Can I claim warehouse accident compensation if a can of paint fell on my foot and broke my toes? The paint cans were incorrectly stacked by an inexperienced new staff member and no one has re-stacked them even after my accident happened.
You may be able to claim warehouse accident compensation for an injury if it can be established that your injury was caused by your employer’s negligence. Although the paint was stocked by a new member of staff, it is your employer’s responsibility to make sure that work is completed correctly and that all items in the warehouse are stacked correctly. By neglecting to ensure that the work environment and practices were safe, your employer will be deemed liable for your compensation claim for a warehouse accident.
Your employer has already proved him or herself negligent for failing to check that the pain cans were correctly stacked and by not making an effort to rectify the hazard after your accident occurred. As inadequate stacking of items can possibly cause fatal injuries it is vital that you are recompensed for your pain, suffering and loss and also that your employer is held accountable for serious failings in his duty of care to provide a safe working environment.
The first procedure that you should carry out in order to make a claim for warehouse accident compensation – if you have not already done so – is to have your accident recorded in the Accident Report Book. Details of how the accident occurred, the injuries sustained and notes on anyone else involved in the accident should be logged in the Book along with the date and time of the accident and the details of any witnesses. It you also be beneficial if you gather evidence of employer negligence to support your claim.
If possible, photographs of the warehouse selves where the items are incorrectly stacked should be taken, especially of the paint cans which fell and caused your injury. Additionally, you should take photographs of other areas of concern, if there are several other examples of incorrectly stacked items in the warehouse. This will give weight to your claim by demonstrating the general lack of attention to the health and safety of workers by your employer.
You would be well advised in consulting a personal injury solicitor about making your warehouse accident compensation claim who can assess your personal case in the free initial consultation that most solicitors offer in order to determine whether or not it is viable. Your solicitor will be able to advice you on the correct procedures to take and will help ensure that your claim is handled as delicately as possible in order to minimise the risk of conflict between you and your employer.