If you are injured in a warehouse accident that wasn’t your fault, you could make a warehouse accident 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. Acting negligently towards their responsibilities could leave them open to warehouse accident claims being made against them if someone were to suffer an injury whilst in the warehouse.
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 0161 696 9685 for further help and advice.
Jump to a Section
- Warehouse accident claims guide
- Warehouse accident statistics
- Common accidents in warehouses
- Common injuries from warehouse accidents
- Injured by a forklift truck
- Injured by a slip, trip or fall
- Warehouse health and safety
- I’ve had an accident in a warehouse, what should I do?
- Claiming compensation as a warehouse worker
- Claiming compensation as a warehouse visitor
- Starting your warehouse injury compensation claim
- How much compensation for a warehouse accident claim?
- No Win No Fee warehouse accident claims
- Can Legal Helpline get me compensation?
- Contacting Legal Helpline to start a warehouse accident claim
- Useful links and resources
Useful links and resources
Making a warehouse accident claim can be a daunting prospect as there are a lot of legalities that need to be considered and in order to make a successful claim, proof of liability needs to be established. We have therefore put together this informative guide to enable anyone wanting to make a claim for an accident in a warehouse to find out what is involved when making a claim and what they can do themselves to help strengthen their case.
Within the guide is information such as what to do if you suffer a warehouse injury, how to start your claim, what can you include in your claim and how much compensation you may be awarded. We also look at the most common warehouse accidents and injuries, warehouse injury statistics, and how the risk of warehouse accidents could be lowered and possibly prevented. And finally we look at how using a personal injury claims solicitor can be really helpful, and we explain how our no win no fee service can remove the financial worry of hiring legal help.
The Health and Safety Executive (HSE) reported that between the years 2009 and 2013, most of the non-fatal injuries that occurred in a warehouse were the following:
- 35% were found to be due to slip, trip and falls.
- 22% were due to falls from heights.
- 12% was the amount of accidents due to lifting, moving and handling.
- 12% were due to being hit by falling objects.
- 6% was for being hit by a vehicle in motion.
- 13% were due to other unspecified accidents.
Although there are numerous ways in which someone may sustain an injury whilst in a warehouse, in can be clearly seen looking at these statistics, that the most common of all types of accidents are the slip, trip and falls.
Unfortunately, even with the best intentions and relevant health and safety policies and procedures in place, being involved in a warehouse accident is still going to be a risk. But when negligence becomes an issue, this risk greatly increases. Although there are many ways in which someone could sustain a warehouse injury, the most common accidents to occur are:
- Slips, trips and falls – These may be due to floors being wet and dirty or poorly maintained. Also items left in walkways present trip hazards.
- Forklift truck accidents – These could be due to lack of due care and attention when operating the forklift truck, untrained members of staff using the forklift truck or due to the forklift truck being faulty or not regularly maintained.
- Falling from a height – Falling off a ladder or rack of shelving for example.
- Incorrect lifting and handling techniques – Using the incorrect technique can result in injuries to the back as well as other injuries.
- Falling objects – If items are not stacker correctly there is a risk they could fall from the shelving racks for example.
- Use of faulty equipment.
- Harmful substances exposure – Chemicals may be stored within the warehouse for cleaning etc and exposure to these without the proper personal protection equipment could be dangerous.
- Shelving Collapse – If the racks or shelving are not properly maintained they could break and collapse. Or incorrect stacking or overloading could also cause them to collapse. The shelving racks could also cause injury if they have sharp edges that could lead to cuts and lacerations.
If the correct and adequate health and safety regulations are being adhered to and staff are sufficiently trained, these types of accidents should be minimal, however, if negligence occurs and the regulations are not being correctly followed which then results in an accident causing injury, then the company in charge of the warehouse will be seen as being in breach of their duty of care and a compensation claim may be brought against them for damages.
There are many different types of injuries that could be sustained in a warehouse. Some may be fairly minor, whereas others can be serious and result in life changing consequences. Some of the most common injuries resultant from an accident in a warehouse are:
- Neck and back Injuries – These are often due to improper lifting and handling techniques being used.
- Shoulder and arms injuries – Normally resultant from attempting to lift a load that is too heavy.
- Foot and / or toe injuries – From dropping a heavy load onto the foot or toes.
- Fractures and breaks – Slip, trip and falls are generally to blame for these types of injuries in a warehouse.
- Repetitive Strain Injury (RSI) – RSI is caused by repetitive movements that use the same group of muscles continuously day after day, or during working hours.
Regardless of the type of injury you have, if it is because of an accident in a warehouse caused by negligence, you may have a valid cause to claim compensation. Having your injury properly assessed by a medical professional is crucial when claiming compensation as the settlement amount will largely depend on the severity of your injury, any on-going issues and future prognosis.
Although not as common as slip, trip and fall accidents, accidents involving forklift trucks and similar machinery still happen in warehouses and can often result in serious injuries. The most common reasons behind a forklift truck accident are:
- Lack of proper training – The driver of the forklift truck may not be trained sufficiently to operate it safely and therefore may cause someone an injury.
- Using a forklift truck whilst the load is elevated – To secure a better balance and reduce the likelihood of an accident occurring, it is recommended that during certain movements of the truck, any load its carrying should be kept as low as possible.
- Driving at speed – Forklift trucks generally operate in areas where speed restrictions apply. A speeding forklift truck could go out of control and hurt someone.
- Numerous operators – Fork lift trucks are generally designed for one operator, but if more than one is uses or rides on the forklift exceeding the recommendations set by the manufacturer for health and safety, an accident could occur.
- Improperly fixed or non-existent crash barriers – In order to provide protection to other workers, places such as warehouses that use forklift trucks and other similar machinery should have crash barriers securely fixed in position to provide some protection if the truck were to go out of control, without these, a serious accident could occur.
All of the above examples should be addressed as part of the health and safety policies and procedures that should be in place. If such policies do not exist or are not followed correctly and an accident occurs, then the forklift truck operator or warehouse management would be seen as acting in a negligent manner and a compensation claim could be brought against them for damages.
As seen earlier in the guide, slip, trip and fall accidents are the most common type of warehouse accidents to occur. Warehouse slips, trips and falls can result in a range of different injuries, some being minor such as bruising, but some being very serious and debilitating. Although warehouses differ in type, shape, size and workloads, slip, trip and fall accidents generally occur due to similar reasons across all warehouses, such as:
- Spillages on the floor making the floor slippery.
- Crates, boxes and other items left lying in walkways causing trip hazards.
- Insufficient lighting.
- Electrical cables laying across the floor.
Any of the above, along with other potential risk factors, could cause a person to slip, trip and fall leading to an injury. Risk assessments should be carried out in all areas of the warehouse and any known risks or potential risks should be addressed in the health and safety policies and procedures in order to prevent possible accidents from happening. If practices are not put into place to minimize any risks, then this would be negligence. Anyone injured due to an accident caused by negligence, providing it can be proven, would have a legitimate reason to claim compensation. If you are unsure as to where your case stands in the eyes of the courts, call us at Legal Helpline and we will be able to determine whether or not you have a valid reason to 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.
- Accidents causing warehouse manual handling injuries.
- Accidents due to falling objects.
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.
If you have sustained an injury due to an accident in a warehouse, there are a few things that you can do which will help to build your case and provide proof of liability. Try to do the following if possible:
- See a medical professional – This is, for obvious reasons, the most important thing you need to do for the sake of your health. , This is also vital to do as far as warehouse injury claims are concerned because your compensation settlement amount will greatly depend on the type and severity of your injury and so getting a proper diagnosis is really important. Also, by seeing a medical professional, they will also advise on the treatment that is needed, the length of time it will be needed for and the future prognosis for your injury. All of these factors are taken into account when deciding how much compensation you should receive with the worst cases generally receiving higher amounts of compensation.
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.
If you are employed in a warehouse and have sustained an injury whilst at work, it may be necessary for you to fill out an accident at work report form so that your accident is documented including the date and time of the accident. In order to claim compensation for a warehouse injury as an employee, you will need to prove that your accident occurred due to your employer’s negligence. An example of negligence may be that if you fell from a height whilst working in the warehouse, if there were no warning signs or appropriate safety barriers present and these were a requirement in accordance with the HSE regulations, then your employer would be found negligent in their duty of care to provide you with a safe working environment.
In order to protect any employees from falling from a height in the workplace, the Work at Height Regulations 2005 were put in place as legally required guidelines. The regulations state that the employer must carry out risk assessments to ensure that any work is thoroughly planned and can be carried out safely, supervised correctly and only performed by people qualified to do so. The regulations also state that personal protective equipment for working at heights should be provided by the employer for the employees use . Although a lot of these assignments are of low risk, employers still need to be aware of their responsibilities in accordance with the regulations and act accordingly.
Of course there are many possible accidents that an employee could be involved with whilst working in a warehouse and it is the employer’s legal responsibility to provide a safe working environment by adhering to the health and safety regulations to the best of their ability. If you are unsure of whether your employer is liable for your accident, contact Legal Helpline and we will do our best to help determine who was liable for your injury.
In accordance with the Occupiers Liability Act 1957, any person or company that occupies a premises has a duty of care to ensure the welfare and safety of anyone who visits their premises including those who are uninvited or are trespassing.
For an example, if a tradesman comes to the warehouse to service one of the forklift trucks and is injured whilst there, the occupier will be responsible for his / her injury. If it is proven that the tradesman’s injury was due to neglecting the regulations set out in the Occupiers Liability Act 1957, then a warehouse accident claim may be brought against the occupier.
If you have visited a warehouse and sustained an injury, proving liability for your injury can be hard to do. Call Legal Helpline for further help and advice.
Once you have read through the guide, if you wish to pursue a claim for compensation, all you need to do is give us a call. We can offer you a free consultation which can be conducted over the phone if you’d prefer. This is nothing to worry or feel nervous about and does not put you under any obligation to agree to our service afterwards. During the consultation, we will discuss the facts surrounding your case. You can ask any questions you may have regarding the whole process of making a claim, and we will gather all of the information from you about your accident. Once we have all of the information from you, we can then make a decision on the legitimacy of your claim and then advise you on what you should do next. In most cases we will offer to conduct the claim on your behalf to ensure you get the compensation you deserve. We may also offer to arrange a free local medical for you if needs be.
Before settling on an award amount, there are a number of things to take into consideration that can be included in the claim. Your overall award amount is made up of the following things:
- 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.
However, as a guide for the amount you could potentially receive for the general damages part 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.
|Reason for Compensation||Average Amount Awarded|
|Mental Anguish||Up to £4,100|
|Moderate to Severe Neck Injuries||£39,870 - £130,060|
|Minor to Moderate Neck Injuries||£2,150 -£33,750|
|Moderate to Severe Back Injuries||£34,000 - £141,150|
|Minor to Moderate Back Injuries||£2,150 - £34,000|
|Moderate to Severe Shoulder Injury||£11,200 - £42,110|
|Minor to Moderate Shoulder Injury||£2,150 - £11,200|
|Moderate to Very Severe Foot Injuries||£21,190 -£96,150|
|Minor to Moderate Foot Injuries||£2,150 - £21,190|
|Moderate to Severe Toe Injuries including toe amputations||£8,420 - £49,180|
|Minor to Moderate Toe Injuries||Up to £8,420|
|Minor Injuries where full recovery is expected within 7 days||Up to £600|
|Minor Injuries where full recovery is expected within 28 days||£600 - £1,200|
|Minor Injuries where full recovery is expected within 3 months||£1,200 - £2,150|
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 a successful claim.
We at Legal Helpline have years of experience in successfully conducting warehouse injury compensation claims. We offer excellent customer service with a number of advantages such as our free, no obligation consultation, our ability to arrange for you a free local medical and our no win no fee service.
We are a friendly, helpful and honest team that is dedicated to getting the maximum amount of compensation that we can for our clients.
You can rest assure that if you hire Legal Helpline to pursue your claims case for you, that your case will be in the best hands possible for the job.
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.
If you have injured yourself in a warehouse by slipping, tripping and falling this page gives more details on claiming compensation.
If you have injured yourself in a manual handling accident this page explains in more detail how to claim compensation for a manual handling injury.
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 movement of heavy loads.