Am I entitled to claim compensation for merchandise falling on foot in warehouse? A heavy weight fell upon my foot recently, resulting in a break. However my employer insists that he is not liable as my shift ended half an hour prior to the accident and I had no business being there. Is this true?
Regardless of whether or not you should have been present at your workplace after your shift had finished, you should still be entitled to compensation for merchandise falling on foot in warehouse. Your employer is obligated to provide you with a safe environment in which to work, and should he fail in this duty they will be liable for your accident. As long as you did not contribute to your accident or injuries in any way, your claim will be made against your employer’s insurance policy.
In order to claim against your employer, you must be able to determine that they were indeed liable for causing your injury. Should they have taken shortcuts in health and safety measures or inadequately trained staff in working methods this may be the case. For instance, if the equipment (machinery or protective) being used in the warehouse is inadequate or unsuited for the tasks at hand, or if employees were not suitably trained in stacking methods. For this reason your employer may be responsible for your injury, regardless of the time you were present in the warehouse at.
Your compensation for merchandise falling on foot in warehouse can be affected if you were in any way responsible for your own accident or injuries. This may be the case if you had caused the accident in question by ignoring previous training which was provided by your employer, or if you failed to seek medical attention for your injuries immediately following your accident. It may still be possible to claim compensation in this scenario — however the amount to which you may be entitled can be reduced to reflect your own carelessness.
As it appears that your employer may contest your claim to compensation for merchandise falling on foot in warehouse, you are advised to consult a personal injury lawyer at the earliest opportunity. A lawyer can advise you on the strength of your claim, help establish the identity of the liable party who caused your accident and determine the amount of compensation to which you may be entitled.