A Guide To Unloading Injury Claims – How To Claim Compensation

By Lewis Hendrix. Last Updated 8th February 2023. Have you suffered an unloading injury in an accident at work? In this guide, we will look at whether you could make a personal injury claim after being injured while manually unloading heavy goods.

Unloading injury

Unloading injury claims guide

Additionally, we will discuss what makes a valid accident at work claim and the duty of care your employer owes you while in the workplace.

Unloading injuries can happen for a number of reasons, and we will explore these further on in this guide. Following this, we will discuss compensation and how legal professionals value personal injury claims. 

You may be wondering how legal representation could benefit your claim. This article will also look at how our expert solicitors could help you with a No Win No Fee arrangement in place. Our advisors are also available 24 hours a day, 7 days a week, to help you with your potential claim. 

To speak with a member of our team today:

Select A Section

  1. What Are Unloading Injury Claims?
  2. What Could Cause An Unloading Injury?
  3. How Could You Be Injured When Unloading A Vehicle?
  4. Safely Loading And Unloading Vehicles
  5. Calculating Damages For An Unloading Injury
  6. Talk To Us If You Were Injured Whilst Unloading A Vehicle

What Are Unloading Injury Claims?

You could make an unloading injury claim if you have been injured at work whilst performing manual handling duties. However, you would need to show that your employer’s negligence caused you to be harmed in order to do so. 

In various jobs, you may be required to unload deliveries or shipments as part of your work-related duties. However, moving or unloading heavy loads without adequate training or equipment could cause you to become injured.

According to the Health and Safety at Work etc. Act 1974 (HASAWA), your employer has a responsibility to take all reasonably practicable steps to keep you safe in the workplace. This is known as their duty of care. If your employer breaches their duty of care, and this causes you to suffer an injury, this is known as negligence.

To make a claim for an unloading injury, you will need to prove that you suffered your injury because your employer breached their duty of care, and this lead to you suffering an injury. 

Contact our advisors today to find out if you have a valid case or for more information on manual handling claims.

What Could Cause An Unloading Injury?

If your employer were to act negligently, you could potentially suffer an unloading injury. For example:

  • You could suffer a slip, trip or fall accident due to the loading dock not being clear of debris. You then suffer a broken ankle as a result of this.
  • Your employer failed to give you the appropriate manual handling training before assigning you to unloading duties. Due to this, you could suffer a back injury. 
  • Your employer makes you lift a load that is too heavy to carry safely, causing you to suffer a dislocated shoulder.

Regardless of the type of injury you sustain in a manual handling accident, in order for your claim to be valid, you must prove that your employer breached their duty of care and this is why you were harmed. For free legal advice about the process of claiming compensation, you can speak with an advisor today. 

How Many People Are Injured Whilst Loading Or Unloading?

The Health and Safety Executive (HSE) states that in 2020/21, employers reported that 51,211 employees suffered non-fatal workplace injuries. These reports were made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The HSE is the regulatory body for workplace health and safety in Great Britain.

Additionally, using these reports, the HSE provides statistics on the kind of accidents employees suffered. For example, there were: 

  • 9,314 injuries by handling, lifting or carrying.
  • 1,079 injuries were caused by being struck by a moving vehicle.
  • 177 injuries due to being trapped by something collapsing/overturning.

Contact an advisor today for further guidance concerning your specific accident at work claim. If your case is valid, they could connect you with a lawyer from our panel. 

Unloading A Lorry – Should I Receive Training?

According to the HSE, manual handling causes more than a third of all injuries in the workplace. Your employer should therefore have sensible health and safety measures in place to reduce the risk of injury when you are tasked with unloading a lorry.

The Manual Handling Operations Regulations 1992 sets out the duty of care that employers have to reduce any risks from manual handling. The legislation makes it a legal requirement for employers to provide you with competent manual handling training.

If your employer breaches this duty of care and causes an accident in which you are injured, for example you suffer a spinal injury, you may be eligible to start a claim. However, with spinal injury claims and any other type of personal injury, you’ll need to provide evidence of your employer’s negligence.

With years of experience in helping clients settle their claims, our injury solicitors can give you recommendations on what evidence to gather. Get in touch for more information.

How Could You Be Injured When Unloading A Vehicle?

There are various manual handling injuries you could suffer while unloading heavy goods. Some of the potential injuries you could suffer include:

For more information on workplace injury claims, contact an advisor today. They could listen to the details of your case and offer you guidance on whether you have a valid claim. 

Safely Loading And Unloading Vehicles

Alongside the HASAWA and the Management of Health And Safety at Work Regulations, the Manual Handling Operations Regulations 1992 sets out the specific measures your employer should be implementing when assessing manual handling risks to help prevent employees from suffering an unloading injury.

These include:

  • Avoiding manual handling that could cause injury altogether, where it’s reasonable to do so. 
  • Providing employees with the information they need to undertake the lift safely when it’s practicable. For example, they should be made aware of the weight of the load and the position of its centre of gravity.

If you were injured due to your employer breaching their duty of care, you could be eligible to make a claim for compensation. Contact us today to find out more about making a claim if you have suffered an unloading injury as a result of employer negligence.

Calculating Damages For An Unloading Injury

Settlements for accident at work claims can consist of general and special damages.

General damages aim to compensate you for the mental and physical harm you have suffered due to your unloading injury. Evidence, such as a copy of your medical records, could help support your claim for general damages.

To help you understand how much you could receive in compensation for your injury, we have created the following table. The figures we have listed have been taken from the 16th edition of the Judicial College Guidelines (JCG). This document helps legal professionals such as solicitors value compensation claims by providing guideline brackets. Please only use this table as a guide.

Edit
Injury Notes Amount
Hand Injuries (c) One hand will have been crushed, requiring it to be amputated. £96,160 to £109,650
Severe Knee Injuries (a) (i) The knee joint has been disrupted, which causes considerable pain and will require lengthy treatment. £69,730 to £96,210
Moderate Injury Resulting from Brain Damage (c) (iii) The ability to work is reduced, with memory and concentration affected. There is also a small risk of epilepsy. £43,060 to £90,720
Severe Leg Injuries (b) (ii) The person will require mobility aides for the remainder of their life, potential due to multiple fractures that take years to recover. £54,830 to £87,890
Severe Back Injuries (a) (iii) Fractures or lesions of the discs that can cause symptoms such as impaired agility and severe pain despite treatment. £38,780 to £69,730
Moderate Back Injuries (b) (ii) The muscles and ligaments in the back have been disturbed. This can cause backache. £12,510 to £27,760
Other Arm Injuries (b) One or both forearms suffer serious fractures that cause a significant disability. £39,170 to £59,860
Wrist Injuries (b) Some useful wrist movement remains despite a significant permanent disability. £24,500 to £39,170
Ankle Injuries (c) Moderate – Ligamentous tears in the ankle or fractures that make it difficult to walk or stand for a long time. £13,740 to £26,590
Shoulder Injuries (c) Moderate – Limited movement and discomfort for around 2 years due to a frozen shoulder. £7,890 to £12,770

Additionally, special damages compensate you for the financial losses you have suffered due to your injuries, such as loss of earnings from time taken away from work or mobility aids that you need because of your injuries. Evidence such as bank statements and receipts could help support your claim for special damages.

Our advisors can provide a free evaluation of your claim and what it could be worth when you get in touch today.

Talk To Us If You Were Injured Whilst Unloading A Vehicle

A personal injury solicitor from our panel may be able to take on your claim with a No Win No Fee agreement if you have suffered from an unloading injury. There are different kinds of No Win No Fee agreements, a popular kind being a Conditional Fee Agreement (CFA).

When you hire legal representation under a CFA, there is generally nothing to pay upfront to your solicitor, and you will pay a success fee to your solicitor if your claim succeeds. This is a small percentage of your compensation award, and the amount is legally capped. You usually won’t pay your lawyer anything for their services if the claim fails. 

Additionally, you can speak with one of our advisors if you would like more information on making a claim with a No Win No Fee agreement in place. They can also offer you free legal advice and are available to help 24/7.

To speak with one of our advisors today:

Related Manual Handling And Lift Truck Accident Claims

Below, we have included links to more articles by us:

If you are looking for additional information, then these resources might be useful to you:

If you have suffered an unloading injury and are wondering whether you have the basis for making a claim, contact our advisors today.

Guide by MR

Edited by CH