Roll Cage Trolley Accident At Work – Can I Make A Claim?
This guide will give you useful information on what to do if you suffer harm in a roll cage trolley accident in the workplace. In some cases, you may be able to seek compensation for your injuries. As you move through this guide, you will find information on the requirements that need to be satisfied in order to begin a personal injury claim, the time limits for beginning legal proceedings and the evidence you could gather to strengthen your case.
According to the Health and Safety Executive (HSE), roll cages can be used to move stock around a factory, warehouse or retail store, such as a supermarket. If there is failure to maintain or use them safely in a workplace, it could result in an accident that causes an employee to sustain harm. We will provide examples of how this could happen later on in our guide.
Additionally, we will explore the legislation that sets out the responsibilities an employer has to prevent their employees from becoming injured at work.
Our guide will conclude with information about the benefits of working with a No Win No Fee solicitor from our panel and the services they could offer to help you seek personal injury compensation.
For more information, please contact an advisor from our team. They can offer free advice and answer any questions you might have regarding your potential accident at work claim. To reach them, you can:
Select A Section
- When Could I Seek Compensation For A Roll Cage Trolley Accident At Work?
- How Could A Roll Cage Trolley Accident Happen?
- How To Prove A Workplace Injury
- Estimated Payouts For Accidents At Work
- Start Your No Win No Fee Roll Cage Trolley Accident Claim
- Learn More About Workplace Accident Claims
If you are injured in an accident involving a roll cage trolley, you may be wondering whether you could begin a personal injury claim. In order to do so, you need to prove the following:
- Firstly, your employer owed you a duty of care at the time and location of the accident.
- Secondly, there was a breach of this duty.
- Finally, you experienced physical or psychological harm as a result of this breach.
An employer’s duty of care is set out in the Health and Safety at Work etc. Act 1974, which explains that an employer must take steps that are reasonable and practicable to prevent injury to their employees in the workplace, or while they carry out their work-related duties. Some of the steps they can take to uphold their duty of care can include:
- Regularly maintaining equipment to ensure it is safe and fit for purpose. For example, if they find a fault with a wheel on the trolley, they should ensure this is fixed before the equipment is used.
- Carrying out regular risk assessments and addressing any hazards they become aware of. For example, if they find trip hazards that pose a risk of harm to employees rolling a trolley through a warehouse, they should take steps to either remove the hazard or reduce the risk it poses.
- Giving the necessary training to employees to ensure they are able to carry out their work-related tasks safely. This can include showing an employee how to stack a roll cage correctly to prevent any objects from falling off.
If your employer failed to do so, this could lead to you becoming injured in a workplace accident, for which you could have valid grounds to claim compensation.
Workplace Accident Claim Time Limits
In addition to meeting the eligibility requirements laid out above, you also need to ensure you start your personal injury claim within the limitation period. This is generally three years from the date of the accident as per the Limitation Act 1980. However, there are exceptions that can apply in some instances.
For more information on whether you have valid grounds to begin a claim for your injuries and how long you have to seek compensation, please get in touch with an advisor.
There are various ways in which a roll cage trolley accident could occur. For example:
- You might sustain a soft tissue injury to the back, neck or shoulder while manual handling, such as loading or unloading a trolley.
- You might sustain a broken or fractured bone, such as a broken hand or fractured skull due to items falling off roll cage.
- Crushed hands or feet could be sustained if a faulty wheel on a roll cage causes it to overturn.
- Broken ribs could be caused by a collision if employees aren’t provided with adequate training.
Not all accidents at work that result in an injury will form the basis of a valid claim. In order to determine whether you have a valid compensation claim, please speak with an advisor. They can provide advice relating to your specific case.
Evidence can help prove that your injuries were caused by an employer breaching their duty of care. It can also provide further details on your injuries and how they have impacted your life.
There are several steps that you can take to gather evidence and build your case. For example, you can:
- Obtain a copy of the accident report from the workplace accident book.
- Collect witness names and contact details so they can provide a statement at a later date.
- Ask for CCTV footage
- Take photographs of the accident scene and your injuries
- Get a copy of your medical records, such as X-ray scans and prescriptions
- Keep track of your treatment and any symptoms you have experienced via a diary.
- Keep a record of any financial losses, such as receipts and payslips.
A solicitor from our panel could help you gather evidence to support your claim as well as build and present your case in full. To find out whether they could represent your claim, contact an advisor on the number above. If you have valid grounds to seek compensation, they could connect you with a solicitor to begin working on your case.
There are two heads of claim that could make up your personal injury settlement. Firstly, general damages compensate for the physical and mental pain and suffering that you have experienced as a result of your injuries.
In order to calculate the value of your injuries, solicitors can refer to the guideline award brackets outlined in the Judicial College Guidelines. The table below contains some of these figures.
However, you should only use them as a guide because the unique circumstances of your case will be considered when valuing your settlement.
|Hand||Serious||£29,000 to £61,910||Injuries that have reduced the hand to half its capacity.|
|Hand||Total and Partial Loss of Index Finger||£12,170 to £18,740||This bracket covers cases where an injury to the index finger has given rise to disfigurement and impaired grip or dexterity.|
|Leg||Severe (iii)||£39,200 to £54,830||Compound or comminuted fractures that are serious in nature are included in this bracket as well as joint or ligament injuries causing several issues.|
|Head||Less Severe||£15,320 to £43,060||Whilst some problems might persist, the person will have made a good recovery and can return to work as well as partake in a normal social life.|
|Arm||Less Severe||£19,200 to £39,170||Significant disabilities may have been present but the person will have made a substantial degree of recovery or this will be expected.|
|Knee||Moderate (i)||£14,840 to £26,190||Injuries involving dislocation, a torn cartilage or meniscus that cause a mild future disability, such as weakness or instability.|
|Foot||Modest||Up to £13,740||Injuries covered in this bracket include simple metatarsal fractures and ruptured ligaments that cause ongoing issues, such as a permanent limp.|
|Shoulder||Moderate||£7,890 to £12,770||Frozen shoulder, with limited movement and persistent discomfort for around two years.|
|Back||Moderate (ii)||£12,510 to £27,760||Injuries such as ligament or muscle disturbance that cause backache.|
|Chest||Disability Over A Period Of Weeks||Up to £3,950||A soft tissue injury or fracture to the ribs that causes serious pain and disability but only for a period of weeks.|
What Is An Example Of Special Damages?
Special damages compensate for the financial losses you have experienced as a result of your injuries. For example:
- Care costs
- Loss of earnings
- Travel costs
It can be beneficial to keep a record of these losses via payslips and receipts when claiming them back.
For more information on the compensation you could be awarded following a successful roll cage trolley accident claim, contact an advisor on the number above.
The No Win No Fee solicitors from our panel could offer their services, such as helping you collect evidence and ensuring your claim is put forward within the limitation period, under a contract called a Conditional Fee Agreement. This typically allows you access to their services without having to pay at the following times:
- At the start of your claim
- While your claim proceeds
- If your case has an unsuccessful outcome
Following the completion of a successful claim, you will need to pay a success fee from your compensation. This is subject to a legal cap, however, ensuring you keep the majority of your settlement.
Contact Our Specialist Team
If you have any questions after reading, please speak with an advisor. They can provide further guidance on eligibility, compensation and time limits.
Additionally, they can perform a free assessment of your case and determine whether you have valid grounds to seek compensation following an accident at work. If you do, they could connect you with a solicitor from our panel who can begin working on your case.
To get in touch, you can:
For more of our helpful guides:
- Accidents Caused By Inadequate Training In The Workplace
- How Much Compensation Can Be Awarded For Slip, Trip Or Fall Injury Claims?
- A Guide To Fatal Accident At Work Claims
For more helpful resources:
We hope this guide has helped you understand if you have grounds to begin a claim after sustaining harm in a roll cage trolley accident. For more information, call an advisor on the number above.
Written by EM
Edited by MMI