A guide to making a No Win No Fee work storeroom accident claim
Cluttered or overstocked storeroom and stockroom spaces are often the cause of accidents that lead to work injury compensation claims. Many organisations fail to have procedures in place to ensure that shelves are safely stacked and floors kept clear. This puts employees at risk of sustaining injury.
Because this type of accident happens in the workplace, it is the employer who would be held liable to pay personal injury compensation. Legally, employers have a duty of care to ensure that workplaces are safe and healthy environments for their workers.
What is the employer's duty of care?
This is defined in The Workplace (Health, Safety and Welfare) Regulations 1992. Section 12 (3) of the Regulations is relevant for this type of accident claim.
Section 12 (3) states:
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.'
This Regulation means employers are responsible for ensuring work storerooms are tidy and do not pose a risk of injury to employees.
Claiming for work storeroom slips, trips and falls
If you have sustained injuries in your work storeroom, you may be able to make a claim for compensation.
A successful claim will prove that the employer has breached their duty of care to its employees. The defending employer will be shown to have been negligent by:
- Having insufficient procedures to keep the workplace tidy and safe?or
- Failing to enforce existing procedures, rendering them ineffective?
If negligence created the hazardous environment which caused the injury, the employers will be held liable. Even if a colleague has caused the accident, the Regulations still hold the employer liable.
How can you tell if your employer has been negligent?
Each case is decided on an individual basis, but the law provides extensive guidelines.Examples of workplace situations which would support your compensation claim include:
- Stock coming in does not have a designated place to go. It is stored wherever there is space, including on staff pathway floors.
- Although there are procedures for tidying up and storing things safely, management does not enforce them. As a result, procedures are not always followed.
- Packaging from stock is discarded anywhere on the floor. This is because no waste bin is provided.
- Liquid spills from damaged containers are not immediately mopped up. Management tells staff this would slow them down.
- Colleagues have not been trained in tidying up and safe storage procedures, resulting in hazardous workplace behaviour.
If your own work storeroom environment has similarities to the above, you may have grounds for a successful claim.
Proceeding with your personal injury claim
The first step is to contact a personal injury solicitor. They will advise you on the process of making a claim, and the likely compensation you could receive. Call Quittance on 0800 612 7456 for a no obligation consultation.