of care in more detail.
Contact our advisors today to see whether you may be eligible for compensation if you have been involved in a warehouse rack accident. If our advisors believe you could be, they could connect you with our experienced panel of solicitors who could help you with your claim.
Before settling on an award amount, there are a number of things to take into consideration that can be included in the claim.
What Can Awards Be Made Up Of?
- General Damages – This is the term used for the physical effects of your injury. The type and severity of the injury will be considered here as well as the treatment you have had to have, any on-going treatments and the future prognosis. Any psychological issues, such as mental trauma, will also be taken into account. Generally speaking, the more severe the injury is and ifs after effects, the higher the compensation award will be.
- Medical Costs – Any medical costs incurred for private treatments, counselling or prescription fees, for example, can be included in the claim. You must keep receipts as proof of these expenses.
- Travel Costs – Any extra costs relating to travel that are directly due to your accident can be reclaimed in the compensation providing you have the receipts. Also if any vehicle adaptions are needed because of the injury you have sustained, this can also be included under travel costs.
- Care Claim – If you have needed help around the home or carers, you can make a care claim.
- Loss of Earnings – Any earnings lost, or any future earnings that will be lost will be taken into account.
- Funeral Costs – If you are making a claim on behalf of someone who died due to a warehouse accident, funeral costs may be taken into consideration.
As you can probably guess, taking into consideration that all of these aspects will vary from person to person, no compensation claims case is ever the same, therefore we cannot correctly and honestly tell you exactly how much you may receive in compensation should you win your case, there are just too many variables that make up the final settlement amount.
The Judicial College Guidelines
However, as a guide for the amount you could potentially receive for the part of the general damages of the award, using the latest judicial guidelines, we have listed in the table below, the average amounts of compensation given for particular injuries and their severity.
|Arm Injury - Severe
|Extremely serious arm injuries that fell short of requiring amputation, but has left the person little better off than if it had been.
|£96,160 to £130,930
|Arm Injury - Less Severe
|A significant recovery will have been made (or is expected to) despite suffering with substantial disabilities.
|£19,200 to £39,170
|Foot Injury - Severe
|Fractures to both feet or heels that causes permanent pain with restricted mobility.
|£41,970 to £70,030
|Foot Injury - Modest
|Puncture wounds, ruptured ligaments or simple metatarsal fractures that result in continuing symptoms such as pain and aching.
|Up to £13,740
|Neck Injury - Severe (iii)
|Severe soft tissue damage, ruptured ligaments, dislocations, or fractures that result in a significant disability.
|£45,470 to £55,990
|Neck Injury - Moderate (ii)
|Disc lesions, soft tissue damage or wrenching-type injuries that result in cervical spondylosis.
|£13,740 to £24,990
|Back Injury - Moderate (i)
|A crush or compression fracture to the lumbar vertebrae that causes constant pain and discomfort.
|£27,760 to £38,780
|Back Injury - Minor (i)
|A sprain, strain, disc prolapse, or soft tissue injury that fully recovers within 2-5 years.
|£7,890 to £12,510
|Shoulder Injury - Serious
|A dislocated shoulder with damage to the brachial plexus that causes neck and shoulder pain with arm symptoms.
|£12,770 to £19,200
|Shoulder Injury - Moderate
|Limited movement and discomfort caused by a frozen shoulder.
|£7,890 to £12,770
The top end of the payment bracket will be for those with the most severe injury, and the lower end for those with minor injuries.
For more information on what you may receive for your individual circumstances, contact Legal Helpline where we can look at your personal case in more detail.
Our no win no fee service provides an affordable way to hire a legal team to run your claim for you to give you the best chance of having a successful outcome and making sure you have claimed for the maximum amount possible. This is because we do not ask for any payments upfront or during the claiming process at all, instead, our fees depend entirely on the outcome of the case in that if we do not win, we simply don’t get paid, in other words, we do not ask you for any payments at all.
But if we win, our fees are paid as a one-time payment as a percentage of your final settlement amount. We are only legally allowed to take a maximum of 25% of the award amount and so if we win the case, you are guaranteed at least 75% of the final award amount.
Therefore to sum up, with no win no fee there is no negative impact on your current finances, no risk of financially losing any of your money and you get to have personal injury claims specialists conduct your case on your behalf increasing your chances of having successful warehouse accident claims.
Contact Our Team
We have dealt with many warehouse accident claims over the years with great success. If you’d like us to arrange a free consultation for you, or would just like some advice and guidance, please don’t hesitate to contact us at Legal Helpline on 0161 696 9685 and we will do our best to give you assistance.
Below we’ve included some helpful links and resources related to warehouse accident claims, or any general personal injury claim questions you may have.
This links to the HSE site which gives guidance regarding health and safety aspects when in a warehouse.
This is the NHS guide on how to keep safe from injury when lifting and handling heavy loads. Employers should provide training on the correct lifting and handling techniques if the tasks set for employees require the movement of heavy loads.
- Our guide explains how to use an accident at work claim calculator and offers more insight into the personal injury claims process.
- Get information on making fatal accident at work claims with our informative guide.
- Find out if you can claim if you are a contractor who was injured at work and learn more about the compensation claims process.
- Are you wondering how many lone workers are attacked every day? Our guide explores this topic.
- Advice on bulging disc workers’ compensation claims. Learn more about claiming compensation for an accident at work.
Thank you for reading our guide on warehouse accident claims.