Have you been involved in a warehouse accident and received injuries through no fault of your own? Perhaps your workplace is unsafe and unfit for purpose?
All employers have a legal obligation to maintain the physical and mental well-being of their employees. If they fail in its duty, then you may have the right to claim compensation as a consequence of negligence.
What to Do if You Have Suffered an Accident in a Warehouse
Warehouse accidents are those caused by unsafe working environments or human error. If you’re injured while working in a warehouse and it wasn’t your fault, you’ll be entitled to compensation, which will vary depending on the severity of your injury.
The Health and Safety at Work Act 1974 places a legal obligation on all employers to protect the health and well-being of their employees.
This covers a whole range of activities in the workplace, and even if you believe you may have been partially responsible for your injuries, you may still be able to pursue a claim.
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What Is the Health and Safety at Work Act 1974?
This is one of many health and safety acts which cover the rights and protection of employees in the workplace. This particular act is all-encompassing and places a legal duty of care on all employers to maintain the physical and mental well-being of their employees.
If you can prove that your employer failed to fulfil these obligations, then this may constitute negligence and allow you to claim compensation.
On average 20% of people who get injured at work make a compensation claim.
What if I Was Partially Responsible for My Accident?
There is a general misconception that employees who may be partly responsible for an accident cannot pursue compensation. This is not always the case. Yes, you may not have abided by workplace procedures in full, but your employer may be liable for an unsafe working environment.
There is also the issue of training which is another obligation of employers and must be maintained going forward.
An Employer Must Match Experience With Individual Tasks
While risk assessments are required under health and safety laws, it is also important that an employer matches the experience of an individual with the task at hand. For example, if you were given a particular task to do for which you had not received the relevant training, with insufficient experience, this could be seen as a form of negligence.
Legally you are well within your rights to refuse to carry out such activities although, in practice, this is perhaps easier said than done.
Maintaining a Safe Working Environment
When working in a warehouse environment, you may come across a number of potential safety hazards such as uneven floors, unsafe stacking equipment, lack of signage and potentially substandard training.
While many of these safety procedures may be “commonsense” unless they are specifically addressed by your employer, they may be breaking the law.
I Was Injured as a Consequence of Faulty Equipment; What Should I Do?
It is essential that all equipment in the workplace is checked and maintained on a regular basis. This includes everything from the kettle in the staff kitchen to industrial machinery and the work floor.
Quite simply, if any equipment is unsafe or unfit for purpose, then it should not be used. In the event that an employee was forced to use unsafe equipment then whether or not they were injured, they may well be able to claim compensation.
Many people don’t realise, but personal injury claims relate to both physical and mental stress. Using unsafe equipment could, in some circumstances, be seen as mental stress.
What Should I Do if Injured in the Workplace?
The first thing to do is to ensure that your accident, together with details of your injuries, are noted in your works accident book. It is a legal requirement of all employers to maintain a works accident book and failure to do so could result in prosecution.
Can I Make a Claim for Compensation?
If you believe that your injuries were as a consequence of negligence by your employer, then you may be able to claim compensation. The first thing to do is gather as much evidence as possible as soon as possible.
Some of the more common forms of evidence include:-
- Details of your injuries
- Details of the accident
- Medical diagnosis
- Timeline of events
- Witness statement
- Photographic evidence
- Pattern of similar accidents in the workplace
The above forms of evidence will give you an idea of the information required to prove negligence. In some cases, negligence may be difficult to prove while in others, it may be obvious. Whatever the scenario, it is essential that you gather as much evidence as possible to support your claim.
Approaching a Claims Management Company
The next thing to do is approach a claims management company with details of your case and supporting evidence. They will review your evidence and give you an independent assessment of your chances of success. If they believe you have a minimum 60% chance of success, they will likely offer to represent you.
How Do I Appoint a Claims Management Company?
The majority of claims management companies will offer you a “no win no fee” arrangement where they deem your chances of success are at least 60%. This means that you will not be liable for their expenses in pursuing your case, but in exchange, they will request a “success fee”.
This will relate to a percentage of any compensation awarded and is generally in the region of 25% – although it can vary.
What Level of Compensation Can I Expect?
There are numerous variables to consider when calculating a compensation claim. You will hear of two specific elements to a compensation claim, general damages and special damages.
General damages related to financial compensation for your pain and suffering as a direct consequence of the accident/injuries. Special damages are best seen as recompense for costs incurred directly as a consequence of the accident, future expenses and other factors such as loss of earnings.
When it comes to levels of general damages, these can vary from £258,470 up to £322,060 for a type of paralysis known as tetraplegia. Moderate brain damage would entitle you to compensation from £174,620 up to £224,800. Where injuries are deemed temporary, such as a short-term neck injury, this could lead to compensation awards of up to £1950.
As an employee, you are entitled to a range of protections in the workplace. If you are injured as a consequence of an accident brought about by negligence, then you may be entitled to pursue your employer for compensation.
Even if you believe that you may have been “partially responsible” for the accident and your injuries, it is still worth taking advice. In such cases, the level of compensation may be adjusted to take account of different levels of responsibility. However, just because you believed it was your fault does not necessarily exempt your employer from a degree of responsibility.
Quick Personal Injury FAQs
RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. This 2013 legislation requires that you report workplace incidents. A report should be made no later than ten days after the occurrence.
Reports are made to the Health and Safety Executive (HSE). They should be made by a responsible person such as a supervisor, manager or business owner. Not all incidents need to be reported, though a majority do. You should file a RIDDOR report online.
Even if you’ve claimed compensation and taken your employer to court, they are not legally allowed to dismiss you after an injury. If you can prove that your dismissal is a direct result of your injury, you could be entitled to further compensation to rectify the way you’ve been treated.
Any accidents in the workplace need to be properly recorded. That’s the case whether they happened to you, another member of staff or a customer. Your place of work should have an accident book that they maintain.
Make sure that any accident is recorded in the accident book. The document should be signed by those involved, to show that it’s an accurate record.
It’s always a good idea to report an injury outside of work. Even if you have no intention of claiming any money, reporting an incident means that any oversights won’t go unnoticed for long. Reporting incidents provides those responsible with a chance to set things right, whether they need to make some repairs or change the processes they have in place.
How Can Money Savings Advice Help You With Making a Personal Injury Compensation Claim?
Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.