A Guide On How To Make A Claim For A Roll Cage Accident – How Much Compensation Am I Entitled To?

Roll cage accident claims guide

Roll cage accident claims guide

A roll cage is an everyday piece of equipment commonly used in most supermarkets, warehouses, shops and storage companies to distribute products around quickly and easily. As this piece of equipment is used frequently on a daily basis, a roll cage accident could happen at any given moment, if it is damaged, the person using it is not trained accordingly, the floor it is being rolled over is defected and damaged, it has not been stocked correctly etc.

A poorly maintained roll cage could cause a great impact on a person’s health and well being, which is why it’s important to understand why preventative measures are vital to workplace safety. In this guide, we will discuss what causes a roll cage crash, what injuries can result from a workplace accident and how maintenance of roll cages can prevent accidents causing injuries occurring. We will also look at how a workplace injury could be valid grounds to pursue a personal injury claim.

When you are ready to begin your claim, or you feel that your questions are still left unanswered after reading this guide, call our expert advisors on 0800 073 8801. They possess the knowledge and expertise to provide you with legal advice about your accident claim. Our panel of personal injury solicitors have up to thirty years’ experience in conducting no win no fee claims for victims of third-party negligence.

Select A Section

A Guide To Claiming For A Roll Cage Accident

A roll cage crash could be the result of a number of different causations, such as careless, improper loading or poor maintenance. As with all workplace machinery and equipment, there are particular regulations in place to ensure that roll cage safety is kept up to reasonable standards at all times. If the upkeep of these standards is ignored, the operator of a defective roll cage could have reduced control over the cage’s movement, which as a result could lead to a serious accident. This is not only a danger to the operator themselves but also those in the vicinity at the time of the accident. You can find more information about the safe operation of roll cages in this guide by the Health and Safety Executive (HSE).

Furthermore, according to the HSE the typical height of a roll cage can range anywhere from 1.55m to 1.83m and weight 500kg or more when fully loaded. Therefore, the purpose of roll cage laws is to ensure that a duty of care is upheld for both staff and members of the public. Without such regulations, a fully loaded trolley could be the cause of a serious roll cage accident. Even something as simple as having a basic understanding of how to stack a roll cage could prevent a traumatic accident. We will discuss these rules in greater length later into this guide and provide a clearer picture of what would be considered negligence in a roll cage accident.

What Is A Roll Cage Accident Or Crash?

Roll cage accidents can vary depending on different circumstances including; incidents in which the operator of a roll cage loses control over movement of the cage, and its contents, thus causing the trolley to crash, the roll cage is damaged and the operator cannot control it correctly causing an incident, the roll cage is stacked incorrectly due to poor training causing it to fall or tip over, the roll cage is damaged causing lacerations to the operator. There are many ways a roll cage accident could happen which could result in an injury. In such circumstances, it is possible for both the operator themselves and those in the vicinity at the time of the crash to become injured. As roll cages are utilised in most supermarkets, warehouses and factory settings, a defective roll cage accident could arise at any given moment if they are handled negligently.

As will be explained in greater detail in later sections of this guide, there are numerous factors which can induce such an accident, including a disregard for basic safety measures.

Roll Cage Safety Laws

To ensure that safety measures are kept to a reasonable standard at all times, there are roll cage rules in place to protect operators of this equipment. Generally speaking, the law requires that all health and safety risks are mitigated and, to the best of their ability, preventing any hazards from causing injury.

Under current legislation, there is a requirement for loads to be secured while transported, as set out in the Construction and Use Regulations 1986 and the Road Traffic Act 1991. Much like any other load, those transported by roll cages should be secured to the minimum requirements as addressed in the Department for Transport guidance.

There are three main elements which must be taken into consideration to ensure the safety of roll containers: loading, transportation and unloading. In all three categories, it is the responsibility of the operator to uphold the safety standards aforementioned at all times to minimise risks. If these measures are not adhered to at all times and the is a lapse in health and safety implementation accidents could happen that in reality could have been prevented.

For more information about roll cage safety laws, click here to read the Health and Safety Executive’s report on safe transport of roll cages.

Types Of Accidents Involving Roll Cages

There are several different types of roll cage accidents which, if caused by negligence, could be eligible for a personal injury claim. These could take place in any setting, including warehouses, supermarkets and factories. The following are just a handful of injuries which could be caused by roll cage accidents;

  • Crushed injuries: if the roll cage is over loaded or stacked incorrectly it could topple over causing cruising injuries to the body.
  • Trapped limbs: A person’s hand, foot, or any other limb can become trapped and crushed. As a result, a person could suffer a strain, fracture or possible deep lacerations.
  • Strains: A defective roll cage could strain an individual as they try to control the movement of the trolley, which can lead to back and arm strains if not trained correctly how to move and operate the cage.

It should be noted that a valid personal injury claim for a roll cage accident is not limited to those listed above. If you have been injured by a roll cage then you may be able to claim compensation for your damages if it can be proven that there had been a breach in the duty of care that is owed to you as an employee or member of the public.

Accidents Involving Broken And Faulty Roll Cages

Every piece of apparatus must be maintained to standards set out in legislation, including the wheels, roll cages and racks. The wheels of a roll cage are robust in design and therefore of good quality to bear the weight of a fully loaded trolley. However, if the wheels are not secured correctly, then it is possible for the entire cage to tip or for stock to fall on a person. This could lead to a foot injury, hand injury or, in more severe cases, fractures to various parts of the body.

Roll Cage Manual Handling Accidents

It is vital that the operator of a roll cage is not only trained to manoeuvre the roll cage, stack it correctly and ensure the safety of those while the cage is in transport but they should also be trained in the manual handling aspect of it, this not only includes how to lift the objects safely in and out of the cage but also how to correctly push and pull the roll cage.

If not trained correctly injuries could be caused by;

  • Pushing/pulling a roll cage (i.e. up slopes)
  • Preventing an unbalanced roll cage from falling
  • Repetitive loading/unloading
  • Falling from heights (e.g. off lorries)

The list above is not exhaustive. If you have suffered an accident at work from handling a defective roll cage, you could be entitled to compensation. Call us today to discuss your circumstances with an advisor.

Roll Cage Accidents In A Storage Area Or Warehouse

A roll cage accident could take place in several working environments, including a storage area or a warehouse. As a warehouse tends to be filled with various products, it could be a high-risk area for accidents to occur. This much is especially true if the stock is stacked incorrectly  or obstructing walkways.

Even a warehouse must be risk assessed on a regular basis to identify sensible measures to control the potential risks of a workplace environment. This allows hazards to be identified, evaluated and controlled to ensure there is protection from a roll cage crash at all times.

There is more information on workplace risk assessments in this HSE guide.

Supermarket Accidents Involving Roll Cages

If you were injured in a supermarket, you could claim a settlement for your injuries if they were caused through third party negligence. If you are injured because a roll cage was handled incorrectly, the roll cage was damaged and caused laceration injuries, it was stacked wrongly which caused it to fall on you; no matter how your roll cage accident happened if it could have been prevented you may have a case for compensation for the harm suffered.

This type of accident could range in a wide variety of injuries and severities. For example, you could claim compensation for a:

  • Injured hand
  • Finger injury
  • Fracture
  • Broken arm
  • Crushed foot
  • Head injury
  • Spine compression injury

There are two types of claimants in supermarket personal injury claims: employees and customers. However, it doesn’t matter which bracket you fall under, if your injuries were caused by the negligent actions of a third party, you could be entitled to make a claim.

Claims As An Employee

As the employee of a supermarket, you will be covered by your employer’s liability insurance. Therefore, in this type of claim a strong basis will be formed on Regulation 5 of the Provision and Use of Work Equipment Regulations 1998, as previously mentioned in this guide. The purpose of this legislation is to ensure that strict liabilities are imposed on employers for circumstances such as these. This means that whether the accident was caused by falling stock from an unbalanced cage or you were injured in a roll cage crash, you could possibly make a personal injury claim for compensation.

Claim As A Customer

If you were avoidably injured by supermarket roll cage as a customer in-store, you could also possibly make a claim. There are a number of common causes of roll cage accidents, including stock falling as a customer walks by or a roll cage colliding with a customer in a supermarket aisle. A claim of this type will look to incorporate a similar liability argument.

Accidents At Work Involving Roll Cages

Beginning a claim for a roll cage accident can be just as easy as any other accident claim. In order to conduct a strong compensation claim, you must first prove that your injury at work was the result of third-party negligence (i.e. defective equipment). In addition to this, there are specific pieces of evidence and information which will need to be gathered in order to support your case. This includes:

  • Documentation for loss of earnings
  • Further medical information (I.e. hospital notes, GP assessments, etc.)
  • Contact details of your employer
  • Witness contact details
  • Photographic evidence of the incident (where possible)
  • A report of the incident in an accident log book

The claim will also need to be conducted within the relevant personal injury claims time limit. If you have been injured at work by a roll cage accident, call us today. A personal injury lawyer from our expert team will be able to assist you in gathering this evidence and advise you on what further steps to take in order to pursue a claim.

Roll Cage Accident Personal Injury Claims Calculator

There are various types of injuries which can result from a roll cage accident, some of which are explained in the table below. Please note that these figures are based on JC Guidelines and are generic they do not take into account how the injuries occurred. These figures only reflect the pain and suffering plus loss of amenity. They do not take into account any financial losses. they are accounted for in the next section.

InjurySeverityAmountInformation
Hand InjurySerious£27,220 to £58,100The individual’s hand will be reduced to 50% capacity. In addition to this, cases of amputation whereby several fingers are left in gross diminution of grip and dexterity.
SevereUp to £34,480An injury of this type will lead to partial amputation and result in deformities, impairment of grip, reduced mechanical function and disturbed sensation.
Less Serious£13,570 to £27,220This bracket includes severe crush injuries. These will result in significant impairment function without future surgery or despite operative treatment undergone.
Moderate£5,260 to £12,460The top of this bracket will look to injuries whereby surgery has failed and thus permanent disability remains. Whereas the bottom of this bracket will look to injuries of permanent but non-intrusive symptoms.
Foot InjuryAmputation Of One Foot£78,800 to £102, 890The injury is treated with amputation, either at the ankle or to a ‘below-knee’ due to loss of the ankle joint.
Very Severe£78,800 to £102,890In order to qualify for this bracket, the injury must produce permanent or severe pain, alongside permanent disability. For example, a traumatic amputation of the forefoot where full amputation is needed would be included in this bracket.
Severe£39,390 to £65,710A fracture to both heels/feet with substantial restriction on mobility and permanent pain will be considered for this bracket. In addition to this, an injury that lead to severe degloving, ulceration or other disability preventing the wearing of ordinary shoes will also be included into this severity.
Serious£23,460 to £36,790The injuries in this bracket will be of less severity than those mentioned above. However, serious injuries will result in continuing pain from traumatic arthritis (or risk of future arthritis) and prolonged treatment.
Neck InjurySevereIn the region of £139,210A neck injury associated with incomplete paraplegia or that results in permanent spastic quadriparesis. The victim will wear a collar for 24 hours a day for a period of years but will still have little or no movement in the neck region.
Back InjurySevere£85,470 to £151,070A combination of very serious consequences will result from cases of severe damage to both spinal cord and nerve roots. The individual’s bladder, bowel and sexual function will also be impaired because of this.

Special Damages In Compensation Claims

In order for your personal injury lawyer to calculate your potential damages, they will take into consideration two main categories: General Damages and Special Damages. These categories encompass a series of different factors which will impact your monetary amount. Below you can find a summary of each category along with what type of expenses are taken into consideration.

General Damages: Any part of your claim which cannot be quantified (i.e. physical and/or psychological injuries) will be included in this category. This is why your medical assessment is an important part of your personal injury claim as it will highlight the extent of your injuries, along with your future prognosis. Understandably, a monetary amount cannot undo a traumatic experience or lifelong injury, however it can alleviate some financial implications resulting from the accident.

Special Damages: Any area of your personal injury claim which can be quantified (i.e. travel costs, loss of earnings, medical expenses, etc.) are included in this category. This means that if you have found yourself paying for extra treatment during your recovery period or you were forced to take time off work because of your injuries, you could be entitled to claim it back as compensation.

No Win No Fee Claims For An Accident With A Roll Cage

When you begin your claim for a roll cage accident, a personal injury solicitor from our expert team will offer for you to do so under a No Win No Fee agreement. Also known as a Conditional Fee Agreement (CFA), this is a form of financial agreement which a large number of injury claims are conducted under. A typical claim under this type of agreement requires no up-front fees or start-up costs to begin your claim. In addition to this, you will only be held accountable for your solicitor’s fees on the grounds that your legal representative secures a settlement amount on your behalf. This is known as a ‘success fee’ and it will be deducted from the final amount. You should note that this is legally capped at 25%, however you will discuss the details of this fee prior to beginning your claim.

If your solicitor is unsuccessful, you will not be held accountable for their fees. Therefore, the financial risk of conducting a compensation claim for your injuries is significantly reduced.

How Our Workplace Accident Claims Team Could Help You

Our expert legal representatives could help you secure a settlement amount for an injury sustained after a negligent roll cage accident; all you have to do is pick up the phone and begin your claim. With up to thirty years’ experience held by our personal injury lawyers, we could help settle your claim on your behalf. In most cases, we can even communicate with you by telephone or email to avoid meeting with your solicitor in person.

Start Your Claim For A Roll Cage Accident

Call us today to discover how much you could be entitled to. A friendly advisor from our expert team will assess the validity of your claim and provide you with an expert opinion of what steps you should take to move forward with your claim. We offer free, no obligation consultations to all our clients and we would be more than happy to evaluate the circumstances of your claim.

You can reach our expert team by:

Essential References

Manual Handling Claims
Our detailed guide to how compensation can be claimed for a manual handling injury.

Factory Accident Claims
If you have been involved in a factory accident, you could benefit from this guide.

Back Injury Claims
Are you suffering a back injury after a roll cage crash? If so, read our guide to back injury claims.

NHS Guide To Back Pain
Advice and recommendations by the NHS of how to spot and treat back pain.

Workers’ Health And Safety
This guide by the HSE provides information on what rights and responsibilities a worker has for their health and safety at work.

Article by HH

Edited by MM.