Boxes and containers are an everyday part of a lot of people’s employment – especially for those working in the warehouse and distribution fields. But whilst a box or a container is designed to make carrying loads together an easier task, it can become a nightmare if something goes wrong with the box or container.
So what happens if a box or container you are using breaks and this causes an accident? Can you make a claim for personal injury compensation?
A container or box breaking can cause an accident in many ways. Some common examples can be:
- Muscular injuries form a sudden shift in weight if a box breaks and the contents fall out of it
- Tripping injuries – either from you tripping from something falling out, or if someone else trips
- Slipping accidents if the box contains liquid or similar slippery substances
- Cutting injuries from exposed sharp pieces if a box or a container is broken
- Impact injuries if something falls from a broken box or container and hits you
Whether you can make a successful claim for workplace injury compensation largely depends on exactly how the box or container has ended up broken. If a part of your role is to properly secure the box and you failed to do this, despite receiving proper training for it, then you could find it hard to claim. But where it’s the negligence of a colleague, or directly your employer’s negligence, that is where you may win a case.
Firstly, if colleague is responsible for failing to secure or a box or failing to inspect it or warn of a potential hazard they knew about, you can make a claim against your employer. Vicarious liability is a term that essentially means that the negligence of a colleague falls on to the employer. If you are failed by a colleague, your employer should pay out.
Another really common underlying cause for accidents like this though can be boxes or containers not being good enough to carry the load they are intended to carry. A thin cardboard box would not be the best thing to carry multiple glass bottles of liquids in, as an example.
If you have been provided with inadequate boxes or containers, this can constitute as a breach of The Provision and Use of Work Equipment Regulations which states that any and all work equipment should be suitable and not defective. Being provided with a rubbish box for the job can be seen as a clear breach as it isn’t a suitable container at all. Boxes and containers can fall within the scope of work equipment.
What to do
As there are so many rules and regulations for the workplace, it’s always worth contacting our friendly expert team here at The Injury Lawyers on 0800 634 75 75. Our advice is free and on an entirely no obligation basis, and we can normally tell you in minutes whether we think you have a claim or not.
It’s entirely confidential too – and as we work on a no win, no fee basis, you’ve really got nothing to lose by getting in touch!
