Warehouses are essential for the storage and distribution of goods in various industries. However, the dynamic and often high-paced environment of a warehouse can also be fraught with risks, leading to accidents that can have significant impacts on workers’ health and safety.
An accident in a warehouse has the potential to lead to some very serious injuries and financial consequences as a result. If you believe that you have suffered a warehouse injury as a result of negligence, you could be eligible to make a no win, no fee basis claim for compensation. At Beacon Law, our specialist accident at work solicitors can assist you in making a warehouse accident claim, providing you with guidance and support along the way.
Common causes of warehouse accidents
Warehouse accidents can occur due to a variety of reasons. Some of the most common types of accidents which are sustained by those working in a warehouse include:
- Forklift accidents – Forklift truck accidents are one of the most common causes of injuries in warehouses. Accidents are usually caused as the result of faulty forklift trucks, the inexperience or lack of training for forklift truck operators, and manual handling accidents when loading and unloading forklift trucks.
- Slips, trips, and falls – As warehouses are usually very busy places, it is not uncommon for slip and trip accidents to occur as a result of poor housekeeping or other members of staff leaving products and equipment on the floor, posing a hazard to all members of staff.
- Manual handling accidents – Manual handling tasks are common in warehouses, and accidents can arise as a result of these tasks for many reasons. Some of the main causes of manual handling injuries include poor or insufficient training for these types of tasks, failure to complete a proper risk assessment, or lack of lifting equipment to carry out manual handling tasks.
- Dangerous substances and poor working conditions – These can cause long term health issues for many warehouse workers. Other dangerous substances may cause injuries, such as burn injuries.
- Accidents caused by defective equipment or machinery – Defective equipment and machinery can lead to many types of warehouse accidents. The most common examples include, employees getting their hands stuck in machines due to faulty or inadequate finger guards, burn or electric shock injuries from using faulty, unsafe, electrical equipment, or falls from height due to faulty ladders.
- Accidents caused by falling objects – the unsafe storage of items in a warehouse and unsafe practices can lead to many types of injuries, such as head and brain injuries.
- Accidents caused by a lack of PPE – Personal protective equipment, such as gloves and hats are required for many warehouse work tasks. If an employer fails to provide PPE, they put their employees at risk of sustaining serious injuries in the workplace.
What should I do following a warehouse accident?
If you’ve been injured in a warehouse accident during your employment, there are a number of steps which you should take:
- Seek medical attention for your injuries at a hospital or with your G.P. as soon as possible.
- You should report the accident to the warehouse manager or a supervisor as soon as possible, providing all the details of the accident. You should ensure that the details are recorded in an accident book, make sure all the details are correct, and request a copy of the accident report, if possible.
- Take photographs of the scene of the accident, including the object/ defect which caused your accident.
- Record the names and contact details of anyone who was in the area and may have witnessed the accident.
- Keep receipts for any expenses incurred as a direct result of the accident.
- Contact Beacon Law to start your claim, or to have a free, no obligation, initial conversation with one of our specialist solicitors.
Your employers’ responsibilities
The workplace should be a healthy environment where employees feel safe. Your employer has a duty of care under the ‘Health and Safety at Work etc. Act 1974′ to prevent injury at work and ensure all employees are safe in the workplace.
Additionally, the Workplace (Health, Safety, and Welfare) Regulations (1992) and The Management of Health and Safety at Work Regulations 1999 impose a duty on your employer to ensure that the work environment is always clean and maintained to a high safety standard.
Failure to comply with these regulations will mean that they are liable for any accidents in the workplace. Your employer’s obligations include a duty to:
- Provide a safe place of work which is free from hazards or defects.
- Provide adequate training to all members of staff.
- Carry out a full risk assessment of the workplace. In warehouses which employ more than 5 people, a written version of the risk assessment should be produced.
- Undertake an adequate risk assessment for all tasks carried out in the factory.
- Explain all risks and precautions to all employees.
- For manual handling tasks, a risk assessment should be carried out and lifting equipment should be provided if necessary.
- Provide safe working equipment and personal protective equipment to all staff.
- Making warehouse accident claims against an employer
It is completely normal to have concerns when making a claim for compensation against your employer. You may be concerned about your employer treating you differently or ending your employment because you have decided to make a claim against them. Your employer is not permitted to end your employment or treat you unfairly due to the fact that you are making a claim against them.
Your employer is required to have employer’s liability insurance in place to cover them for any claims brought against them. Therefore, you can rest assured that your compensation will not come directly from your employer’s pocket.
What can be recovered in warehouse accident claims?
The compensation for your warehouse accident claim will be split into general damages and special damages. General damages refer to your injuries and will take into account any pain, suffering, and loss of amenity sustained as a result of your accident.
Special damages refer to any additional losses sustained as a direct result of the accident. These losses can include:
- Loss of earnings
- Travel expenses to and from medical appointments
- Treatment costs
- Additional care and assistance required as a result of the injuries sustained in the warehouse accident.
It is difficult to predict the amount of compensation you will receive from the outset of your claim as we will require more information and evidence about the extent of your injuries.
We will value your injuries and negotiate a settlement for your injuries based on the final medical report obtained from the expert. We will use recent case law and Judicial College Guidelines to value your claim.
Making a no win, no fee claim
At Beacon Law, we offer our services on a no win, no fee basis. A no win, no fee agreement is used to fund a compensation case where the accident victim does not have the means to pay the costs involved as the case progresses.
One of the most important features of a no win, no fee agreement is that you will not be charged any fees by this firm if you are unsuccessful in your claim. If your claim is successful then our firm will take a success fee out of the compensation awarded, which is capped by law at 25% of the settlement amount.
The main benefit of making a no win, no fee claim for compensation for your injuries is that the financial risks of litigation are reduced. In most cases, you will not be required to pay any legal costs if your claim is unsuccessful.
What are the time limits for warehouse accident claims?
Before starting your claim for compensation, it is important to note that there are strict time limits on personal injury claims. From the date of the accident that caused the injuries, the injured party will have 3 years to commence proceedings for claiming compensation.
It must be noted, however, that there are some exceptions to this rule:
For example, if the claimant was under the age of 18 at the time of the incident, they have until their 21st birthday to make their workplace compensation claim. In the meantime, provided that the claimant is still under the age of 18, a litigation friend such as a parent, guardian, or close family member could claim compensation on their behalf.
Another exception to the 3 year time limit occurs when the claimant who has suffered an injury does not have the mental capacity to begin their accident at work claim. Rather than being limited to making a claim within 3 years from the date of the incident, the claimant is entitled to begin their compensation claim at any moment in time once they regain the mental capacity to do so.
Why choose Beacon Law?
If you have suffered a warehouse injury due to negligence, a compensation claim may help you to get your life back on track. Beacon Law is a leading law firm of accident at work solicitors, offering expert legal advice and a range of personal injury claim services to our clients. We provide a high level of services to all our clients and work hard to ensure they receive the appropriate treatment and highest level of compensation for their injuries.
We provide all warehouse accident claims on a no win no fee basis. This means that we can help you get the compensation you deserve without you having to worry about the costs of making a claim.
