If you were injured while working in a warehouse, you may ask, ‘How to sue for a warehouse accident?’. All employers have a legal obligation to ensure they take reasonable steps to help their employees remain safe at work. So, if yours failed to do so and you became injured, you may be able to start an accident at work claim.
Key Takeaways
- Employers must ensure their employees are relatively safe while working in a warehouse by providing protective equipment and completing safety checks.
- Obtaining evidence such as an accident report book and medical documents is important to support your claim and prove third-party liability.
- If you were partly responsible for the warehouse incident, you still may be able to start a split liability claim.
- If your claim is successful, you may be awarded compensation for your warehouse injuries and any financial losses this caused you to incur.
- Our excellent panel of solicitors at How To Sue may help you claim warehouse injury compensation on a No Win No Fee basis.
If you would like to start a warehouse injury claim today, please reach out to our friendly advisors by:
- Visiting our ‘contact us’ page
- Calling them on 0800 408 7827
- Submitting a free enquiry online via our live chat
Jump To A Section
- How To Sue For A Warehouse Accident
- What Is The Process When Suing For An Accident In A Warehouse?
- What Do I Need To Prove Negligence In A Warehouse Injury Claim?
- The Average Warehouse Injuries Compensation
- How Is Compensation Calculated For An Accident In A Warehouse?
- What Are Some Warehouse Accident Examples?
- Will An Employer Be Responsible For All Warehouse Injuries?
- How Long Do I Have To Claim For A Warehouse Accident?
- No Win No Fee Warehouse Accident Claims
- Frequently Asked Questions
- Learn More
How To Sue For A Warehouse Accident
If you were injured in a warehouse accident, you may wonder how to sue your employer for your suffering. One of the first steps you should take is contacting our advisors, who will help to determine whether you are eligible to claim.
The eligibility criteria for starting a warehouse accident claim are as follows:
- Your employer owed you a duty of care
- Your employer breached this duty
- This caused you to sustain your injuries
The duty of care for employers was established by the Health and Safety at Work etc. Act 1974. It means that your employer must take all reasonable and practicable steps to ensure your safety in the workplace. The Health and Safety Executive has also released warehousing guidance for employers to follow.
If your employer commits a negligent act or omission, they may be in breach of their duty. If you can prove this caused your warehouse injuries, you may be able to sue your employer.
This is discussed in greater detail throughout this guide.
Can I Claim If I Was Partially Responsible For The Warehouse Accident?
If you were partially responsible for the warehouse incident, you still may be eligible to claim compensation. This may be through either a split liability claim or a contributory negligence claim.
Under split liability claims, both parties share fault for the accident. Here, compensation awards are calculated based on the percentage of which you were responsible. For example, if you were 30% liable, you would receive 70% of the overall compensation you would have been awarded.
Contributory negligence claims arise if the claimant is found partially responsible for their own injuries for failing to take reasonable care of their own safety. If the defendant is able to establish this, the claimant’s compensation is deducted based on the degree to which their actions contributed to their injuries.
If you were injured in a warehouse accident, contact our friendly advisors to find out if you are eligible to claim compensation.
What Is The Process When Suing For An Accident In A Warehouse?
The process for suing for an accident in a warehouse is relatively straightforward. Some simple steps you can take include:
- Seeking immediate medical attention for treatment of your injuries and obtaining medical documents for them.
- Informing your employer of the incident and have it logged in the accident report book.
- Begin to gather evidence to support your claim (this is discussed in the following section).
- Finding legal support from a solicitor who specialises in accident at work claims, such as our panel of work injury solicitors.
To learn more about the process of suing for a warehouse accident, please contact our advisors.
What Do I Need To Prove Negligence In A Warehouse Injury Claim?
To prove negligence in a warehouse injury claim, you must obtain evidence. This is a collection of information that illustrates how the third party breached their duty of care, resulting in your injuries.
Evidence helps our panel of solicitors establish third-party liability, which is important for reaching a successful outcome of your case. Some examples of evidence that may support a warehouse injury claim include:
- A copy of the accident report book, in which the incident was documented
- A copy of your medical records that states the injuries you sustained
- A copy of the warehouse health and safety investigations and reports
- Documents from your warehouse safety training or protective equipment
- Copies of any complaints made regarding the condition of the warehouse
- Copies of prescriptions or medical scans, such as X-rays
- CCTV footage from the warehouse of your accident
- Photographs of your injuries and the accident scene
- Copies of correspondence with the third party
- Contact details of anyone who witnessed your accident
In most cases, it is relatively straightforward to find evidence to support your claim. However, if you need help with this, our panel of solicitors may assist you.
If you would like more examples of the types of evidence that may support a warehouse injury claim, please contact our friendly advisors.
The Average Warehouse Injuries Compensation
The average compensation payouts for warehouse injuries are calculated under two heads of claim, which are referred to as general damages and special damages.
The compensation for the injuries you sustained is calculated under general damages. To ensure you receive an appropriate amount, your solicitor will review your injuries from an independent medical assessor’s report and compensation guidelines from the Judicial College (JCG). The table below looks at a few figures from the JCG. This is a document that provides compensation guidance for various types of injuries. Please note that the table is only intended as an illustrative guide and the first figure was not taken from this document.
| Injury | Compensation | Explanation |
|---|---|---|
| Multiple Severe Injuries and Significant Financial Losses | Up to £1 million plus | This may be awarded if the claimant sustained multiple severe injuries, resulting in significant financial losses. |
| Very Severe Brain Damage | £344,150 to £493,000 | The top bracket may be considered if the person can follow basic commands, has recovery of opening eyes, sleeping and waking returns and has postural reflex movement. There may also be little meaningful response to their environment, little or no language function, incontinence and full-time nursing care. The level of this award depends on their life expectancy and awareness, physical limitations, a gastrostomy, sensory impairment, communication skills and behavioural problems. |
| Paraplegia | £267,340 to £346,890 | The bracket awarded to the claimant depends on their extent of pain, independence, depression, life expectancy, and sexual function. |
| Severe Neck Injuries (i) | In the region of £181,020 | This bracket may be awarded if the person sustained a neck injury that is associated with incomplete paraplegia or spastic quadriparesis that is permanent. Whether they were a 24-hour neck collar for a number of years is also considered, alongside little or no movement in their neck and severe headaches. |
| Severe Pelvis And Hip Injuries (i) | £95,680 to £159,770 | This bracket may be awarded if the person sustained extensive fractures to their pelvis and a dislocation or spondylolisthesis of the lower back joint, a ruptured bladder and spinal infusion. This may also have caused other residual disabilities such as complicated arthrodesis, limited bladder and bowel control, sexual dysfunction, and hip deformity. |
| Severe Foot Injuries | £51,220 to £85,460 | This may be awarded if the person fractures their heels on both feet, causing a substantial restriction of mobility and pain. Damage to a single foot is also considered; some examples include severe degloving injuries, extensive surgery, ulceration, heel infusion or being unable to wear ordinary shoes. |
| Arm Injuries Causing Disablement that is Permanent and Substantial | £47,810 to £73,050 | The claimant may be awarded this if they sustained serious fractures to one or both forearms, causing permanent residual disability, either cosmetic or functional. |
| Severe (iii) Leg Injuries | £47,840 to £66,920 | This may be awarded to a claimant who suffers serious compound or comminuted fractures or injuries to their joints or ligaments that caused instability, scarring or arthritis. This may require prolonged treatment or prolonged non-weight-bearing. |
| Partial Hearing Loss and/or Tinnitus (i) | £36,260 to £55,570 | This may be awarded if the claimant suffers from moderate tinnitus and hearing loss or a severe form of one kind. |
| Multiple Fractures of Facial Bones | £18,180 to £29,220 | This may be awarded if the claimant sustained multiple facial fractures causing some permanent deformity. |
If you would like more examples of warehouse injury compensation amounts or to discuss any elements of how to sue for a warehouse accident, please contact our advisors.
How Is Compensation Calculated For An Accident In A Warehouse?
Alongside your injuries, your compensation for a warehouse accident may also be calculated based on any financial losses your injuries caused you to incur. This is completed under the head of claim special damages.
Some examples of special damages associated with a claim for a warehouse accident include:
- Lost wages for any time you took off work to recover
- Lost work benefits such as bonuses and pay rises
- Payments for new protective clothes or equipment
- Medical costs for private treatment or prescriptions
- Costs for mental health services such as counselling
- Travel costs to get to and from appointments
- Supportive equipment costs, such as a wheelchair
- Childcare costs if you require additional support
When claiming special damages, you should collect evidence of your losses. This may include payslips, bank statements or bills.
If you have any questions regarding the calculation process of warehouse accident claims, please contact our helpful advisors.
What Are Some Warehouse Accident Examples?
There are many ways an accident may arise in a warehouse, especially if an employer’s duty of care is breached. Some examples of such accidents include:
- Falling objects. For example, an employer may have failed to complete a risk assessment on an unsteady shelf containing boxes. If an employee was hit by a heavy box that fell, they may be eligible to claim compensation.
- Manual handling accidents. For example, an employer may have asked their employee to lift a heavy crate without sufficient training or support. If this caused them to sustain a back injury, they may be eligible to start a claim.
- Slips, trips and falls. For example, an employer may have failed to place a wet floor sign near a spillage. If an employee was not aware of this and slipped, sustaining a leg injury, they may be eligible to claim.
- Machinery accidents. For example, an employer may ask an employee to use the forklift truck without clearing their path. The employee may drive over a crate that was left on the ground, causing the truck to overturn. If this resulted in the employee’s crush injuries, they may be entitled to compensation.
If you can prove that your employer was at fault for injuries caused by a workhouse accident, you may be eligible to start a claim. Speak to one of our advisors about how to sue for a warehouse accident today.
What Injuries Could Be Sustained In A Warehouse Accident?
Warehouse accidents may result in employees sustaining numerous injuries. Depending on the extent of the accident, they may be minor or catastrophic. Some examples of the injuries such accidents may cause include:
- Crush injuries
- Broken or fractured bones
- Head and brain injuries
- Facial injuries
- Injuries to their senses
- Spinal injuries and paralysis
- Laceration and scarring
- Psychological harm
Regardless of the type of injury you sustained in a warehouse accident, you may be eligible to claim compensation for it if your employer was at fault. If you were injured in a warehouse accident, discuss this with our advisors to find out if you are entitled to compensation.
Will An Employer Be Responsible For All Warehouse Injuries?
Anyone may be held responsible for a warehouse injury. However, an employer may be at fault if they were in breach of their duty of care.
An employer’s duty of care is established under the Health and Safety at Work etc. Act 1974. They have a legal obligation to take reasonable steps to ensure their employees remain healthy and safe at work. This applies to those operating in warehouses.
- Failing to complete warehouse risk assessments
- Failing to provide personal protective equipment (PPE) or training
- Ignoring warehouse hazards or safety complaints
- Failing to address unsafe working conditions
If you can prove that your employer breached their duty of care, resulting in your injuries, they may be held liable in a warehouse accident claim. However, if your employer took all reasonably practicable steps and you were still injured, you may not be able to claim, or your claim may be against a different party.
If your employer was responsible for your injury, please get in touch with our advisors to learn more about how to sue for a warehouse accident.
How Long Do I Have To Claim For A Warehouse Accident?
You typically have 3 years to claim compensation for a warehouse accident. This period will generally commence on the date you sustained your injuries. Therefore, you should keep a record of this date to avoid exceeding the limitation period.
This time limit is applied to the majority of accident at work claims under the Limitation Act 1980. However, it may be indefinitely paused if the claimant lacks mental capacity and cannot independently start a claim. If the claimant redevelops their mental ability, the time limit may commence on the date they received knowledge of this. Additionally, if a minor under the age of 18 suffers a workplace injury, the time limit is paused until their 18th birthday because children cannot manage the claims process independently.
If you have any questions regarding the time limit for starting a warehouse accident compensation claim, contact our helpful advisors.
No Win No Fee Warehouse Accident Claims
There are many benefits to starting a warehouse accident claim with our excellent panel of solicitors. One of these is that they offer legal support on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This means that you will not have to worry about paying upfront fees for your solicitor’s work.
If your warehouse accident claim is successful, your solicitor will request a success fee for their time working on your claim. However, under a CFA, this will be taken as a small and legally capped percentage of your compensation. If your claim is not successful, your solicitor will not take a success fee.
There are multiple benefits of claiming with our panel of solicitors at How To Sue. For example, they will:
- Explain the process of warehouse accident claims
- Provide specialist legal knowledge and expert advice
- Walk you through each stage of the claims process
- Help you obtain evidence to support your claim
- Set you up with an independent medical assessment
- Help you apply for interim payments for medical costs
- Negotiate settlements with third parties on your behalf
At How To Sue, our panel of solicitors take pride in providing an exceptional service. Therefore, they will utilise their skills and experience to try and help you settle within a reasonable period of time.
Contact Our Advisors
If you have any questions regarding how to sue for a warehouse accident or would like to start a claim today, please contact our advisors by:
- Visiting our ‘contact us’ page
- Calling them on 0800 408 7827
- Submitting a free enquiry online
Frequently Asked Questions
Here are the answers to some of our most frequently asked questions regarding accident at work claims.
Can I Be Sacked If I Sue For A Warehouse Accident?
Overall, no, you cannot be sacked if you sue for a warehouse accident. If you were injured in a warehouse accident, you may wonder if you will be sacked by your employer for starting a workplace accident claim. However, you have a legal right to do so.
Your employer may have the right to terminate your employment if you were fully or partially responsible for the workplace accident. However, if your employer was liable and sacked you, this may be considered an unfair dismissal.
Can I Sue If I’m A Sub Contractor Or Self Employed?
If you sustained an injury at a warehouse while working self-employed or as a subcontractor, you may be eligible to claim compensation. Such individuals are recognised under Section 3 of the Health and Safety at Work etc. Act 1974, and must take reasonable care of their health and safety. Any organisation that hires them are also required to do the same.
Can I Still Sue If I Was Visiting The Warehouse?
If you sustained an injury while visiting a warehouse, you may be eligible to claim compensation under Section 4 of the Health and Safety at Work etc. Act 1974. This is because a duty of care is placed on those who control the premises. As such, they must keep the area reasonably safe for anyone visiting.
Can I Sue On Behalf Of A Loved One?
If a loved one was injured in a warehouse accident and they lack mental capacity, you may be eligible to start a claim on their behalf. In doing so, you will be acting as a litigation friend. Anyone above the age of 18 may take on this role if they act in the best interests of the claimant.
Will I Have To Go To Court If I Sue For A Warehouse Accident?
Courtroom proceedings are generally a last option for accident at work claims. They are often resolved through negotiations, which take place outside of court. However, such proceedings may be required if:
- Your employer denies liability
- Your case is particularly complex
- There are disagreements over settlements
No matter how complex your warehouse injury claim is, our panel of solicitors will try to resolve the dispute outside of the courtroom.
How Long Will I Take To Settle A Warehouse Accident Claim?
The time it takes to settle a warehouse accident claim depends on a variety of factors, such as:
- The complexity of your warehouse accident claim
- Whether you are still receiving treatment for your injuries
- The gathering of evidence to support your claim
- The time it takes to negotiate a compensation settlement
- Whether your employer has admitted or disputed liability
- Whether your claim is settled through legal court proceedings
No matter how complex the circumstances of your claim are, our excellent panel of solicitors will utilise their legal skills to try to reach a settlement within a reasonable timeframe.
Learn More
If you would like to learn more about accident at work claims, please read the useful guides that are linked below.
- Learn how to claim for a minor workplace injury
- Information on how to sue your employer
- A guide explaining who fills in an accident report book
References:
- Information on industrial injury disablement benefits, GOV.UK
- Find out if you are eligible for statutory sick pay, GOV.UK
- Find your nearest urgent treatment facility, NHS.UK
We appreciate you taking the time to read our guide, which explains how to sue for a warehouse accident. We hope that you found this helpful.