Warehouse Accident Compensation

Posted on February 13, 2023

The Personal Injury solicitors at Pearson Solicitors secured an out of court settlement of £150,000 for a client who suffered injuries following a warehouse accident.

Our client injured his back, suffered a collapsed lung, fractures, as well as soft tissue damage and was in a back brace for months. Personal Injury lawyer, Mike Talbot, said the compensation award reflected the extent of the injuries received whilst working in the warehouse.

“Employees are often unsure when they make a claim against their employers, but businesses do have insurance against such events and so staff need not worry if they have to make a claim. It should not affect their job,” said Mike Talbot.

“In this case the client was severely injured and has had anxiety after the accident at work and so the compensation reflects this and the evidence of a consultant orthopaedic surgeon backed this up. He was injured in a manual handling operation and it was alleged that his bosses contravened regulations on a number of counts,” added Mike.

Warehouse Accident Case

Our client was employed as a warehouse operative and he and a colleague were moving heavy crates of equipment using a forklift truck, the crate was then dropped on a dolly (a mobile platform with wheels). It was common practice for the crates to be turned 180 degrees to enable easier opening at a later stage and during this turning procedure, one of the crates tipped towards him. As he tried to steady it he got his left hand caught and this caused him to be pulled under the crate, the crate was on his shoulder and he was bent over trapped and unable to move.

It took several people to lift the heavy crate off him and at this time our client was unconscious. He was rushed by ambulance to the Manchester Royal Infirmary where he remained in a critical condition for 2 days.

As part of his treatment he needed 6 bolts and 2 plates in his spine, the fusing of some vertebrae and also suffered a pneumothorax, namely a collapsed lung.

Employers Liability

In this warehouse accident the company:

Failed to make a suitable and sufficient assessment of manual handling operations, or take appropriate steps to reduce the risk of injury
Failed to clear a suitable storage area so that crates could have been stored by the use of electric pump truck, or forklift truck
Failed to listen to staff when they complained about unsatisfactory arrangements for storing and transporting crates
Had staff lifting, moving and manoeuvring crates when it was unsafe to do so
Failed to provide a safe space for working
Exposed our client to danger
Failed to provide adequate equipment to enable our client to carry out his tasks safely

“In this case the company did not dispute liability and agreed to an out of court settlement,” said Personal Injury lawyer, Mike Talbot.

“It does not matter if you work in a shop or factory your employer has a legal obligation to make sure your workplace is safe. In some cases the employer can be strictly liable in law for an injury, in others it may be necessary to show they were negligent in some way.

Companies are required by law to have Employers Liability Insurance, so if staff make a claim against them it will normally be handled by their insurance company who will then pay out any compensation and damages due,” he added.

How can we help

At Pearson we offer a No Win No Fee on personal injury claims and an initial appointment to discuss your case. For legal advice regarding an accident at work contact our personal injury lawyers on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.