Case Study: £137,000 Compensation for Injured Warehouse Operative

How We Helped

After we spoke to our client, itbecame clear that her employer had shown significant negligence in the lead up to her accident. Most importantly, they had failed to put in place reasonable measures that could have prevented the accident from happening.

We considered this as part of her claim as well as the costs associated with her injuries. Our client was referred to a medical expert who recommended that she should be seen by a psychologist, urologist and a pain specialist.

Relying on friends to take her to and from these appointments, the cost of travelling to the hospital and to her nearest GP quickly built up. Covering this expense was made more difficult by her loss in earnings as she was unable to return to work after the accident.   

Our client’s existing and future costs were submitted as part of her accident at work claim.

The Outcome

Our client’s employer was ordered to pay compensation of £137,441.79 of which £62,441.79 was benefits that the claimant received and had to be paid back to DWP. Our client received £75,000 for damages and interest.

We were pleased with this outcome for our client and while it won’t undo the damage caused by her accident, we hope it will help her to start to move forward.

Why do accidents at work happen?

Inadequate training

Many accidents at work can be prevented with adequate employee training, and the Health and Safety at Work etc. Act 1974 was created to safeguard workers. The act states that all employers have a duty of care to protect their employees as much as possible. Improper training of employees regarding appropriate safety protocols is one of the leading causes of accidents in the workplace, especially in the realm of construction.

In high-risk industries where use of machinery or labour-intensive positions are held, the employer should always ensure that safety regulations are in place. Failure to provide relevant training for the role can result in a legal claim with the employer. Training can vary from showing employees how to operate machinery, climb a ladder, or even more low-risk roles such as desk work, where The Health and Safety (Display Screen Equipment) Regulations 1992 is in place to prevent injury.

Risk Assessments

Risk Assessments (or lack of) are also one of the leading causes of workplace accidents. In the world of workplace safety, conducting a risk assessment will play a pivotal role in identifying, analysing, and preventing any potential hazard. The role of a risk assessment is to undergo a systematic review of the environment, process, equipment, and procedure for any task so that the employer can mitigate any potential risk or threats that cause accidents. The detailed review will in turn eliminate the risks, however on occasion, risk assessments are missed, or actions are not taken on the identified problems.

Faulty or Poorly Maintained Machinery

In work environments where machinery is used, equipment must be tested to make sure it is working properly and is safe for employees to use. The Provision and Use of Work Equipment Regulations 1998 (PUWER) requires all work equipment to be maintained in efficient order and good repair, as poorly maintained equipment or machinery can result in a workplace accident. Employers must ensure that a maintenance log is kept up to date for any machinery that employees use, however, fatalities and injuries still occur. According to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) , there were 61,713 employee non-fatal injuries in 2022, where 11% were due to being struck by a moving object.

How Simpson Millar Can Help

If you’ve had a slip, trip or fall, and you were injured, our specialist Personal Injury Lawyers can help you. We know just how much it can affect your life, and we want to help you in as many ways as we can.

We offer a free claims assessment with one of our Accident at Work Solicitors – Just call us on 0808 239 3227, and we can give you specialist legal advice and help you understand if you have a claim.