Pallets are used in factories, warehouses and storage centres to make it easier to move and stack items of stock. Used correctly, they make workplaces much more efficient but, unfortunately, accidents involving pallets do sometimes happen. Importantly, pallet accidents that are caused by your employer’s negligence could mean you are entitled to compensation for any injuries. This article on pallet accident injury claims will review some of the scenarios that could lead to a claim and the types of pallet injuries you could claim for.
We’re here to support you if you’ve got any questions about pallet injury claims. Firstly, an advisor will review your claim with you and then they’ll offer free legal advice about what you could do next. If it appears that you have a valid claim and one of our personal injury lawyers decides to work for you, they’ll deal with your case on a No Win, No Fee basis. As such, legal fees don’t have to be paid unless you are awarded compensation.
Call us today on 0800 652 1345 to discuss your case or read on to find out more about how we can help with pallet accident claims.
Can I claim compensation for a pallet accident?
Laws such as the Health and Safety at Work Act 1974 and the Provision and Use of Work Equipment Regulations 2018 mean your employer has a duty of care to try and keep you safe at work. A failure to uphold this legal duty could mean you’re entitled to compensation if you are injured at work.
In any type of personal injury claim, the onus is on the claimant to prove how they were injured and who was to blame. As such, before your claim is accepted by a solicitor from our panel, they will assess whether:
- Your employer was negligent in some way; and
- A pallet accident occurred as a result of that negligence; and
- You were injured by the pallet accident.
If you call our advisors they’ll go through these questions with you initially to see if a claim is likely to be accepted.
Will I get sacked for lodging a pallet accident at claim?
You needn’t be concerned about your employer taking action against you if you claim compensation from them. If that were to happen, they’d be likely breaking the law and you might have grounds to claim for constructive or unfair dismissal in addition to personal injury compensation.
How do pallet-related injuries commonly occur?
Pallet-related accidents can occur in several ways. Some examples include:
- Where a stack of items falls onto you because a damaged pallet gives way.
- If a pallet stack falls because it has been stacked unsafely.
- Where you are crushed by a forklift truck because the operator’s view was obscured by a pallet.
- When you pull a muscle while trying to pull too heavy a load on a pallet truck.
- If your foot is severely broken by a pallet that falls from a faulty or poorly maintained powered pallet truck.
- Where a pallet falls from a lorry when it is being unloaded and crushes you.
This is just a sample of how pallet accidents can occur. If you’ve been injured in a pallet-related incident at work, call us to see if you’ve got grounds to make a compensation claim.
Common types of injuries from pallet accidents
Due to the weight and size of some items stacked on pallets, accidents can result in very serious injuries. That said, it may be possible to claim for relatively minor injuries as well. Some of the most common injuries that can result from pallet accidents include:
In the very worst scenarios, pallet accidents can lead to life-threatening or even fatal injuries.
Negligence leading to pallet accident claims
As described previously, some form of negligence by your employer must be to blame if you’re to claim for any pallet-related injuries against them. Some examples of the types of negligence causing a pallet accident and personal injuries that may lead to a claim include:
- If pallets were not regularly checked for damage or signs of wear.
- Where pallets were overloaded or allowed to be stacked higher than the recommended height.
- If staff were not trained on how to use pallet trucks or forklifts safely.
- Where Personal Protective Equipment (PPE) was not supplied where necessary.
- If a warehouse was poorly designed or regular risk assessments were not carried out to try and prevent warehouse accident claims.
- Where staff were not made aware of the company’s safety procedures.
If you’ve been injured in an accident involving a pallet at work, please call us to see if you might be entitled to claim for any injuries.
How much compensation for a pallet accident can I claim?
When you claim for a pallet accident at work, you can’t simply suggest a lump sum of money you’d like to be paid to close the case. Instead, you’ll need to justify every pound you ask for. Generally, claims are based on the physical, psychological and financial impact of your injuries.
As such, if a successful pallet accident claim is made, your settlement could cover:
- The discomfort, pain and suffering caused by any physical injuries.
- Distress, flashbacks, depression and other types of psychiatric harm.
- Lost earnings and future losses for longer-term injuries.
- Travel costs.
- Loss of enjoyment of hobbies and your usual activities while injured.
- Care costs if someone looked after you while you were recovering.
- Replacement property costs i.e. to replace clothing damaged in the pallet accident.
- Home or vehicle modifications if you need to make them to help you deal with any ongoing disability.
The idea of any settlement is to help you recover as much as possible. As such it’s important that you ensure all aspects of your suffering from the pallet accident are covered. If you work with a solicitor on our panel, they’ll guide you through this process to try and secure the correct level of compensation.
How will my solicitor calculate what my claim is worth?
The part of your claim that deals with your personal injuries is called general damages and any compensation is based on the extent of your suffering. So, in all workplace accident claims, an independent medical assessment will be needed.
The aim of the meeting is to find out how your injuries have affected you. As such, the specialist who conducts the meeting will examine any remaining injuries and talk to you about any problems your injuries caused.
The report that follows the medical assessment will help your solicitor when it comes to calculating how much compensation your claim is worth.
Providing proof for pallet accident claims
At the time of being injured by a pallet, you should try to secure as much proof about what happened as possible. While this might not be your immediate thought, taking the following steps could improve your chances of being awarded compensation:
- Take photographs. If your injuries allow you to, try to take pictures of the pallet accident scene from various angles. The best time to do this is before any of the pallets or stock are removed from the scene.
- Report the accident. You should always report workplace accidents at your earliest opportunity. Legally, an accident report will need to be filed and you should be offered a copy. This can be a good way of confirming when and where the pallet accident occurred.
- Seek medical treatment. You should visit A&E or a minor injuries unit for any injuries that you’ve sustained or visit your GP as soon as possible for any less serious injuries. Medical records can be requested to prove how you were injured.
- Speak to witnesses. You should check that anyone who saw the pallet accident is happy to speak to your solicitor if needed. If they are, provide their contact details when you begin your claim.
- Secure video footage. If there is any CCTV footage of the incident, request a copy. Be aware that most companies don’t retain footage for more than a month so you should make your request early.
Even if you haven’t taken each of the steps outlined above, you can still call our team to discuss your options. If your pallet injury claim is accepted, your solicitor will look to secure any additional proof needed to win your case.
No Win, No Fee claims
Our personal injury solicitors want to make the claims process as easy as possible for claimants. As such, if one of them agrees to act on your behalf, they’ll manage everything on a No Win, No Fee basis. That means your stress levels and financial risk should drop dramatically.
When you agree to work with a solicitor, they’ll forward you a Conditional Fee Agreement (CFA) to read and sign. This contract will explain what work the solicitor will do and that:
- You are not expected to pay any legal fees upfront.
- If your pallet accident claim fails, you don’t pay for your solicitor’s time.
- If there is a positive outcome, a portion of your compensation will be deducted to pay for your solicitor’s work (a success fee).
The success fee is legally capped so it can be no higher than 25% of your total compensation.
During your compensation claim, your solicitor will deal with everything on your behalf. That means that you won’t need to deal with your employer or their insurer at any point. Regular updates will be sent by your solicitor and they’ll be around to answer any queries you may have.
If a settlement offer is made by the defendant, your solicitor will provide advice on what to do next. In all cases, your solicitor will aim to secure the highest amount of compensation possible.
Can I claim on behalf of someone else?
If a loved one has been injured in a pallet-related accident, you could claim on their behalf if they have lost the mental capacity to deal with the claim themselves. Any compensation received could be used to cover their care costs or to make changes to your home to make it more accessible for them.
Additionally, you may wish to claim if a loved one died in a pallet-related accident. While compensation won’t make your loss any easier, it could help you to deal with any financial implications of your loss. For example, a claim could be made to recover funeral costs or payments might be requested to help you if you were financially dependent on the deceased’s income.
If you’d like to start a pallet accident injury claim on behalf of someone else, please call our team for free advice on how to proceed.
Pallet accident claim time limits
If you’ve been injured in a pallet accident at work and would like to seek compensation for your suffering, you will need to abide by the 3-year claims time limit. In most pallet injury claims, the limitation period will start on the date the injury was suffered.
If you leave the claim too late, you might miss out on any compensation that might be due. As such, it’s probably a good idea to take action as soon as you can following your accident. Usually, starting your claim early will make gathering proof to support the claim easier. Furthermore, you might receive interim payments before your claim has been processed to help you cover medical expenses or cope with lower-than-usual wages while you’re injured.
Start a pallet accident claim today
Our panel of personal injury solicitors can help if you’d like to lodge a pallet-related accident at work claim. Simply call 0800 652 1345 today and an advisor will begin by reviewing your claim right away. As well as offering free legal advice, your advisor will answer any questions you might have about the claims process.
Our solicitors offer a No Win, No Fee service for any pallet accident claim that’s taken on so you can relax knowing that you’ll only pay legal fees if you are paid compensation.
If you have any further questions about pallet accident claims, please use live chat to get in touch.