No Win, No FeeIn recent years, as warehouses have got bigger, technological advances mean that many have also become a lot more efficient. Even with a lot more automation, though, accidents in warehouses still happen. As warehouse operators have a legal duty to keep their staff safe, any mistakes that lead to injuries could lead to a warehouse accident claim.
We have a team of claims advisors available to help you understand your options by offering a free consultation during which they will discuss your claim with you, review any proof you might have and explain your chances of being compensated. If they are high enough, you could be represented by a personal injury lawyer on our panel. If that happens, you won’t need to pay any legal fees upfront as they’ll manage everything on a No Win, No Fee basis.
To learn more about how warehouse accident claims work, please read on. If you’d rather speak to us straight away, please call on 0800 652 1345 today.
Am I Entitled to Compensation for an Accident in a Warehouse?
If you work in a warehouse, your employer will have a legal duty to try and keep you safe at work. This duty stems from the Health and Safety at Work Act 1974. Also, warehouse operators have to prevent harm to visitors, customers and anyone else on their premises because of the Occupiers Liability Act 1984.
As such, a warehouse accident claim may be possible if:
- The defendant (the warehouse owner or operator) was negligent; and
- An accident happened in the warehouse as a result; and
- You were injured because of the accident.
If you claim with one of our solicitors, you won’t need to know the intricacies of the legislation listed above. However, you can still make it easier to win your claim by providing supporting proof. We’ll look at what this might include later on.
Common Examples of Warehouse Accident Claims
A warehouse accident claim typically involves incidents where employees are injured due to the negligence of their employer. Common examples include:
- Slips, Trips and Falls: These can occur because of leaks, spillages, cables laid across walkways and cluttered warehouses.
- Falls from Height: Resulting from damaged, poorly maintained or unsafe platforms or ladder accidents.
- Manual Handling Injuries: Caused by regularly moving awkward or heavy loads manually.
- Falling Objects: Items that are not stacked securely or stored on damaged racking can cause serious injuries if they fall onto a warehouse worker.
- Forklift Accidents: Resulting from dangerous driving, untrained staff or poorly maintained vehicles.
- Noise-Induced Hearing Loss: Due to being exposed to excessive noise levels for prolonged periods.
If you’ve had an accident in a warehouse and believe you should receive compensation for your injuries, please speak to us today.
What Types of Warehouse Injuries Can I Claim For?
Some of the most common injuries to warehouse staff that may result in compensation include:
- Crush injuries.
- Broken or fractured bones.
- Concussions and other types of head injury.
- Repetitive Strain Injuries (RSI).
If you’re injured in a warehouse, it could lead to a short-term injury that heals in a matter of weeks or months. However, some life-changing or life-threatening injuries can also be sustained in warehouse accidents. If your claim is taken on by one of our solicitors, they’ll aim to secure the maximum compensation needed to cover your suffering.
What Evidence Do I Need for a Warehouse Accident Claim?
After an accident in a warehouse, you probably won’t be thinking about a compensation claim right away. However, if you do decide to claim at a later date, taking some of the following actions after the accident could provide valuable proof:
- Report Your Accident: It’s important to tell your supervisor about your accident as soon as possible. Legally, they’ll need to note it in the company’s accident report book. You’re entitled to a copy of the report which will help to prove when and where you were injured.
- Seek Medical Support: Don’t rely on first aid following a warehouse accident. Instead, visit your GP or a hospital to ensure your injuries are diagnosed properly and treated accordingly. Medical records could be obtained later to support your claim.
- Speak To Colleagues: If anyone else saw you get injured, ask for their contact details in case your solicitor needs to ask them for a witness statement later on.
- Take Photographs: We’d suggest that you take as many pictures of the accident scene as possible. If you can, do this before the scene is cleared.
- Ask for CCTV Footage: If your accident was captured on the warehouse’s CCTV systems, ask for a copy of the footage. This should be a priority as most companies delete old data within a month or so.
- Write a Statement: To help you remember what happened, it’s a good idea to write down as much as you can. This should include the date, time and location of the warehouse accident. Additionally, you could keep a record of any costs you’ve incurred as a result of the accident.
In addition to the forms of proof listed here, your solicitor might request a copy of any Health and Safety Executive (HSE) investigation as some warehouse accidents will need to be reported to them.
If you’ve managed to secure any proof to support a warehouse injury claim, please let us know when you call as it could improve the chances of your claim being taken on.
How Will My Solicitor Know How Seriously I’ve Been Injured?
It is important that your solicitor has a full understanding of how your injuries have and will affect you in the future if you’re to be compensated fairly. To help with this, all warehouse accident claims should be supported by an independent medical assessment.
Usually, this will involve your solicitor arranging a local meeting with a medical specialist. They’ll refer to your medical notes, examine your injuries and ask questions about them to determine your prognosis. They will then file a report with your employer and their insurer. This will usually form the basis of any compensation awarded.
What Is the Time Limit to Make a Warehouse Accident Claim?
In the UK, there is a 3-year time limit for any type of personal injury claim. For injuries sustained in a warehouse accident, you’ll have 3-years to claim from:
- The date your accident in the warehouse occurred; or
- When your injury was diagnosed by a doctor and linked to your employment.
There is quite a lot of work involved in making a personal injury claim so we’d suggest starting the process asap. Doing so gives you plenty of time to find the proof to support the claim and for your solicitor to arrange a medical assessment.
How Much Compensation for a Warehouse Accident Can I Claim?
There are two types of damages used when calculating compensation for a warehouse accident claim. They are general damages which account for the suffering caused by your injuries, and special damages to compensate you for any financial losses associated with your injuries.
While no two warehouse accident claims are the same, in theory, you could be compensated for:
- Physical pain at the time of the accident and any ongoing suffering.
- Stress, anxiety, depression and other forms of psychological injury.
- Loss of enjoyment of any hobbies, family activities or social events your injuries prevents you from participating in.
- Medical expenses such as the cost of physiotherapy.
- The cost of a professional carer or the time a loved one spent supporting you through your recovery.
- Fuel, parking and other transport costs (associated with hospital visits for instance).
- Modifications to your home such as lifts, hoists or ramps if you’ve sustained a long-term disability.
Crucially, warehouse claims can take into account any future suffering or losses too. For instance, if you’ll need to be cared for at home for any amount of time after your claim has been processed, this should be factored into your settlement.
Can I Claim for Loss of Earnings Due to a Warehouse Accident?
It may be possible to claim back any earnings you’ve lost as a result of a warehouse accident. The same is true if you’ve missed out on any overtime or bonuses.
To prove your losses, you will need to provide financial evidence which could include copies of your recent pay slips or bank statements.
For more serious and long-term injuries, you might also be entitled to claim for future loss of earnings.
Will I Need a Solicitor to Claim Warehouse Accident Compensation?
Even if your employer seems to have accepted the blame for your warehouse accident, liability could be contested by their insurance provider. They might also pose complex and technical legal or medical questions while negotiating. As such, while it is possible to claim alone, a solicitor who specialises in workplace accidents could make the claims process much easier and could even result in a higher settlement amount if the claim is won.
We know that claiming compensation for injuries against an employer can be stressful. That’s especially true when you consider the cost of legal fees associated with some claims. For that reason, our solicitors provide a No Win, No Fee service for any warehouse accident claim they accept.
Knowing that you won’t pay legal fees unless you receive a compensation payout usually reduces stress levels quite a lot.
Once you’ve signed your No Win, No Fee agreement, your solicitor will act quickly to:
- Work with you to secure proof to support the claim.
- File the claim with the warehouse operator or their insurer.
- Arrange for you to have a medical assessment.
- Communicate on your behalf so you won’t have to deal with any complex questions.
- Fight your corner to try and secure a fair compensation settlement.
If your claim is won, up to 25% of your compensation will be retained by your solicitor as a success fee. This is capped legally and the amount you’ll pay will be clear from the outset as it will be listed in your No Win. No Fee agreement.
Warehouse Accident Claims Frequently Asked Questions
What Happens if My Warehouse Accident Was Caused by Faulty Equipment?
Warehouse operators have a legal duty to ensure all equipment is properly maintained and to address any faults promptly. Consequently, if you were injured due to faulty equipment, you may be able to file a warehouse accident claim.
For instance, you might be eligible to claim if a defective forklift had malfunctioning brakes, causing it to collide with you and result in serious injuries.
Will I Be Sacked for Claiming Compensation?
It is right and fair that you are compensated for an injury you sustain at work because of your employer’s negligence. However, many potential claimants fear that they’ll lose their job if they sue their boss.
However, employment rights are in place to protect you from being fired, demoted, disciplined, prevented from promotion or stopped from working overtime as a result of a warehouse accident claim.
If any of the above were to happen on the basis of an honest personal injury claim, you may also have grounds to sue for constructive or unfair dismissal.
Can I Claim if I Was Injured Whilst Visiting a Warehouse?
It’s important to point out that warehouse operators must try to protect customers and visitors to the warehouse as well as their staff. This might be relevant, for instance, if you were making a delivery to a warehouse and were injured in the process because a member of warehouse staff was negligent. As such, you may be entitled to claim compensation.
Start a Warehouse Accident Compensation Claim Today
We can help if you’d like to know if you’re entitled to compensation for a warehouse accident. Simply call our advisors on 0800 652 1345 to start the ball rolling. During the call, you’ll receive no-obligation legal advice about your next steps.
After your claim has been reviewed, we’ll check to see if one of our personal injury solicitors will represent you. If they agree to help, they’ll manage your claim on a No Win, No Fee basis.
You can connect to our live chat service at any time if you have any more questions about warehouse accident claims.
