A guide to making a No Win No Fee overfilled stock room accident claim
Storage and stock rooms can be hazardous if over filled. If you have suffered an injury at work as a result you could be entitled to financial compensation.
Employees working in stockrooms and warehouses can be at risk of injury due to overfilling of stock. This is most likely to happen during hectic periods in the business, such as Christmas and Bank Holidays. Extra temporary workers are also often employed at these times. This makes workplace traffic higher and routes more congested.
Employees rushing about to get orders fulfilled are generally more at risk of having accidents and crashing into each other. Businesses with disorganised, overfilled stockrooms further increase the likelihood of knocks, trips and falls. Stock cluttering traffic routes can be hazardous. Items piled too high can topple over and cause injury. Overstocked shelves are also more likely to spill their contents onto staff and floors.
If an accident occurs in such an environment, a compensation claim can be made by the employee for the injuries caused.
Who do I claim from if I have a stockroom accident?
As an employee, you would make a personal injury claim from your employer.
The legislation regarding workplace accidents is The Workplace (Health, Safety and Welfare) Regulations 1992. These Regulations impose a broad duty of care on employers for their employees. They must take all reasonable actions to ensure the health and safety of their employees within their working environment.
Section 12 (3) covers traffic routes in the workplace, stating:
So far as is reasonably practicable, every floor in a workplace and the surface of every traffic route in a workplace shall be kept free from obstructions and from any article or substance which may cause a person to slip, trip or fall.'
Stock dangerously littering floors would be in breach of this Regulation.
Section 13 (3) (b) covers being struck by falling objects, stating:
So far as is reasonably practicable, suitable and effective, measures shall be taken to prevent
(3) (b) any person being struck by a falling object likely to cause personal injury.'
Shelves precariously bulging with excessive stock would be in breach of this Regulation.
Can I claim if my injuries were caused by a hurrying colleague?
Yes. Injuries caused by the error or negligence of a colleague in the workplace can be grounds for a compensation claim.
Your employer has a duty to have appropriate policies and training in place to ensure the safe conduct of employees in your workplace. If a colleague breaks these rules, rushes into you and causes your accident, your employer could still be held responsible. This is called vicarious liability and means that you would still make your compensation claim from your employer.
What to do to start your claim
Speak to a personal injury compensation lawyer to get expert advice on preparing your claim. An initial consultation will give you an idea of what to expect and what to do next.