Warehouse Accident Injury Claims

If you work in a factory or warehouse, the stark reality is you’re probably at a higher risk of personal injury than in most other work settings. Even so, employers have a duty of care to protect workers from health and safety risks. If you’ve been injured in a warehouse accident and it was someone else’s fault, you could be entitled to bring a personal injury claim.

Unfortunately, the reality is that warehouse accidents can and do happen, but in most cases they are avoidable. Whether you’ve sustained serious injuries or minor soft tissue injuries, you can make a warehouse injury compensation claim if your employer breached its duty to minimise the risk of a warehouse accident.

For free legal advice about whether you can bring a no win no fee warehouse injury claim, get in touch with a legal adviser on 0800 234 6438 – or submit your name and number using the form on this page to request a call back to discuss the personal injury claims process.

Factories and warehouses are typically relatively high-risk workplaces. But while historically they were extremely dangerous places for the average worker – that is most definitely not the case in the 21st century where the incidence of personal injury is markedly reduced.

Today’s workplaces here in the UK are significantly safer. Health and safety legislation dating back to 1974 was introduced, at least in part, precisely because of the dangerous conditions many warehouse workers were expected to work in. The law now imposes on employers specific responsibilities to provide workers with a working environment which is safe and as free of the risk of personal injury as possible.

However, things can go wrong and workers can get injured in factory and warehouse accidents caused by negligence – leading to employers facing workplace injury claims. Whether the result of a forklift truck accident or slipping on liquid – if you have suffered injuries from a warehouse accident a through no fault of your own, you should be able to make a compensation claim.

For free legal advice about bringing a warehouse accident claim on a no win no fee basis, get in touch with a legal adviser on 0800 234 6438 – or submit your name and number using the form on this page to request a call back.

Just about any kind of workplace injuries can be caused in a warehouse given the nature of these workplaces. That said, these are some of the most common warehouse injury:

• Foot and toe injuries
• Broken bones
• Soft tissue injuries
• Manual handling injuries
• Carpal tunnel syndrome and repetitive strain injuries
• Serious injuries such as back, neck and head injuries
• Conditions such as noise induced hearing loss and lung disease

Sadly, there are cases where a serious injury/fatal accident occurs in a factory or warehouse. Even in these tragic but avoidable cases, personal injury compensation for death/personal injuries can be brought by the family.

It’s a sad reality that a factory or warehouse accident does happen from time to time, frequently leading to accident claims. Some workers suffer serious injury which can prove life-changing, while other injuries are less serious – broken bones, back injuries or just cuts and bruises.

Machines and other equipment are an integral part of warehouse operations but are also inherently dangerous. Most factories cannot operate without machines and other electrical tools, but with machines comes a heightened risk of injury. Similarly, warehouses rely heavily on machines, including forklift vehicles and packers. Their use can lead to accident and potentially serious injury/fatal accidents.

However, all employers have a legal responsibility ensure the safety of their workforces from an accident at work. If they have failed in their duty the risk of accident and warehouse injuries increases, it’s only fair that warehouse accident victims should be entitled to bring injury claims for compensation.

A warehouse accident includes any accident that occurs in these types of settings. There are vehicles and machinery; pallets and package; and all manner of other potentially dangerous hazards that can cause an accident in a warehouse. Robots are also increasingly used in factories as technological advances continue to transform business. In fact, Amazon installed robots into its warehouses back in 2012, though there have been reports of a rise in accidents involving robotic picking and handling of goods.

The fact is, however well-designed and programmed these valuable forms of artificial intelligence are, errors can still arise. Sometimes, they can cause injuries which were avoidable, and injured workers can then make warehouse accident claims. If you’ve suffered a warehouse injury following an accident in a warehouse and someone else was at fault, you should be able to bring an injury claim against your employer.

When you think of the tools, equipment, pallets and vehicles used in factories and warehouses, it’s clear that there many potential risks of accident to workers and site visitors. Below are the typical causes of warehouse accident resulting often in personal injury claims:

• Irregular inspection and maintenance of machinery and tools – this increases the risk of a machine malfunction, causing potential injuries.
• Falling objects – factories and warehouses typically have high ceilings, high walkways and plenty of tools, goods and debris lying around. These should be properly secured or fenced off in some way to prevent an accident involving falling objects, where unsecured objects or tools can fall from a height, injuring a worker below.
• Slips, trips and falls – unsafe working conditions can arise where there are, eg oil slicks, liquid spillages and tripping hazards on the floor, creating an increased risk to workers of slips trips and falls.
• Unsafe lifting and carrying – often the result of poor training and supervision, or of inordinately high pressure exerted by employers on workers, lifting and carrying heavy or awkward shaped items can result in crippling back and neck injuries.
• Unsecured loads and poor stacking of pallets – this can result in heavy objects falling or cascading down, injuring those beneath or nearby.
• Lack of training and supervision – without adequate and regular training, a worker operating machines and tools is more likely to be using them in the wrong manner, heightening the risk of injury to themselves and bystanders.
• Lack of PPE – where the employer fails to provide adequate personal protective equipment (PPE) when it is required, the risk of workplace accidents increases.
• Falls while climbing into and out of a forklift truck or vehicle – small vehicles and ride-ons, such as forklift trucks, are not as simple as a car to get in and out of. Training should include how to safely get into and out of these vehicles. If you have fallen as a result of a forklift accident or other accident involving a vehicle, it may be the direct result of a failure in your training or supervision.
• Overturned forklift truck and other vehicles – forklift trucks which are improperly loaded or overloaded, or driven too fast for the particular environment can overturn, causing a forklift accident. Forklift truck accidents can cause serious injuries, including crush injuries.
• Failure to display hazard signs – whether it’s the presence of vehicles or hazardous materials, employers are legally required to erect signs warnings people of hazards at work. Without clear warnings, the risk of injury to the unsuspecting is clear.
• Exposure to chemicals or other hazardous materials – asbestos, acids, chemicals and dust are commonly found in factories. Great care is needed to protect the workforce from the effects of these items, but if employees fail to protect workers – they can develop potentially lethal conditions, sometimes decades on.

If you have suffered injuries caused in a factory or warehouse accident that wasn’t your fault, call 0800 234 6438 for free legal advice about how to start a warehouse injury claim. Alternatively, you can submit your name and number using the contact form on this page to request a call back.

So long as someone else was to blame for your warehouse injuries, you have the right to claim compensation with the assistance of specialist warehouse injury solicitors. You don’t need to worry about the costs: your claim will be taken on as a no win no fee claim under a conditional fee agreement with personal injury solicitors authorised and regulated by the Solicitors Regulation Authority (SRA).

This means you will have no legal costs to pay if your warehouse injuries claim is unsuccessful. If you do win your case, you will receive compensation and out of your compensation, you will pay your solicitor a ‘success fee’. This is a percentage of the compensation you receive, only up to a maximum of 25% of what you win. For further information about warehouse injury claims, get in touch for free no obligation legal advice.

Some employers fail to properly understand and appreciate their responsibilities in the workplace, instead just thinking that ‘accidents will happen’ and that taking risks is simply part of earning a living. This attitude leads to complacency and puts workers at risk of injury (and places themselves at risk of being on the receiving end of personal injury claims). The fact is, all employers are expected to:

• Carry out a full risk assessment of the workplace and, in factories employing more than five people, produce a written version of this risk assessment
• Explain the risks to their employees, as well as the precautions needed to stay safe
• Consult with employees to keep an effective safety regime
• Provide any training necessary for safety free of charge
• Provide and look after any safety equipment needed
• Set up adequate first aid facilities
• Report incidents and injuries to the relevant authorities
• Take out employer’s liability insurance to cover any warehouse accident claims made, and have the insurance certificate (hard copy or digital) located where it’s easy for employees to access and read

What does this look like in practice? It means factory floors and warehouses space should be well-planned and maintained, with good lighting and safe floorage and stairways. Warehouses are busy and employers should have regular risk assessments to ensure risks are identified and dealt with as promptly as reasonably as possible.

Safe spaces should be dedicated to the storage of items out of walkways to avoid obstructions. Where obstructions arise – they should be clearly and visibly marked, with processes in place to ensure they are reported and cleared quickly.

If an employer breaches their duties, an accident in a warehouse could happen and lead to injuries that could have been avoided.

If you’re a warehouse employee and have been hurt in a warehouse accident, and take the view that your employer didn’t display the appropriate level of diligence and safety awareness, you could make a claim for compensation.

You should start the warehouse accident claims process as soon as possible – not only will this mean that the accident will still be fresh in your mind, but it will also make it easier to gather evidence which a personal injury lawyer will use to build your case. For example, important evidence for most warehouse injuries claims could include:

• An entry in the workplace accident book
• If possible, CCTV footage of the event, which your employer has a legal obligation to hand over
• Medical records of treatment following the accident
• The contact details of any eyewitnesses
• Photos of the location of the accident
• Financial records detailing any expenses which have been caused directly by your injury, and any details which could be used to calculate future costs

The law provides a lot of protection for UK factory and warehouse workers. Employers have strict legal responsibilities and obligations to ensure the workplace is safe and that any safety risks are identified and dealt with in a timely manner. If they breach their duties and an accident occurs, a warehouse accident claim can be made enabling the injured person to claim compensation.

Employers’ general responsibilities are set out in the Health and Safety at Work Act 1974 and related laws. They require that employers ensure they protect their employees’ health, safety and welfare – including from the risk of warehouse accidents.

Particularly, the 1974 Act requires employers to ensure all machinery and vehicles used by their staff at work are appropriately maintained and all necessary measures have been taken to ensure employees using and operating them are protected from warehouse injury risks.

There are also further pieces of laws and regulations that place important obligations and responsibilities on employers in specific areas of working life, including:

The Provision and Use of Work Equipment Regulations 1998 (PUWER) governs where machinery and work equipment is used. It places specific duties on those who own, operate or have control over such equipment, including making sure it is suitable and safe for its intended use.

Machines/equipment should only be used by those who have had adequate information, instruction and training and property safety measures should accompany each item of equipment.

Employers must also take into account the Supply of Machinery (Safety) Regulations 2008 (as amended). These set out the requirements that must be met before machinery can be placed on the market in Great Britain or put into service. They must carry an appropriate CE mark (UKCA if post-1 January 2021) showing how the machinery meets essential safety requirements.

The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) are applicable where workers are required to use lifting equipment.

The Control of Substances Hazardous to Health Regulations 2002 (COSHH) are relevant where factories and warehouses involve working with hazardous chemicals, dusts and fumes.

If you’ve suffered warehouse accident injuries while working in a warehouse in the UK (or developed a condition after working in one), you should be able to claim compensation on a no win no fee claims basis – whatever your working status.

A significant number of warehouse accidents are avoidable if only employers took appropriate measures to make the working environment safe for their workers. It’s highly likely that if anyone was hurt when working in a warehouse, the employer was negligent in some way – in which case they have every right to start a warehouse injury claim. Even if you were self-employed or a contractor; an agency worker or someone on a zero hours contract – you can still make a claim.

Warehouse accidents can also injure anyone in the immediate vicinity of the accident. So if you were not a worker but you were a visitor to the site at the time of the accident and you suffered injuries, you should be able to make a warehouse accident claim.

Your personal injury solicitor have to demonstrate that your employer owed you a duty of care and that they breached that duty, causing your personal injury. To help them build a robust case on your behalf, it’s crucial to keep as much evidence as you can. Importantly, check that your employer has kept a formal record of the incident in the works accident book and that the accident was reported to the Health and Safety Executive (HSE).

To find out about the warehouse accident claims process, get in touch with a legal adviser for free on 0800 234 6438, or use the callback request form at the bottom of this page and they will get back to you. They will be able to explain how the no win no fee claims procedure works in practice.

It probably goes without saying that if you were employed at the time of your accident and you are injured, you can take steps towards making a warehouse claim against your employer.

You may have been self-employed at the time of your accident, but that does not prevent you from making a claim. You may, for example, be a casual labourer or a self-employed electrician or plumber who has been hurt while working.

This because those who are self-employed, sub-contractors or freelancers have robust legal protection from work accidents under the Health and Safety at Work Act 1974 and other laws and can also bring a claim for warehouse accident compensation.

Companies are required to ensure that anyone working on their premises have a safe working environment in which to work and carry out their duties. They have a duty of care which extends to those who are not in the company’s full time employment. So if you are self-employed and injured at work, you should still be able to make a claim.

If you’re unsure of your employment status and of individual workers’ rights to make warehouse accident claims, get in touch with a legal adviser for free on 0800 234 6438 – or submit your name and number using the form on this page to request a call back. They will talk this through with you so you need not worry about being unsure about your legal rights.

Similarly, agency workers, casual workers and those who are on a zero hours contract who are hurt while on work premises have the legal right to make a claim.

Though the claim will most likely be against the company (its insurer) rather than the agency itself, the agency could in some cases be held liable, For instance, the agency may be at fault if it was within its remit to provide training or appropriate safety equipment to the worker – but failed to do so.

In 2021 there were around 860,000 people on zero hours contracts in the UK. Workers who enjoy the flexibility of operating under so-called zero hours contracts can also bring a warehouse claim following an accident at work.

Companies have clear duties under safety legislation towards all workers, whatever their status, to ensure they are working in a safe environment, free from the risk of injury.

So however casual your working relationship with your ‘employer’, if you were hurt in an accident at work as a result of failures to comply with safety laws, you can bring a claim.

If you were a member of the public at the time of the accident, your injury claim will be against the business or public authority responsible for the premises. This would usually be the company carrying on business at the time (though in practice, it would be against its insurance company).

Unlike employee claims, warehouse accident claims by visitors to the premises fall under occupiers’ liability. Businesses have a legal duty of care to their customers and visitors under the Occupiers Liability Act 1957, so if you’ve been injured while on their premises they will be held responsible under this law.

Your personal injury solicitor will need as much information as possible to build the strongest possible claim on your behalf. For free legal advice about whether you can bring a no win no fee accident claim, get in touch with a legal adviser on 0800 234 6438 – or submit your name and number using the form on this page to request a call back.

It’s very common when injuries are sustained in factory and warehouse accidents for the injured person to assume they must, somehow be to blame – either in whole or in part. However, health and safety regulations are so strict that in most cases, the employer is legally liable for a breach of rules that led to the incident.

There are some cases the worker may be at least partly to blame, for example if you ignored safety warnings or took a short cut. Firstly, it is important to know that even if you think you were to blame for what has happened, the legal position may be that you were not to blame at all.

It’s vitally important you discuss the injuries or condition with specialist personal injury solicitors before ruling out making a claim. And even if you were partly to blame, that does not stop you from claiming compensation. It simply means you will not get the full amount of compensation you would otherwise receive. This is called ‘contributory negligence’.

Where the injured person is found partly to blame, personal injury lawyers consider what apportionment of damages would be “just and equitable” in the circumstances. For example, if you were found 25% at fault for the workplace accident, your compensation would be reduced by 25% to reflect your contributory negligence. If you were completely at fault, you will not be able to recover any compensation.

If your employer claims you were to blame (which often happens at the start of a claim), your solicitor will work hard to prove that your employer was partly or fully to blame. They will need as much evidence as possible from you to reduce any contributory negligence found against you. Be assured that even if you were partially to blame, your solicitor will work hard to secure maximum compensation for you.

The most important thing you can do is call for a free consultation on 0800 234 6438 about making a warehouse injury claim on a no win no fee basis. Or, if you prefer, fill in this online form for information about bringing a no win no fee warehouse compensation claim.

You may be concerned about returning to work in case your life is made difficult by the employer or by managers and supervisors. This is understandable – it can be a daunting prospect suing those you work for; however, you need not worry about losing your job because the law protects any worker who has made a complaint or brought any personal injury claims following an accident at work.

You are protected against harassment, discrimination and from dismissal on the grounds of your claim, so if you feel aggrieved at the way your employer is treating you – talk it over with your personal injury solicitors. You could well be entitled to bring a separate damages claim for discrimination.

Compensation can never undo the pain and suffering caused, but it can make a real difference to your financial situation and help you on the road to recovery. How much compensation you receive will depend on how serious your injuries are and how long it’s likely to take you to recover. Your lawyer will look at the full impact of your accident and will work hard to make sure you receive the maximum compensation you’re owed.

How much compensation you receive for the injuries themselves, or any condition you’ve developed from working in a warehouse, is known as ‘general damages’. However, it is invariably difficult to estimate how much workers may win in their warehouse accident claims so early because it depends on a number of factors, including the nature and extent of the injuries; and the wider impact of the injuries on the individual’s life and ability to work.

That said, there are formal judicial guidelines which personal injury lawyers reference to calculate how much compensation an injured person could be entitled to in their warehouse accident claim. These are examples of the range of compensation amounts depending on the injury/condition:

• Head injury causing brain damage (less severe to severe) – £15,320 to £403,990
• Mesothelioma – £63,650 to £114,460
• Asbestosis – £15,100 to £105,850
• Hearing loss – £7,360 (for slight impairment) to £112,100 (for total deafness)
• The loss of an arm below the elbow – £96,160 to £109,650
• Crush injuries to the chest – £31,310 to £150,110
• Severe back injuries – £38,780 – £160,980
• Moderate shoulder injuries – £7,890 – £12,770
• Chronic pain disorders – £21,070 – £84,010
• Dermatitis (one hand) – £1,710 – £19,2000

When claiming compensation, injury claims typically include an amount that covers financial losses caused by the accidents. This means that as well as general damages for your pain and suffering, you’re entitled to claim ‘special damages’ which compensates you for your financial losses, including future medical expenses. These typically cover, for example:

• Loss of earnings, including loss of overtime and bonuses, as well as loss of future earnings if unable to return to work
• Out-of-pocket expenses, including prescription costs and travel costs
• The costs of previous and ongoing medical treatment and therapies

If your injury leaves you with a long-term disability, you may also be able to claim compensation to make any necessary adjustments to your home and vehicle to enable you to live comfortably at home.

We understand the prospect of suing your employer can concern you because of the potential financial impact on the business, especially if you’re still working there. However, it is comforting to know that employers are expected to have liability insurance in place precisely to cover the risk of a personal injury claim. This means if you win, it will be your employer’s insurer who will pay out compensation to you and not your employer. They will not be left out of pocket if you win.

In short, yes. You should start your claim within three years of the date the accident happened, otherwise you could be time-barred. If you’ve developed an illness or condition due to working in a warehouse or factory, such as carpal tunnel syndrome, the three-year limitation period starts from the date you became aware that your injuries were caused by your job.

So it’s really important to take free advice from experienced personal injury solicitors as soon as possible. If it is more than three years since the incident, you may still be able to claim – but you must seek specialist advice as soon as you can.

For free legal advice about whether you can bring a no win no fee warehouse accident claim, get in touch with a legal adviser on 0800 234 6438 – or submit your name and number using the form on this page to request a call back.