Warehouse and factory accident compensation claims

Workers’ safety in factories, warehouses, and workshops depends on careful compliance with health and safety (H&S) regulations and safe working practises to minimise the risk of injury from accidents and exposure to hazards.

Common causes of accidents leading to injury and factory, warehouse or workshop compensation claims include:

• faulty, unguarded or incorrectly installed machinery (saws, pressure systems, vehicle lifts);
• moving vehicles (delivery trucks, forklifts, factory vehicles);
• unsafe working at heights;
• defective tools and equipment;
• unfenced/unguarded hazards;
• falling items;
• toppling hazards (trolleys, cages, vehicles, faulty ramps, over-stacking, overloading);
• inadequate protective equipment (lifting support, hard hats, protective shoes, visors, respirators);
• lack of training or supervision in use of machinery, vehicles, tools, and equipment;
• slipping hazards (oil, water, spillages, powder);
• tripping hazards (trailing wires, raised flooring or paving stones, debris);
• exposure to asbestos or hazardous chemicals;
• heavy loads;
• electricity, flammable materials, fire, and explosions;
• unsafe buildings or premises;
• negligent co-workers;
• negligence of authorised visitors (delivery drivers, contractors, cleaners).

The law requires employers to comply with multiple health and safety (H&S) standards and guidelines, and to carry out regular risk assessments. Employers also owe their employees and other visitors to the workplace a general duty of care to prevent foreseeable accidents and injury.

Compensation claims for factory, warehouse, and workshop injury often arise from accidents which were caused by the employer’s failure to:

• carry out proper risk assessments;
• comply with H&S regulations and guidelines;
• provide a safe system of work;
• inspect, maintain, and repair buildings, equipment, machinery, or vehicles;
• provide adequate training and supervision in use of vehicles, machinery, and equipment;
• fence off or provide safety guards around hazards, such as:
• • dangerous machinery;
  • steep drops;
  • potential falling objects;
  • electricity;
  • chemicals or hazardous materials;
• provide safe systems and equipment for working at heights;
• safeguard against slipping and tripping hazards;
• provide adequate protective and safety equipment;
• train or supervise co-workers (employer’s vicarious liability for another worker’s negligence).

Where an employee’s own actions contributed to the cause of their accident or injury, they may still be entitled to compensation if their employer was partly at fault. In these circumstances, their compensation may be reduced in proportion to their own contributory negligence, but will often still be substantial and provide significant financial assistance with meeting their future needs arising from their severe injury and disability.

Read more about how we help clients in claims involving contributory negligence or contact us to talk to one of our expert solicitors for advice about your work accident claim, free and confidentially.

Our personal injury solicitors specialise in helping clients with severe, life-changing injury or permanent disability that was caused by the negligence of someone else, such as their employer.

Our clients have usually suffered permanent injury from one or more of the following:

• head or brain injury;
• spinal cord injury SCI (paraplegia, tetraplegia) or spinal fracture;
• major trauma or multiple serious injuries;
• limb-loss or amputation;
• fractures, crushing or internal injury;
• burns and scalds;
• degloving injuries (needing skin grafting);
• severe scarring and disfigurement;
• severe lacerations and nerve injury;
• loss of sight or hearing;
• CRPS or other chronic pain conditions;
• asbestos-related disease;
• psychological injury, such as PTSD;
• fatal injury.

Our personal injury specialists investigate the circumstances of each client’s accident and injury and advise our client on the correct defendant(s) to the claim. Having identified the correct defendant, we can ensure that they and their insurers accept responsibility (liability) for the injury and provide funding for our client’s rehabilitation and urgent needs straight away.

The law requires employers and owners of businesses to have insurance in place to cover compensation claims arising from negligent injury and death. Employers and their insurers are also vicariously liable (must take responsibility) for injury caused by their employees’ negligence.

Depending on the type of accident, the injured person’s compensation may be paid by the employer’s liability insurance, their public liability insurance or another individual’s insurance, such as a negligent driver’s motor insurance.