How Much Compensation For Warehouse Accident Claims
Warehouses across the country prepare, store and transport a huge volume of goods every day, and warehouse accident claims can arise from a range of circumstances. The use of machinery, the presence of heavy loads and potentially hazardous substances all contribute to the risk of injury, so we’ve made this guide to explain when you could claim and what to do following such an incident.
We cover key areas including the duty of care owed by employers, the so-called “six pack regulations”, and what criteria need to be met in order to claim. You’ll also see information on the time limits and a compensation table explaining what could be paid out.
In our final section, we look at the No Win No Fee contract offered by our panel of solicitors.
You can get your free eligibility assessment today by using any of the contact details given here:
- Call us on 020 3870 4868.
- You can also contact us online by completing a callback form,
- Open the live chat window at the bottom of your screen.
Browse This Page
- Who Can Make Warehouse Accident Claims?
- Understanding The Six Pack Regulations
- Common Examples Of Warehouse Accident Compensation Claims
- How Much Warehouse Injury Compensation Could I Get?
- Will My Claim Have A Financial Impact On My Employer?
- What Should I Do After A Warehouse Accident?
- Finding The Right Solicitor With UK Law
- Learn More
Who Can Make Warehouse Accident Claims?
Warehouse accident claims can, potentially, be made by anyone injured while working in a warehouse. The key thing to prove is that your employer owed you a duty of care, and this duty was breached in some way, causing the accident to occur.
A duty of care refers to a legal responsibility for others’ safety. The overall duty of care owed by employers is set out in the Health and Safety at Work etc Act 1974 (HASAWA), which states that reasonable steps must be taken to ensure the safety of the workforce.
As you’ll see below, there are more specific regulations governing different safety features, such as protective clothing and the use of equipment. However, the general eligibility criteria for a personal injury claim have been summarised here:
- Your employer owed you a duty of care.
- This duty was breached in some way.
- That breach caused an accident in which you were injured.
Can I Still Claim If I Was Partly To Blame?
You can very much still claim if you were partly to blame for the accident. This is called split liability. In split liability cases, the award payout is reduced by the percentage the injured person is deemed responsible. So it was proven that the fault was 50/50 between you and your employer, your payout would be reduced by 50%.
What If I Wasn’t Wearing PPE?
If you were not wearing PPE when you should have been, but had nothing to do with the cause of the accident, this is known as contributory negligence. While the accident was not your fault, your actions made your injuries worse than they otherwise would have been.
Am I Able To Claim On Behalf Of A Loved One?
You can claim on behalf of a loved one if they are unable to claim for themselves, such as if they’re under 18 or lack sufficient mental capacity to claim for themselves. Claiming on behalf of another requires you to be appointed as their litigation friend.
Litigation friends have decision making powers over the claim, and are obliged to act in the injured person’s best interests. We should mention you do not have to be a family member or guardian of the injured person to be their litigation friend. Any suitable adult may be appointed.
Fatal Warehouse Accidents
In the event of fatal warehouse accidents, the estate of the deceased has the sole right to make a claim for the pain and suffering as well as any financial losses incurred by the deceased prior to their death. The estate can also claim on behalf of dependents.
If no claim is made within 6 months, qualifying dependents can claim for the impact the death had on them.
You can get a free consultation on the eligibility criteria in warehouse accident claims as well as ask any questions about the circumstances of your particular claim by talking to our advisors today.
Understanding The Six Pack Regulations
The “Six Pack Regulations” is an umbrella term for 6 different pieces of legislation governing health and safety in the workplace. HASAWA provides the overall duty of care for employers, but these regulations provide specific rules and requirements on the safety procedures for different work activities.
The Six Pack Regulations are:
- The Management of Health and Safety at Work Regulations 1999: impose requirements for identifying hazards, risk assessment and taking action to remove or control hazards.
- The Manual Handling Operations Regulations 1992: employers must remove hazardous manual handling wherever possible, and reduce the risks of unavoidable operations to as low as reasonably practicable.
- The Health and Safety (Display Screen Equipment) Regulations 1992: regulations on working safely with display screen equipment such as taking breaks, office set up and making accommodations for medical conditions.
- The Workplace (Health, Safety and Welfare) Regulations 1992: provisions for a range of basic measures such as maintaining premises and equipment, installing safety infrastructure and keeping walkways free of obstructions.
- The Provision and Use of Work Equipment Regulations 1998: sets out the rules on providing equipment that is fit for purpose, safe for use and ensuring staff have adequate training.
- The Personal Protective Equipment at Work Regulations 1992: any protective clothing must be fit for purpose, stored and maintained properly, and employees must be instructed in how to use it safely.
The Health and Safety Executive (HSE) offers guidance on all of these regulations to ensure employers both know what their legal duties are and how to meet them. The HSE regulate and monitors workplace health and safety in Great Britain. Employees should also be familiar with the relevant regulations for their fields. If you believe your employer breached certain regulations and caused you to be injured, contact our advisors today using the details provided below.
Common Examples Of Warehouse Accident Compensation Claims
Having examined the regulations, here are a few examples of how failing to uphold them can result in incidents where warehouse accident claims could be made:
- You were not provided with appropriate head protection and were struck on the head by a forklift during loading.
- A lack of maintenance on the warehouse cranes resulted in a cable snapping while goods were being lifted. The falling object badly crushed your leg.
- Guard rails had not been placed on the upper walkways. You lost your footing and fell to the ground, causing multiple broken bones.
For a free assessment of your eligibility to claim compensation following a warehouse accident, contact our advisors via the details provided below.
How Much Warehouse Injury Compensation Could I Get?
How much warehouse injury compensation you could get depends on the severity of your injuries and the impact on your day to day life. There are two heads of claim under which compensation can be awarded in an accident at work claim:
- Physical and psychological harm in warehouse accident claims is compensated under general damages.
- Financial losses under special damages. More on this below.
Solicitors can use your medical evidence alongside the guidelines from the Judicial College. Referred to as the JCG, this publication establishes compensation brackets for an extensive range of injuries. We used some of these figures, apart from the top entry in our table here:
Compensation Table
This information has been included to act as guidance only
| Type of Injury | Severity | Guideline Compensation Figure |
|---|---|---|
| Multiple Very Serious Injuries with Special Damages | Very Serious | Up to £1,000,000 + |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Moderately Severe (b) | £267,340 to £344,150 | |
| Epilepsy | Established Grand Mal (a) | £124,470 to £183,190 |
| Established Petit Mal (b) | £66,920 to £160,360 | |
| Chest Injuries | Some Continuing Disability (c) | £38,210 to £66,920 |
| Simple Injury (d) | £15,370 to £21,920 | |
| Other Arm Injuries | Less Severe Injury (c) | £23,430 to £47,810 |
| Simple Fractures of the Forearm (d) | £8,060 to £23,430 | |
| Less Serious Leg Injuries | Less Serious (c)(i) | £21,920 to £33,880 |
| Less Serious (c)(ii) | £11,120 to £17,180 |
What Can Compensation Help Me With?
Compensation is not just for your injuries, it is also for the financial losses caused by them. Special damages payments aim to account for the impact on your day to day life the accident had and help the injured person come to terms with and cope with their injuries.
This means special damages payouts tend to be a lot higher than anything awarded for the injuries themselves. Examples can include:
- Loss of earnings due to time taken off work.
- A loss of future earnings because of reduced working hours or an inability to return to work.
- The cost of private healthcare, prescription medications or counselling sessions.
- Travel expenses if you are unable, or have been medically advised not to drive.
- Care expenses, including caring for dependents, meal prep, cleaning and home maintenance, if you are unable to carry out these duties safely on your own.
- Home modifications. For example, access ramps, modified showers and stairlifts.
You’ll need to prove these losses occurred, so make sure you have copies of any documents (payslips, receipts, prescription letters) as evidence of these costs.
You can find out more about claiming in your particular circumstances by contacting our advisors. Our team is available 24 hours a day using the contact details given below.
Will My Claim Have A Financial Impact On My Employer?
We understand this. The accident was not your fault and you want to claim but are concerned about the financial impact this could have on your employer and whether or not your job will be at risk.
You do not need to worry however. Employers are meant to take out specific policies, called employers’ liability insurance, to cover the costs of any claims that employees make. This means any payout will come from the insurer, not the company’s own accounts. It is a legal requirement to have employers’ liability insurance. It also recommended that companies take out a public liability insurance policy to cover any claims made by non-employees, but this is not mandatory.
You can ask any further questions on employers’ liability insurance by talking to our advisors today.
Can My Employer Fire Me For Claiming?
No. Your employer cannot fire you for claiming. Employers need to demonstrate when dismissing employees that a fair and reasonable procedure has been followed, and they have a justifiable reason for doing so.
These reasons are:
- Redundancy: where a position is no longer required.
- Gross misconduct: an employer’s behaviour means the employer has no choice but to let them go.
- Legal restriction: there’s a legal reason why the employee can no longer work. For example, a delivery driver who has been banned from driving.
- Capability: if an employee is unable or not qualified to carry out their work.
- Other substantive reasons: various situations are covered under this final point.
If an employer cannot provide a valid reason for the dismissal or show that they have followed a fair and reasonable policy, this can constitute a discriminatory practice. Seek legal advice immediately if you believe you are being dismissed due to making a claim. We iterate that you cannot be sacked for having an accident at work, unless your own gross misconduct was the cause.
What Should I Do After A Warehouse Accident?
Below, we have set out what you should do after a warehouse accident. These steps are not only to protect your health but also ensure you can prove your employer was at fault for the accident.
Steps to take after a workplace accident include:
- Get medical attention: Professional medical attention should be sought after every accident, even if your injuries seem minor. As well as protecting your health, the records of this treatment are useful evidence for your claim.
- Report the accident: inform your employer that an accident has occurred, and make sure the workplace accident book is completed. It is important to have a formal company record of any incidents. The assigned responsible person should check the report if they have not completed it themselves.
- Gather evidence: CCTV footage, training logs, photographs of your injuries and the site of the accident can all help prove employer liability when making a claim. You can also provide your solicitor with the contact information of potential witnesses.
- Call UK Law for a free eligibility assessment: Our advisory team can provide further guidance as well as an evaluation of your potential claim for no charge.
Is There A Time Limit To Claim?
The time limit to claim is usually 3 years from the accident date as set out by the Limitation Act 1980. Exceptions to this are made for children and those without the mental capacity to claim. You can find out more about the exceptions to the time limits, and get your potential claim’s validity assessed
Finding The Right Solicitor With UK Law
Finding the right solicitor with UK Law is as easy as giving us a call. Simply tell our friendly advisors about your accident, they’ll ask a few questions, and if you have a valid claim, they’ll connect you with a highly experienced solicitor from our panel who suits your needs.
The solicitors on our panel can offer their service on a strictly No Win No Fee basis with a contract called a Conditional Fee Agreement (CFA). This contract protects you from solicitor fees both at the start and during your claim. If you lose, there are no fees to pay for the work your solicitor put in on your claim.
In the event of a successful claim, however, a success fee is taken from your compensation by the solicitor. The Conditional Fee Agreements Order 2013 imposes a binding cap on the percentage, so most of whatever is paid out is yours to keep.
Contact Our Panel
To ask any further questions, or to get your zero cost eligibility consultation talk to our team today using the details given here:
- Call us on 020 3870 4868.
- You can also contact us online by completing a callback form,
- Open the live chat window at the bottom of your screen.
Learn More
Read more of our personal injury claims guides:
- Find out if you could make a scaffolding accident claim here.
- Read our guide on how much compensation can be awarded for an office accident claim and find out how these payouts are calculated.
- Find out what to do if your workplace is denying liability and how our panel of expert solicitors can help.
We have also provided these additional resources that you may find helpful:
- The NHS has published this resource on providing first aid after an incident.
- See the latest statistics for non-fatal injuries at work from the HSE.
- You could be entitled to Statutory Sick Pay (SSP) following a workplace accident. Check the eligibility requirements on this government page.
Thank you for taking the time to read our warehouse accident claims guide.
