A Guide to Claiming Warehouse Injury Compensation
If your life, or the life of a loved one, has been affected by a warehouse accident we can help.
The purpose of this guide is to help anyone who has suffered a warehouse accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
A warehouse can contain many hazards that could cause injury. Warehouse accidents have resulted in forklift truck accident claims, claims for falling object-related injuries and claims following slip and trip accidents.
These work accident claims commonly succeed if it can be demonstrated that the employer or operator of the warehouse premises breached health and safety regulations or other legislation.
Do I have a warehouse injury claim?
It should be possible to make a warehouse injury claim if you were injured:
- in the last three years and;
- someone else was to blame.
Even if these two points don't apply to you, you may still be able to make a claim.
To find out for sure, speak to a legally trained adviser on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
The amount of money you could claim for your warehouse injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your warehouse injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a warehouse injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple warehouse injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a severe back injury can be £95,000
For a more minor arm injury, in isolation, you would typically receive £4,000.
However, if you have a severe back injury and a more minor arm injury, you would typically receive £95,000 + a reduced percentage of £4,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries.
What is the average injury compensation for a warehouse injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a warehouse injury will depend entirely on your specific circumstances.
Your warehouse injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Warehouse injury compensation calculator
Calculating how much compensation you can claim for a warehouse injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your warehouse injury claim could be worth now:
How long does a warehouse injury claim take?
How long it can take to settle a warehouse accident claim can vary considerably.
For instance, if your employer or their insurance company accepts liability, a claim could be settled in several weeks. However, if liability is denied it could take significantly longer. Usually, a work accident claim should take 6 to 9 months. Read more:How long will my claim take?
Will I still be able to claim for a warehouse injury after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your warehouse injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Common warehouse accidents
Slips, trips and falls
If warehouse goods or equipment are not stored safely and correctly, they can create hazards and result in injuries from people slipping, tripping or falling. Items that can result in accidents from tripping or falling include:
- Poorly discarded packaging or strapping
- Improperly stored goods - for example boxes sticking out into aisles
Warehouse staff may also slip on things such as:
- Spilt liquids like paint, water or oil that have not been cleaned up properly
- Slippery items like plastic packaging
Claims for slips, trips and falls in warehouses are often made following injuries including bruises, lacerations and fractures. Claims for serious head, spine and crush injuries are likely to include compensation for long-term care and treatment costs.
If items in a warehouse are not stored properly on high shelves or pallets, they present a risk to warehouse workers. Even small objects pose a real risk of injury.
The premises should be inspected on a regular basis to ensure the risk of such accidents is appropriately managed. If these checks have not occurred, and an injury occurs, a subsequent claim has a good chance of success.
Falls from height
Workers are often required to work at height in warehouses, stacking goods on shelves or retrieving items stored at height. Some employees may work from elevated machinery such as cherry pickers. Working from ladders or elevated platforms means there is a risk of employees falling and being injured.
The Work at Height Regulations 2005 (amended in 2007) are intended to protect everyone who is required to work at height. The regulations state that employers should avoid asking workers to work at heights wherever possible. If working at height is unavoidable, safety equipment should be used to prevent falls from height. Employers should also ensure that employees are thoroughly trained for working at height.
Manual Handling Injuries
Lifting and moving heavy objects is a common requirement for staff in warehouses. But lifting or moving heavy or large objects can result in back injuries, sprains, injured muscles, and foot injuries from dropping items.
The Manual Handling Operations Regulation 1992 (amended in 2002) are designed to protect workers from injuries resulting from manual handling. Employers are required to eliminate any manual handling that is not completely necessary. This might require the introduction of machinery and lifting equipment like forklift trucks, winches and leverage devices.
Employers must carry out a risk assessment of all manual handling that cannot be eliminated and which may cause injury. Employers are also required to reduce the risk of injury from manual handling as much as possible.
No win, no fee - the facts
'No win, no fee' means that if your warehouse injury claim is unsuccessful, you will not have to pay any legal fees whatsoever. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a contract entered into between you (the 'claimant') and your solicitor.
Our no win, no fee guarantee
Our no win, no fee guarantee means there is zero financial risk in making a warehouse injury claim - even if you don't win your claim.
What do I pay if I win my warehouse injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my warehouse injury claim?
If your warehouse injury claim is not successful then you do not have to pay any legal fees whatsoever.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. warehouse injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. In some cases our solicitors can work on a reduced success fee. Call us for more information.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:Call me back
if you can claim
to start a claim
Warehouse injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a warehouse injury claim?
In general, you have a time limit of up to 3 years from the date of the warehouse injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your warehouse injury claim becomes 'statute barred'.
Can I claim for a warehouse injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim warehouse injury compensation.
In reality, there are a number of factors that can affect whether a warehouse injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert