This guide examines who might be eligible to claim for logistics accidents. We cover the duty of care owed by all employers to their labour force and how breaches of this duty can cause a workplace accident. You will also see some examples that illustrate how such accidents could occur.
Compensation in accident at work claims is calculated under two different heads of loss. In addition to explaining this at length, we have provided a compensation table with guideline compensation brackets taken from a publication that could be used to calculate part of your award if your accident at work claim is successful.
To conclude our guide, you will see a short overview of the benefits you could experience when starting your potential claim on a No Win No Fee basis with one of our experienced personal injury solicitors.
To find out more about claiming for an accident in the logistics sector, you can talk to one of our advisors. As well as offering free guidance on the claims process, they can also provide a consultation regarding your eligibility to claim for zero charge. Contact a team member today via the following:
- Call us on 0800 073 8801.
- Contact us through our website.
- Open the live chat via the button at the bottom of your screen.
Browse This Guide
- How To Claim For Logistics Accidents At Work
- How Common Are Accidents In The Transportation And Logistics Sector
- What Accidents Could Happen In The Logistics And Transport Sector?
- What Could You Claim For Logistics Accidents At Work?
- Can You Claim For Logistics Accidents At Work With No Win No Fee Solicitors?
- Learn More About Transport And Logistics Accident Claims
How To Claim For Logistics Accidents At Work
The transport and logistics sector encompasses the supply chain executing the transportation and storage of goods, animals and people. Warehouses, haulage, and freight are all part of logistics. The use of large vehicles, heavy machinery and large loads of goods all contribute to the risk of accidents and serious injuries if appropriate health and safety measures are not in place.
An employer owes a duty of care to take reasonable steps to protect their employees as set out by the Health and Safety At Work etc. Act 1974. While this duty can be satisfied in a number of different ways, the Health and Safety Executive (HSE), Britain’s workplace regulator for health and safety, publishes guidance on measures relevant to the logistics sector.
Here are steps an employer could take to fulfil their duty of care:
- Providing appropriate and necessary protective equipment and clothing to all logistics employees free of charge.
- Ensuring loading and unloading areas are properly laid out and organised to maximise visibility and minimise complex manoeuvring.
- Training employees in safe loading, unloading, and use of vehicles and workplace equipment.
- Completing regular inspections of both the work environment and all work equipment, promptly carrying out any necessary repairs or replacements.
In order to claim for logistics accidents, you will need to demonstrate that your employer owed you a duty of care, and caused the accident in which you were injured through failing to meet this duty. Some possible examples of such accidents have been included later in this guide.
In the logistics industry, some workers may be self-employed, or you may work alongside different companies. This means that if you are injured while at work, it could be another third party that is at fault for the accident. The eligibility criteria remain the same. You must be able to prove that you were owed a duty of care, whether by an employer or another third party, that this duty was breached, which led to you suffering harm.
To learn more about when you could be eligible to begin an accident at work claim, speak to one of our advisors. Our dedicated team are available 24 hours a day via the contact information provided above.
What Is The Limitation Period For Personal Injury Claims For Logistics Accidents?
A typical accident at work claim is subject to a limitation period of 3 years from the date of the accident per the Limitation Act 1980. However, in atypical circumstances, an extension may be granted. For example, if you were a minor when the accident occurred, the 3 years are counted from your 18th birthday. For injured persons who lack sufficient mental capacity to pursue a claim on their own, the time limit is paused indefinitely.
In both of these instances, a suitable adult can apply to act as the injured person’s litigation friend and claim on their behalf. If you are unsure whether any exceptions apply in your particular circumstances, or you would like to know more about the time limits, contact our advisors today using the contact information given above.
How Common Are Accidents In The Transportation And Logistics Sector
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 RIDDOR, certain workplace injuries, accidents, and incidences need to be reported to the HSE. The HSE, among other things, when they receive these reports compile them into statistics.
For the transportation and storage industry statistics published by the HSE, there were 29,000 non-fatal injuries in the 3 years between 2020 and 2023. A third of these were slips, trips and falls. For fatal accidents, the most common was being struck by a moving vehicle, totalling 37% of the 15 fatal accidents in this sector in 2022/23.
The HSE also compile statistics from the Labour Force Survey LFS. These statistics account for self-reported accidents and injuries. Transportation and storage workers self-reported an estimated 55,000 of them suffering from work-related ill health; 36% were musculoskeletal disorders, and 30% were stress, depression or anxiety as an average estimate over 2020/21-2022/23.
Accidents happen all the time but not every injured employee or worker will be eligible to make a personal injury claim. For more information on common accidents and injuries in transportation, or further guidance on who could be eligible to claim for logistics accidents, get in touch today. Our advisory team is available 24/7 via the details given above.
What Accidents Could Happen In The Logistics And Transport Sector?
In this section, we look at how an employer’s breach of their duty of care can result in an accident at work. We provided a list of possible examples here:
- An accident in a warehouse occurred as workers had not received training on how to store goods safely. While you were completing a stock check, the badly loaded shelf collapsed. Falling objects, such as heavy boxes, caused a serious crush injury to your leg as you tried to get to safety.
- Your employer instructed an employee to use a delivery van that had faulty brakes. As you attempted to cross the delivery yard, the driver could not stop in time and collided with you, causing a serious brain injury that left you paralysed.
- The proper maintenance work had not been completed on a conveyor belt used for moving goods from storage to loading in a rail depot. The employer had instructed the depot workers to use the conveyor regardless. You received a serious electric shock due to faulty wiring.
This list is, of course, non-exhaustive. There are several other situations that could arise where an employer has failed to uphold health and safety laws. To find out more about who might be eligible to claim for logistics accidents, speak to our advisory team today.
Why Do Fatal Accidents Occur In The Logistics and Transportation Sector?
Heavy loads, industrial machinery and HGVs all contribute to accidents. Owing to the size and power of the equipment involved, the risk of a fatal accident at work is heightened when these work systems are not properly planned out, equipment is not maintained, workers are not provided with the correct PPE, no risk assessments are carried out or workers do not receive the correct training.
As mentioned above, the most common cause of workplace deaths in logistics is vehicle-related accidents. As a dependent, or the estate, of the deceased, you may be eligible to claim compensation for the death of your relative. Talk to our advisors for more information on claiming compensation for a fatal accident at work.
What Could You Claim For Logistics Accidents At Work?
In this section, we look at how damages are calculated in personal injury claims for logistics accidents. As we mentioned in the introduction, compensation for accidents at work can be awarded under two different heads of loss.
General Damages compensate for the physical and psychiatric harm caused by the employer’s breach of their duty of care. Whereas your financial losses that stem from that harm can be reimbursed under special damages. These both will combine the final settlement.
If you have chosen to be represented by a solicitor they can calculate a potential compensation figure by referring to the guidelines from the Judicial College. Commonly referred to as the JCG, this detailed publication provides guideline compensation brackets for various injuries. You can see some relevant JCG brackets in the table here, the first entry is not a JCG figure.
Compensation Table
Since compensation in accident at work claim is dependent on the individual facts of each case, this table is intended as guidance only.
Type of Injury Sustained | Severity | Guideline Compensation Amount | Notes |
---|---|---|---|
Multiple Severe Injuries Plus Financial Losses And Costs. | Very Severe | Up to £1,000,000+ | The injured person has sustained multiple serious injuries as well suffered a loss of income, alongside care costs, medical expenses and other special damages. |
Injuries Involving Paralysis | Quadriplegia | £324,600 to £403,990 | Paralysis of the upper and lower extremities. At the upper level of this bracket, the injured person will have a significant sensory or communicative deficit, or be in physical pain. |
Brain Damage | Moderately Severe (b) | £219,070 to £282,010 | Very serious cognitive or physical disablement with a substantial dependence on others and need for around the clock professional care. |
Amputation of Arms | Loss of One Arm (b)(i) | Not less than £137,160 | Amputation of one arm at the shoulder. |
Leg Injuries | Severe (b)(i) | £96,250 to £135,920 | Injuries that fall short of amputation but are treated similarly because of their severity, such as a gross shortening or extensive degloving of the leg. |
Chest Injuries | Traumatic injury (b) | £65,740 to £100,670 | Traumatic chest injuries that result in permanent lung and/or heart damage, functional impairment and physical disability. |
Back Injuries | Severe (a)(ii) | £74,160 to £88,430 | Serious cases with special features such as damage to nerve roots and associated disabilities such as sexual dysfunction, impaired bladder and bowel control and impairment of mobility. |
Severe (a)(iii) | £38,780 to £69,730 | Fractures, soft tissue damage, or disc lesions leading to chronic conditions and continuing disabilities such as psychological harm, impaired agility and severe pain. | |
Wrist Injuries | Complete Loss of Function (a) | £47,620 to £59,860 | Injuries that result in the total loss of wrist function. |
Injuries to the Elbow | Less Severe (b) | £15,650 to £32,010 | Injuries that result in functional impairment but not significant disability. |
Special Damages In A Logistics or Transportation Accident Claim
Special Damages is the second head of loss that personal injury compensation can be awarded under following successful claims for logistics accidents. We have included some potential costs you could receive compensation for here:
- A loss of earnings due to leave from work.
- The costs of transport if you have been medically advised to not, or are unable to, drive.
- Physiotherapy, prescription drugs or other medical bills.
- Home alterations in cases where your mobility has been reduced, such as an accessible shower or a stairlift.
- Domestic care and support, such as help with gardening and maintenance, food preparation and cleaning your home if you can no longer carry out these tasks safely by yourself.
Remember, you will need to submit supporting evidence to claim for financial losses. Keep hold of your payslips, travel tickets and any receipts to be used as part of your body of supporting evidence for your claim.
These examples have been included to give you an idea of what damages a compensation payout could cover. To get a more detailed estimate of how much compensation you could claim, talk to an advisor today using the contact information given below.
Can You Claim For Logistics Accidents At Work With No Win No Fee Solicitors?
To find out if you could be eligible to claim for a logistics accident at work, speak to one of our advisors. If your potential claim is deemed valid, one of our experienced accident-at-work solicitors could offer you a Conditional Fee Agreement (CFA).
The CFA is a No Win No Fee contract that offers potential claimants some notable advantages. There are generally no upfront fees to pay, or fees levied during the claims process itself for the solicitor’s work. You will likewise not incur fees should the claim fail.
Personal injury compensation is awarded following successful claims. You and the solicitor will agree to a success fee before your claim begins, payable from your compensation in the event the claim succeeds. The success fee percentage that can be legally charged is capped at 25% by The Conditional Fee Agreements Order 2013. Claimants will, therefore, retain most of any awarded compensation.
To find out more about claiming for an accident in the logistics sector, you can talk to one of our advisors. As well as offering free guidance on the claims process, they can also provide a consultation regarding your eligibility to claim for zero charge. Contact a team member today via the following:
-
- Call us on 0800 073 8801.
- Contact us through our website.
- Open the live chat via the button at the bottom of your screen.
Learn More About Transport And Logistics Accident Claims
You can read more of our transport and logistics accident claims guides here:
- Read our guide on claiming for accidents while unloading a delivery lorry here.
- Learn about the eligibility criteria to claim for a work van accident and how compensation is calculated in vehicle accident claims.
- This guide looks at who could be eligible to make head injury claims.
We have also provided these external resources that may be of some use to you:
- The NHS has published guidance on back pain and the steps you can take to alleviate it.
- Read the guidance on manual handling at work and the steps employers should take to reduce the risk of injuries.
- You have a right to request CCTV footage of yourself, which can be useful in showing how a workplace accident occurred. Read more on the Government website.
Thank you for taking the time to read our guide on who could be eligible to claim for logistics accidents. To find out about making a claim in your specific circumstances, or to get answers to any questions you may have, contact our advisory team today. You can reach an advisor at any time using the contact information provided above.