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I Damaged My Back in a Warehouse Accident at Work, Am I Entitled to Compensation?

Warehouses are busy working areas with machinery, vehicles and other equipment always on the move. Large items are delivered, stacked and shipped out of warehouses on a constant basis making the environment a hazardous area to work in. As such, anyone working in a warehouse must be correctly trained and made aware of the risks they could encounter during the course of a working day or night.

There are many Health and Safety Executive regulations that cover employees who work in warehouses to ensure they are made as safe as possible. However, warehouse accidents that result in serious injury are still commonplace throughout the UK which includes severe back injuries.

If you were involved in a warehouse accident that left you with a back injury and the incident occurred in the last 3 years, you could be entitled to file a personal injury claim against your employer providing you can prove the accident and the injuries you sustained were through no fault of your own but rather through employer negligence. This includes warehouse forklift truck accidents and other incidents involving heavy vehicles.

Work Related Accident Statistics in the UK

According to Health and Safety Executive (HSE) statistics over 600,000 workers were injured in the workplace from 2016 to 2017 with a high percentage involving manual handling and slip, trips and falls. The statistics also established that a high percentage of injuries sustained in the workplace involved muscle damage and broken/fractured bones.

What are the Most Common Causes of Warehouse Accidents?

The most common causes of warehouse accidents that result in back injuries whether minor or more severe are detailed below:

  • Equipment/machinery malfunction
  • Falls from ladders or other high areas
  • Objects falling from high shelving when items are stacked incorrectly
  • Collisions with forklift trucks or other vehicles that are regularly used in warehouses
  • Exposure to hazardous substances or corrosive/poisonous chemicals
  • Incorrect handling of heavy machinery and equipment
  • Slips, trips and falls
  • Loud noise exposure that cause hearing issues

What are the Most Common Injuries Sustained In Warehouse Accidents?

There are various injuries which includes back injuries that you can sustain having been involved in a warehouse accident with the most common being detailed below:

  • Injuries sustained when lifting or moving heavy objects/items (manual handling injuries)
  • Strains, sprains, torn ligaments and pulled muscles
  • Lacerations, cuts and bruises
  • Burns
  • Neck, shoulder and back injuries sustained when lifting or moving heavier items
  • Dislocations
  • Fractured/broken bones
  • Joint and limb injuries
  • Amputation
  • Head injuries
  • Brain injuries
  • Spinal cord injuries
  • Vision loss
  • Carpal tunnel syndrome and other repetitive stress injuries
  • Loss of hearing
  • Tinnitus

Because warehouses are considered more dangerous work areas, the injuries you may sustain are often more serious and can even result in death.

Should I File a Warehouse Injury Claim Against My Employer?

You may worry that filing a warehouse injury claim against your employer may put you at risk of losing your job. However, under UK law an employer can not fire you because you decide to file a back injury claim against them. You have every right to seek compensation for a work-related back injury and be awarded the level of compensation you rightly deserve for the pain and suffering you had to endure through no fault of your own.

You may find that your back injury prevents you from working in the short-term or you may find that you would not be able to carry out the job you used to do in which case the amount you could be awarded in a successful back injury claim means you would not have the financial worry of not being able to earn a salary again.

It is understandable that you might be concerned about claiming compensation from your employer for a warehouse accident so we would advise consulting with an injury lawyer for the best advice. You can do so through this link https://www.legalexpert.co.uk/accident-at-work-claims/claim-guides/warehouse-accident-claims/ where you can find more advice and a live chat service, as well as a freephone number should you wish to call them directly.

Employee Injury At Work Advice

Employee Injury At Work Advice

Can Anyone File a Warehouse Injury Claim?

Whether you are a permanent employee, a temporary/agency worker or a contractor and you suffer a warehouse accident that leaves you with back injury, you would be entitled to file a personal injury claim against a negligent employer who failed to keep you safe from harm in the workplace. If you are an agency or temporary worker and the agency who sent you to the job is not responsible for the work you are tasked to do, you could file a back injury claim against the employer if you sustained the injury while working in a warehouse.

If you are self-employed but contracted to carry out work in someone else’s warehouse, you could be entitled to file for compensation against the owner/operator should you have suffered a back injury whilst at work.

What Are My Employer’s Responsibilities Regarding Warehouse Accidents?

All employers in the UK have a duty of care under the law to keep their employees safe from harm in the workplace. Should your employer fail in their duty to keep you safe and you suffer a warehouse accident that leaves you with a back injury as a direct result of their negligence, you would be entitled to file a personal injury claim for compensation against them without the worry of being discriminated against or losing your job.

Your employer is obliged under Health and Safety Executive regulations to regularly carry out risk assessments of a working area with an end goal being to identify any hazards you may have to contend with while carrying out your normal daily duties. If an employer fails to do so and you suffer a warehouse injury, they could be held negligent in their duty to keep you safe and as such you could sue them through the courts and be awarded a level of compensation to suit the injuries you sustained through no fault of your own.

What if My Warehouse Injury Was Caused By a Work Colleague?

If a warehouse accident that left you with an injured back was caused by a work colleague, you would still be entitled to file a claim for compensation against your employer because they could be held responsible for your work colleague’s actions or lapse of judgement which is called “vicarious liability”.

Can I Claim Compensation for a Warehouse Accident if I Was Partly Responsible?

You could be entitled to file a work-related back injury claim against your employer even if you were partly responsible for the accident happening. A case such as this would typically be resolved by what is referred to as a “split liability agreement” in which case the level of your liability would be taken into consideration when calculating the amount of compensation you may be awarded in a successful back injury claim.

What Are My Employee Rights When Involved in a Warehouse Accident?

As an employee you work rights are extensive and they must ensure the following:

  • That you receive a level of compensation that you are entitled to following a warehouse accident that left you with a back injury whether the damage is minor or a lot more severe
  • That your job is safe even if you choose to file a back injury claim against your employer who can not fire you for doing so

What Can I Include in a Warehouse Injury Claim?

There are various things that you can include in a warehouse injury claim which includes the following:

  • The pain and suffering you endured as a direct result of your injuries
  • Medical and treatment expenses you incur as a direct result of your injuries
  • Any loss of earnings you incur because you are unable to work
  • Loss of amenity and how you daily life has been negatively impacted by your injuries
  • Travel expenses incurred for treatments at hospital or other medical facilities
  • Care costs should you need daily help around the home

If your injuries are such that you need ongoing medical treatment, you could be entitled to receive interim payments to cover any out of pocket expenses you incur which would help tide you over until you are awarded a final settlement either by a court or by your employer’s insurers should they decide to settle out of court.

What is My Employer’s Duty of Care?

Employers in the UK have a “duty of care” to keep you safe from harm in the workplace. There are Health and Safety Executive regulations in place to keep all employees safe when they are at work. With warehouses being a more hazardous area to work in, there are many more H&E regulations which all employers and employees must respect at all times. The legislation states the following:

  • That all employers must ensure that employees and other people are protected from anything that may cause them harm and must carry out regular risk assessments to identify any hazards in the workplace

An employer by law, is responsible when it comes to carrying out thorough risk assessments of a warehouse working area and if they fail to do so, they would be failing in their duty of care towards you and other employees. Once hazards and dangers are identified, employers must by law set in place measures with an end goal being to minimise any risks to employees and visitors. In general, the measures that your employer should set in place would include the following:

  • To ensure that proper supervision exists in the warehouse
  • To provide employees with the correct protective wear which includes hard hats, safety goggles, work boots, gloves and other necessary safety equipment and work wear
  • To provide employees with the necessary training on how to use specialist machinery and equipment
  • To ensure that all objects and items in a warehouse are correctly stacked
  • To ensure that obstacles are not in the way which could cause employees to slip, trip and fall
  • To erect highly visible hazards warnings where and when necessary

How to File A Warehouse Injury Compensation Claim

If you suffered a warehouse accident that left you with a back injury and the incident occurred through no fault of your own, you could be entitled to file a personal injury claim against your employer if it can be proved they were negligent in their duty of care to keep you safe whilst you are at work. Your employer’s insurers would handle your claim which means that it is not your employer who would have to pay any compensation you could be awarded in a successful personal injury claim. In many instances, your employer’s insurers would settle your claim before it gets to court which is known as an “out of court settlement”.

It is best to seek legal advice as early as possible if you are going to file a back injury claim against an employer. A solicitor who specialises in work-related personal injury claims would do their best to ensure you are awarded a level of compensation you rightly deserve for the pain and suffering you endured as a direct result of a warehouse accident.

Working with a Solicitor on a No Win No Fee Basis

A solicitor who specialises in warehouse injury claims would know exactly what is needed to prove and strengthen your claim against a negligent employer. Once your case has been professionally assessed which a solicitor would do during a free initial consultation, if they find you have a strong claim against your employer, they would typically offer to work with you on a No Win No Fee basis. You would enter into a Conditional Fee Agreement with a solicitor which is a legal contract that sets out the “terms and conditions” of the contract as well as the percentage you agree to pay for the legal representation you receive.

However, you would only have to pay the agreed percentage to the solicitor if your back injury claim is successful and the amount would be deducted directly from the amount you are awarded whether it is by a court or by your employer’s insurers, should they decide to settle out of court. The amount you pay is often referred to as a “success fee” because if your claim is unsuccessful, there would be nothing to pay for the legal representation you received.

Working with a solicitor on a No Win No Fee basis takes all the worry of finding the funds to pay for legal representation off the table and it means you would never be out of pocket during the whole legal process of filing a personal injury claim against a negligent employer following a warehouse accident that left you with a back injury.

I Suffered an Ankle Injury at Work, Can I Claim Compensation From my Employer?

You can sustain an ankle injury in the workplace for a multitude of reasons and it is the type of injury that is commonplace. Although you can damage your ankle carrying out normal everyday things, there are occasions when your injury may occur due to the negligence or mistake of a work colleague or your employer. In either case, you could be entitled to file an ankle injury claim against a negligent employer and be awarded a level of compensation that not only suits your injury but which compensates you for the pain and suffering you had to endure through no fault of your own.

When Can I Not Claim Compensation for an Ankle Injury at Work?

If you injure your ankle because you made a wrong movement, sudden movement or misstep, you may not be able to file an ankle injury claim against your employer. However, it is always a good idea to discuss a work-related accident with a personal injury solicitor who would be able to assess your case offering essential advice on whether you have grounds to file an ankle injury claim against a negligent employer.

When Can I Claim Compensation From My Employer for an Ankle Injury?

If you suffer an ankle injury at work through no fault of your own, you could be entitled to file a personal injury claim against your employer. An example being that if the accident involved a slip, trip or fall because there were no warning signs on a slippery or hazardous floor, your employer could be held liable through negligence.

Are There Different Types of Work-related Ankle Injuries?

There are various ways you could injure your ankle in the workplace and because ankles are made up of many bones, ligaments and tendons, there are a number of injuries you could sustain which are detailed below:

  • Sprains
  • Twists
  • Bruising
  • Dislocations
  • Breaks
  • Fractures

Even damaged tendons and ligaments that make up your ankle when damaged can cause a lot of pain and could prevent you from working. Minor injuries to an ankle can restrict movement and could take several days to weeks to heal. More serious ankle injuries that involve broken bones or dislocations, can prevent you from working for a lot longer and could even mean you suffer permanent damage to the affected ankle.

How is the Compensation for Work-related Ankle Injury Calculated?

The amount of compensation you may receive in a successful ankle injury claim would depend on the complexity and severity of your injury. The two main criteria that a court would take into consideration are as follows:

  • The financial expenses you incurred as a direct result of your ankle injury
  • The pain and suffering you had to endure through no fault of your own

The financial expenses you may be awarded would be to include the following:

  • Medical treatment you had to undergo whether short-term or long-term
  • Physiotherapy you had to undergo to make a recovery if possible
  • Medical expenses you incurred
  • Travel expenses to and from a hospital or other medical facility to receive your treatments
  • Loss of earnings because you are unable to work for a period of time
  • Loss of future earnings if your ankle injury prevents you from carrying out your normal job

It is worth noting that all ankle injury claims are unique and as such you would be awarded a specific amount of compensation that would reflect the complexity and severity of your ankle injury which resulted in pain, suffering and out of pocket expenses incurred.

How Much Compensation Could I Be Awarded for a Work-related Ankle Injury?

As previously mentioned, the amount of money you may be awarded in a successful ankle injury claim would depend on the severity of your injury, the amount of damage that is done to your joint, how long it would take to heal and if your injuries are such that you suffer permanent damage. Examples of compensation you may receive are detailed below:

  • Minor ankle injuries which includes tears, sprains and minor fractures/breaks £4,390
  • Damaged Achilles tendon whether minor or more permanent damage £5,800 to £30,630
  • Broken or fractured ankle which results in surgery resulting in restricted movement or permanent damage £24, 950 to £39,910
  • Very severe ankle injuries that leave you with a deformed leg and/or permanent loss of mobility up to £55,560

It you suffered an extremely severe ankle injury, you could be awarded as much as £61,110 for your pain, suffering and financial losses. 

Should I Make a Work-related Ankle Injury Claim Against My Employer?

Many people find it awkward when it comes to filing personal injury claims against their employers for fear of being discriminated against by fellow work colleagues. They also worry that an employer may fire them for doing so. However, if you suffer any sort of injury in the workplace which includes an ankle injury and the incident happened through no fault of your own, you have every right to file for compensation through the courts by filing a personal injury claim because of an accident at work. It is unlawful for an employer to treat you unfairly or to fire you because you file an ankle injury claim against them. 

Can Anyone File a Work-related Ankle Injury Claim?

All workers whether full-time, part-time, temporary, agency or contractors would be entitled to file a personal injury claim against an employer if they suffer an injury in the workplace through no fault of their own.

If you are a temporary or agency worker, you have every right to claim compensation from an employer for your ankle injury unless the agency you work for boasts more responsibility or control of your role in the workplace which includes ensuring you are provided with sufficient training and necessary equipment to carry out your role for an employer on a temporary basis.

If you are self-employed and sustain an ankle injury in the workplace, an example being that you are an electrician, plumber or some other type of worker and you are employed on a building site, the operator/owner of the site could be held liable due to negligence having failed to keep the working environment safe. 

Is My Employer Legally Responsible for My Work-related Ankle Injury?

 All employers in the UK have a duty of care under the law to keep you safe from harm in the workplace. Should your employer fail in their duty, and you are injured as a direct result of their negligence, you could be entitled to file a personal injury claim against them. Your employer must do the following under UK law:

  • Ensure the working environment is kept clean, tidy and safe for you to work in
  • To carry out regular risk assessments to identify dangers and hazards in the workplace with the end goal being to take necessary steps to limit the risk of employees being injured whilst at work

Your employer’s responsibility as defined by the Health and Safety Executive is as follows:

  • To ensure that all employees and other people are protected from harm and to control risks and hazards in the workplace

As such, your employer must do the following under the law:

  • Ensure the workplace is kept clean, tidy and safe for you to work in
  • That all employees are provided with suitable equipment, tools and protective work wear to safely carry out their daily jobs
  • To ensure that all employees are correctly trained to do their jobs

Consult a Solicitor who provides Free Legal Advice

If you have any doubts, questions, or concerns about claiming compensation from your employer you should seek the advice of a personal injury solicitor who provides free legal advice. Even better is if you can get the advice immediately which is possible by visiting this link https://www.legalexpert.co.uk/how-to-claim/ankle-injury-compensation/ where you will find a live chat service or a freephone number if you prefer talking by phone, 24/7.

Employee Injury At Work Advice

Employee Injury At Work Advice

Can I Still File an Ankle Injury Claim if the Incident Was Caused by a Work Colleague?

If you sustained your ankle injury due to an error or lapse of judgement on the part of a work colleague, you could still be able to file a claim for compensation from your employer. The reason being that employer may still be held responsible for your work colleagues’ actions which is known as “vicarious liability”.

Can I File an Ankle Injury Claim Against my Employer of I Was Partly Responsible?

Whenever you suffer an injury in the workplace, it is worth discussing your case with a personal injury solicitor even if you think you were partly responsible for a work-related accident. If it is found that you shared liability with your employer for your ankle injury, the amount you may be awarded in a successful personal injury claim would reflect the level of responsible a court has ruled you had in causing the accident.

An example being that if a judge rules you bear 25% of the responsibility, you would receive 25% less compensation than if your employer was 100% responsible for you having suffered an ankle injury at work.

What Are My Rights Following an Ankle Injury in the Workplace?

As an employee, you have many rights following an accident at work that left you with an ankle injury which are detailed below:

  • That you are awarded a level of compensation that reflects the severity of your ankle injury and the amount of time it takes you to recover
  • That your job is safe because your employer can not under UK law sack you for filing an ankle injury claim against them

Under UK law, all employees must be treated fairly in the workplace which includes when they are involved in an accident that leaves them injured.

What Can I Include in a Work-related Ankle Injury Claim?

There are specific things that can be included in an ankle injury claim which includes the following:

  • The pain and suffering you had to endure
  • The medical expenses you incurred
  • Your loss of earnings
  • Any loss of future earnings
  • Loss of amenity (the extent that your ankle injury negatively impacts your personal daily life
  • Travel expenses you incurred as a direct result of your injuries
  • Care costs should you need assistance around the home or if you need to go into a care home

Should your ankle injury be so severe that you have to undergo ongoing treatment and medical care, a personal injury lawyer may be able to get you an interim payment to cover any out of pocket expenses you incurred before a court awards you a final settlement.

Preventing Accidents And Ankle Injuries In the Workplace

As previously mentioned, all employers in the UK must carry out regular risk assessments of working environments to identify any risk and hazards that their employees may have to contend with while carrying out their normal daily tasks. Having identified the risks, an employer must set in place measures to reduce the chances of an employee or visitor being injured in the workplace.

Should an employer fail to carry out regular risk assessments and you suffer an ankle injury as a direct result of their negligence, you could be entitled to file a personal injury claim against a negligent employer.

How Do I File a Claim for a Work-related Ankle Injury?

Filing a personal injury claim against an employer can be a stressful, long-drawn out legal procedure that costs a lot of money which is why many people today choose to seek advice from solicitors who are willing to work with them on a No Win No Fee basis. This takes all the financial pressure of finding the funds to pay for legal representation when you need it the most.

You would sign a Conditional Fee Agreement (CFA) which is a legally binding contract that not only sets out the terms and conditions of the agreement but the agreed percentage that is referred to as a “success fee” because you would only have to pay for the legal representation you receive if your ankle injury claim is successful. Should your claim not be successful, there would be nothing to pay at all.