Working in a warehouse comes with an inherent level of risk, owing to the use of machinery and the presence of heavy loads and goods vehicles. Employers have a responsibility to meet their health and safety obligations, set out by various pieces of legislation. When employers fail in this respect, leading workers to be injured, warehouse accident claims can result.
In this guide, we examine all aspects of making an accident at work claim, including the eligibility criteria for pursuing compensation, whether there are any deadlines that need to be considered, and the specific legislation that governs different aspects of workplace safety.
Our guide also takes a look at warehouse accident compensation, including whether it’s possible to claim for related financial losses. At the end of our guide, we examine the particular type of No Win No Fee contract that the solicitors from our expert panel can offer to eligible claimants and discuss how you can benefit from such an agreement.
If you have any questions on how to claim, you can use our 24-hour advisory service to connect with one of our team members. Get in touch today using any of the contact details given here:
- Call our team on 0800 408 7825.
- You can also contact us online by completing a callback form.
- Open the live chat window on your screen now.
Browse This Guide
- Can I Make A Warehouse Accident Claim?
- What Compensation Can I Get For Warehouse Or Factory Injuries?
- How Will My Warehouse Compensation Be Calculated?
- Is There A Factory Or Warehouse Accident Claims Time Limit?
- What Are The Most Common Examples Of Factory Or Warehouse Accidents?
- How Can I Make A Warehouse Injury Claim?
- Get Help From Public Interest Lawyers
- More Information
Can I Make A Warehouse Accident Claim?
Yes, you can make a warehouse accident claim if you meet the eligibility requirements. The general eligibility criteria for warehouse accident claims have been summarised here:
- Your employer owed you a duty of care.
- They caused an accident by failing to take reasonable steps to ensure your safety.
- As a result of this, you suffered injuries.
Employers must take reasonable steps to ensure employee safety, health, and wellbeing under the Health and Safety at Work etc. Act 1974. This is the duty of care that an employer owes you. You need to be able to demonstrate that your employer breached that duty, resulting in the injuries you suffered in the warehouse accident.
There are also regulations for specific industries and tasks that we’ll examine below.
The Six Pack Regulations
There are 6 regulations that provide specific health and safety standards for various contexts. While the Health and Safety at Work etc. Act 1974 establishes a general duty of care, these regulations go into greater detail on how it can be met.
The Health and Safety Executive (HSE), Britain’s national health and safety regulator, publishes guidance for employers on how these regulations can be met. We have summarised the legislation below:
- The Manual Handling Operations Regulations 1992: The need for manual handling at work must be removed wherever possible, and any unavoidable tasks must be properly assessed and the risk reduced to as low as is reasonably practicable.
- The Health and Safety (Display Screen Equipment) Regulations 1992: These regulations cover safe working with display screen equipment and include rules on rest breaks, the setting of workstations, and the provision of eye tests.
- The Workplace (Health, Safety and Welfare) Regulations 1992: Under these regulations, employers need to take steps like providing adequate lighting, ensuring temperatures are reasonable, and keeping the workplace free of obstructions, as reasonably practical.
- The Personal Protective Equipment at Work Regulations 1992: Employers must supply the necessary personal protective equipment (PPE) free of charge and ensure it is suitable for use, maintained, and replaced when necessary.
- The Management of Health and Safety at Work Regulations 1999: Per these regulations, employers must undertake risk assessments to identify hazards and implement relevant actions to either remove or control the risks.
- The Provision and Use of Work Equipment Regulations 1998: All work equipment must be suitable for its intended purpose, safe to use, and adequate training and supervision must be provided to all operators.
Can I Claim On Behalf Of An Injured Loved One?
You can claim on behalf of an injured loved one in certain circumstances. If they are unable to pursue compensation by themselves, such as if they’re a child or do not have sufficient mental capacity, you could claim for them as their litigation friend.
Litigation friends have decision-making authority over the proceedings and must act in the loved one’s best interests. While it is often a parent or guardian who takes over the claim, any adult who meets the eligibility criteria could apply to be a litigation friend, including solicitors.
Fatal Warehouse Or Factory Accident Claims
In cases where someone dies, a fatal accident claim may be made. Both the estate of the deceased and certain qualifying dependants can make a claim, but there are some restrictions:
- In the first 6 months following the death, the estate of the deceased has the exclusive right to claim for the deceased’s pain and suffering, as well as any financial losses incurred prior to death. This right is established by the Law Reform (Miscellaneous Provisions) Act 1934. A claim can also be made on behalf of any dependants.
- If no claim is made for them in those 6 months, then qualifying dependants can claim for the impact the death has had on them under the Fatal Accidents Act 1976.
To discuss fatal warehouse accident compensation claims or being a litigation friend, get in touch with our team using the details provided in this guide.
What Compensation Can I Get For Warehouse Or Factory Injuries?
The compensation you may get for warehouse or factory injuries can be made up of 2 heads of claim. These are:
- General Damages: Compensation for physical and psychological injuries will be paid out under general damages.
- Special Damages: Any related financial losses. We’ll examine this head of claim in more detail later.
When calculating general damages, solicitors can use your medical evidence in conjunction with the Judicial College Guidelines (JCG). This publication sets out guideline compensation brackets for different injuries.
A selection of these suggested brackets has been used in the table here, apart from the initial entry. We should emphasise that the information in this table is intended for guidance purposes only.
Compensation Table
| Type of Injury | Severity | Guideline Compensation Figure |
|---|---|---|
| Multiple Very Severe Injuries with Special Damages, Such as Lost Earnings | Very Severe | Up to £1,000,000+ |
| Brain/Head | Very Severe | £344,150 to £493,000 |
| Paralysis | Paraplegia | £267,340 to £346,890 |
| Pelvis/Hips | Severe (i) | £95,680 to £159,770 |
| Neck | Severe (ii) | £80,240 to £159,770 |
| Arm Amputation | Loss of 1 Arm (ii) | £133,810 to £159,770 |
| Leg (Severe) | Severe (ii) Very Serious | £66,920 to £109,290 |
| Back | Severe (iii) | £47,320 to £85,100 |
| Wrist | Less Severe (c) | £15,370 to £29,900 |
| Shoulder | Serious | £15,580 to £23,430 |
Will My Employer Have To Pay For My Compensation?
Your employer will have to pay for your compensation in a successful claim, but this won’t be paid directly from company accounts. That is because it is a requirement for most employers to have Employers’ Liability insurance, which can cover the costs of any claims made against them.
Anyone who hires workers, with limited exceptions for those who only employ abroad-based staff or a family member, must have a policy for a minimum of £5 million. So, you do not need to worry about a warehouse claim potentially impacting the business or the employment of your colleagues.
You can ask any further questions about accident at work compensation by talking to our advisors today.
How Will My Warehouse Compensation Be Calculated?
There are a number of factors that may be considered when calculating warehouse compensation. We’ve set some of these out here:
- The severity of your initial injuries.
- Whether the injuries resulted in a disability or other condition.
- What medical treatment is required and how long it takes to make a full recovery (if at all).
- Effect on your quality of life and ability to do daily tasks. This impact is referred to as a loss of amenity in warehouse accident claims.
Special Damages
Special damages can be paid out for financial harm stemming from your injuries. Examples include:
- Loss of earnings.
- Medical bills, such as for private treatments or physiotherapy.
- Care and rehabilitation costs.
- Travel expenses incurred while attending medical appointments.
- Home accessibility modifications and specialist equipment to accommodate your injuries.
- Domestic and childcare support.
You will need proof supporting these losses, such as bank statements and invoices.
Interim Payments
Interim payments allow someone to receive a portion of their compensation before a claim is settled. These payments can be awarded in cases where a claimant has an immediate need, such as upcoming costs for a rent payment or medical bill.
In order to apply for an interim payment, it will need to be shown that a claim is likely to win, or a defendant has admitted to their liability. You will also need to establish why you require an interim payment.
To get a more personalised idea of the claims process, talk to our team using the details given in this guide.
Is There A Factory Or Warehouse Accident Claims Time Limit?
There is a 3-year time limit for starting factory or warehouse accident claims, typically dated to when the incident happened. This time limit was established by the Limitation Act 1980. However, exceptions can apply if the injured person is a minor or mentally incapacitated, as neither group can claim for themselves.
For these 2 groups, time limits will only take effect in the following circumstances:
- A child turns 18, giving them 3 years in which to start their claim.
- Mental capacity returns. If that happens, then the standard 3 years will run down from the date of recovery.
As mentioned earlier, both groups can be represented by a litigation friend, who can bring a claim on another’s behalf while time limits are on hold.
You can refer to our above section on claiming on behalf of another for more information. Our advisory team are also available at any time to explain the time limits further.
What Are The Most Common Examples Of Factory Or Warehouse Accidents?
This section contains a few of the most common examples of factory or warehouse accidents that could lead to a valid claim.
Slips, Trips And Falls
These types of accidents are some of the most common causes of warehouse injuries.
- You slip and fall after your employer fails to use ‘wet floor’ signs when a water pipe bursts in the company bathroom. That leads you to suffer a serious head injury when you slip and hit the sink.
Manual Handling Injuries
Employers may be at fault for manual handling injuries if they fail to take steps like conduct risk assessments or provide appropriate training.
- You do not receive proper manual handling training, leading you to be seriously hurt when you attempt to lift a load that 2 people should have carried. As a result, you tore a ligament in your shoulder while trying to lift the box onto a storage shelf.
Crushing Or Trapping
Crushing or trapping injuries can occur when heavy objects fall or move out of place.
- Your employer doesn’t carry out routine maintenance inspections on the warehouse cranes. Due to this, a lifting cable snaps during operation, causing the load to fall and badly crush your leg.
Exposure To Dangerous Chemicals/Substances
If an employer doesn’t supply PPE or take other reasonable steps, it can lead to workers being exposed to dangerous chemicals.
- You are provided with inadequate eye protection despite being tasked with handling dangerous substances. While performing this duty, a spillage occurs and chemicals enter your eyes, causing a loss of vision and extensive burns.
These represent only a snapshot of common warehouse accidents, so please don’t hesitate to get in touch to discuss your own experience. You can contact our team at a time that suits you for a free case assessment.
How Can I Make A Warehouse Injury Claim?
To make a warehouse injury claim, you’ll need evidence showing how it meets the eligibility criteria you read about earlier. You need to prove what injuries you sustained as well as how someone responsible for your safety was at fault. We’ve provided a few evidence examples for your reference here:
- Medical records showing what harm was sustained and how serious it was.
- You have a right to request CCTV footage in which you appear.
- Photographs of your injuries and the scene of the accident can be beneficial. If you are unable to do this yourself, someone else can take pictures for you.
- If your workplace accident was recorded in an accident book, you can use a copy as evidence.
- Other workplace documents, such as training or maintenance, may also help show whether or not an employer failed to fulfil their duty of care.
- If your colleagues or members of the public saw you getting injured, they could provide a witness statement to your solicitor. Be sure to provide the solicitor with up-to-date contact information so these persons can be reached during the claim.
We understand that you may be wondering how to collect some of this evidence, but don’t worry. If you work with a solicitor from our panel, they can guide you through the process and help obtain proof for your claim.
You can find out more about proving warehouse accident claims and the work of our panel of solicitors by talking to one of our advisors.
Get Help From Public Interest Lawyers
Our team of advisors are here 24/7, ready to help at a time that suits you. They can assess your claim’s validity and connect you with a personal injury solicitor from our expert panel.
The expert solicitors from our panel have helped clients across the country claim the compensation they deserve. They can offer a range of services on top of their expertise in handling accident at work claims, including:
- Connecting you with specialists, including physiotherapists and occupational therapists.
- Providing regular updates on your claim
- Explaining the claims process and giving clear, jargon-free advice.
- Helping you apply for an interim payment.
- Building the strongest claim possible and assisting with evidence gathering.
These and many other services can be offered under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Claiming under a CFA protects you from paying solicitor fees at the beginning of and during a claim. You also will not be charged any solicitor fee in the event the claim is lost.
If you win compensation, then you’ll pay a success fee for your solicitor’s work. It is taken as a percentage of your compensation, capped at 25% per The Conditional Fee Agreements Order 2013, so most of what you get is yours to keep.
Contact Our Advisors
If you’re ready to find out if you can claim, you can reach out to our team for further guidance and a free, no-obligation case assessment. Get started today using the details given here:
- Call our team on 0800 408 7825.
- You can also contact us online by completing a callback form.
- Open the live chat window on your screen now.
More Information
You can read some of our other accident at work claims guides here:
- Check the eligibility requirements to claim if injured while working on a production line.
- Find out if you could make a conveyor belt accident claim.
- Use our accident at work claim calculator.
These external resources contain additional information that you may find helpful:
- Find out when to call 999 using this NHS resource.
- Read the HSE guidance on managing risks and risk assessment in the workplace.
- Check the government’s eligibility requirements for applying for Statutory Sick Pay (SSP).
Our team are available 24/7 via the details provided above to help you, and we want to thank you for taking the time to read our guide to warehouse accident claims.