What Damages Could You Be Awarded For A Warehouse Accident Claim?
Have you suffered an injury while at work in a warehouse? Was this injury caused by lapses in health and safety? Do you want to make a warehouse accident claim? This guide explains the personal injury accident at work claims process you could follow.
Warehouse accident claim guide
In the sections below we look at the types and causes of negligence-based injury and provide a table that shows the sort of compensation amounts that could be possible if you make a successful personal injury claim.
In addition, we explain all the evidence you will need to confidently launch a claim against your employer. Using a solicitor to help you do this can make the process a lot easier. You could start right now if you wish by:
- Speaking to our team by calling for free on 0203 870 4868
- Requesting either a ‘call back’ or using the ‘contact us‘ option
- Chatting through the ‘live support’ bottom right
- Or just read on and use the highlighted text for further details.
Select A Section
- What Is A Warehouse Accident Claim?
- Injured In A Warehouse Accident?
- Are You Eligible To Claim For A Warehouse Accident?
- What Special Damages Could You Claim?
- How To Calculate Damages For A Warehouse Accident Claim
- Find Out If You Could Make A Warehouse Accident Claim
What Is A Warehouse Accident Claim?
An accident warehouse claim is a type of action that an employee could take against their employer if they were injured due to a missing level of health and safety at work. It could be a back injury from manual handling, malfunctioning machinery, or a bad fall, slip or trip on a hazard that was not supposed to be there. Injuries could also include a brain injury, burns, or even traumatic amputation.
If you are able to prove your injuries were caused by negligence in the warehouse, it can be possible to seek two types of compensation called ‘general’ and ‘special’. We look at these in detail below and explain the best sort of evidence you can gather to support your warehouse accident claim.
A Word On Time Limits
It’s important to note that under the Limitation Act 1980 there is a three-year limit on the time allowed to start a personal injury claim. This period could start from either the date of becoming aware you were injured or the date of the accident itself. There are exemptions for young people or those unable to represent themselves, so get in touch to discuss your claim as soon as you feel ready.
How Could You Be Injured In A Warehouse Accident?
Warehouses are typically places where a lot of materials are stored and accessed. This can mean constant activity involving heavy or large objects. The need for everyone to be fully alert to their particular role is vital to supporting smooth and safe operations.
Part of an employer’s duty is to provide appropriate training and health and safety signage so that all concerned can perform their tasks as confidently as possible. If a part of this essential process is missing or inadequate, accidents could follow such as:
- Falling from an unguarded height
- Slipping or tripping on uneven floors or in poorly lit areas and suffering cuts, bruises, or fractures
- Colliding with warehouse vehicles such as forklifts or lifting devices resulting in soft tissue injuries
- Concussion or fracture caused by heavy falling objects
- Manual handling issues caused by excessive shift patterns or disregard of the Manual Handling Operations Regulations 1992
- Suffering burns to the eyes or hands because of a lack of personal protective equipment (PPE)
- Harm from inhalation of badly stored chemicals or gases.
- Carpal tunnel syndrome or Vibration White Finger (VWF) because of no sufficient breaks.
- Asbestosis or mesothelioma from contact with asbestos without the correct PPE or training.
Are You Eligible To Claim For A Warehouse Accident?
As you may be aware, a law called the Health and Safety At Work, etc Act 1974 requires all employers to operate work premises and processes as safe as possible for employees by removing or reducing hazards and risks as much as is reasonably practicable.
To be eligible for a warehouse accident claim, the employee must have evidence that shows how an employer failed to protect the employee and caused an actual physical or emotional injury. An accident that does not cause injury is insufficient to make a personal injury claim.
Furthermore, employees have a duty under Section 7 of this Act to protect themselves and others as much as possible at work. So at the outset of a warehouse accident claim, its important to ask:
- Who had a duty of care to me?
- What was the breach?
- Did that directly cause my injuries?
To provide even more help on this topic, the Health and Safety Executive (HSE) explains in great detail what is required by employers. They provide specific guidance about health and safety procedures in a warehouse setting. Also, please feel free to get in touch to talk about any aspect of your case.
What Special Damages Could You Claim?
Special damages are amounts that you can seek back as part of a successful personal injury compensation claim if you have proof of costs created by the injuries you suffered. These amounts must relate directly to the injuries and your efforts to cope with the aftermath. But the aim of special damages is to prevent you from suffering financially because of an injury that was caused by negligence.
Special Damages Calculations
Perhaps you have receipts, invoices, or wage slips that show out-of-pocket expenses to you caused by the work-related injury? Under special damages, these are used in the calculation and therefore you could include:
- Any directly related loss of earnings
- The costs of any medical needs that are not available for free on the NHS
- Travel expenses (such as petrol or parking) to essential appointments
- The costs of family, friends, or professional carers who helped you with domestic tasks or personal care
- Also, the negative impact on any work attendance bonus or pension contributions
- As well as damage to personal items during the accident (eyewear, mobile phone, etc).
How To Calculate Damages For A Warehouse Accident Claim
An impartial expert or GP can look at all the repercussions to your health and deliver a report that can be used as evidence. General damages compensation can be calculated using information from this medical report.
General damages compensate for the pain, suffering, and loss of amenity. A guideline of compensation brackets from the Judicial College can be used to attribute an amount for each. The chart below demonstrates these bracket amounts:
| Injury area | How bad? | JC Guideline bracket amounts | Notes |
|---|---|---|---|
| Shoulder | Serious (b) | £11,980 to £18,020 | Dislocations and nerve damage causing sensory issues and restricted movement |
| Elbow | Moderate or minor (c) | Up to £11,820 | Simple fractures, lacerations, tennis elbow or other injuries that cause no permannt disability |
| Head | Less severe brain damage (d) | £14,380 to £40,410 | Good overall recovery but persisting mood, memory and concentration issues |
| Back | Severe (a) (i) | £85,470 to £151,070 | Acute pain, disability and partial paralysis, impact on bladder, bowel or sexual function |
| Back | Moderate (b) (i) | £26,050 to £36,390 | Includes compression/crush fractures, continual pain and need for fusion surgery |
| Hand | Serious damage to both hands (b) | £52,310 to £79,360 | Awards reflect serious cosmetic damage and loss of functional disability |
| Hand | Serious fractures to the fingers (f) | Up to £34,480 | May require partial amputation, causing weak grip and deformity. |
| Knee | Severe (a) (iii) | £24,580 to £40,770 | Limited movement, instability, deformity and need for surgery |
| Ankle | Modest (d) | Up to £12,900 | Undisplaced fractures, sprains and scarring |
| Foot | Moderate (f) | £12,900 to £23,460 | Bone fracture leading to permanent deformity |
It’s important to note that these are guide amounts, not certified award settlements. Each warehouse accident claim will vary according to the circumstances.
Find Out If You Could Make A Warehouse Accident Claim
Perhaps you feel more confident about launching your warehouse accident claim now? With the correct medical and documented financial evidence and a clear understanding of how your employer breached their legal duty of care to you, your claim could start whenever you’re ready.
But you may have reservations about launching a personal injury claim against your employer alone? Or worried about the costs of legal representation? No Win No Fee agreements can help.
Legal contracts such as this mean that you can work with an expert at no upfront cost or any fees as the case advances. As well as this, if your warehouse accident claim fails for some reason, there are no fees to pay a No Win No Fee solicitor acting on your behalf.
A winning outcome requires a percentage amount from the settlement of a maximum of 25% to pay your solicitor to cover their service. Learn more by:
- Speaking to our team by calling for free on 0203 870 4868
- Using the ‘contact us‘ option
- Also, you can chat through the ‘live support’ bottom right
References
Below are links to other resources related to a workplace or warehouse accident claim:
- Do you have to be an employee to claim for an injury at work?
- Also, what happens if you have a workplace accident during your probation period?
- In addition to this, more details about accidents caused by inadequate training
- More information about assessing risks in warehouses
- Information from the NHS on the costs of paying for your own care as you recover
- And lastly, details about Statutory Sick Pay (SSP)
Writer FE
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