Warehouse Accident Attorney

Warehouse accidents pose serious risks for the thousands of workers handling heavy machinery, managing inventory, and working under pressure to meet demand. A recent U.S. Department of Labor report highlights an injury rate of 5.5% per 100 employees in warehouse environments, double the national average for all industries. [1] 

When such accidents occur, seeking support from an experienced warehouse accident lawyer is essential. At Rosenfeld Injury Lawyers, we understand the challenges injured warehouse employees face when filing a workers’ compensation claim and are here to help you through every step of the claims process. 

Why Choose Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we bring years of experience handling warehouse accident cases and securing positive outcomes for injured workers. Our team has a strong track record in securing compensation for clients, ensuring they receive the support and legal representation they need.

 

Whether it’s a warehouse accident involving falling objects or inadequate safety, our attorneys are skilled in building strong cases based on the specific circumstances surrounding each incident. 

Common Causes of Warehouse Accidents

Warehouse accidents often result from hazards inherent to this fast-paced environment. While some may be unavoidable, many are preventable with proper safety protocols. Below are some of the most frequent causes of warehouse accidents.

Machinery Malfunctions

Heavy machinery, such as forklifts and conveyor systems, is crucial in warehouses but can be dangerous when poorly maintained, leading to severe injuries or even fatalities. Regular inspections and prompt repairs are essential for preventing machinery-related accidents.

Falls from Heights

Working on elevated platforms or using ladders to access high shelves can lead to falls, resulting in broken bones, head injuries, or even traumatic brain injuries. Employers are responsible for providing protective equipment and safety training to minimize these risks.

Slips and Falls

Warehouse floors are often busy with workers, equipment, and materials, creating a high potential for slip and fall accidents. Spills, clutter, and uneven surfaces can cause workers to lose their footing, leading to injuries like sprains, fractures, an, in severe cases, permanent disability. 

Keeping floors clear and clean is a basic but essential safety measure that, when neglected, can cause a warehouse accident.

Falling Objects

Improper storage practices or overcrowded shelving can lead to objects falling from high shelves, putting workers at risk of severe head injuries. Falling objects are particularly dangerous in warehouses, where items are often heavy or awkwardly shaped. Employers must enforce safe storage protocols to prevent accidents.

Heavy Lifting Injuries

Warehouse work frequently involves lifting and moving heavy items, which can result in manual handling injuries. The risk increases when workers aren’t trained on proper lifting techniques or given supportive equipment. 

Common Injuries Sustained by Warehouse Workers

Warehouses expose workers to various risks that can lead to serious injuries, impacting their quality of life and ability to work. Below are some of the most common injuries a warehouse accident lawyer sees.

Back Injuries

Heavy lifting and repetitive bending often lead to back injuries, including strains, herniated discs, and chronic back pain. These injuries can require extensive medical treatment and may limit a worker’s mobility and physical capabilities, sometimes permanently.

Fractures and Broken Bones

Falls, machinery accidents, such as forklift accidents, and being struck by heavy objects frequently cause fractures or broken bones. These injuries may necessitate long recovery periods, leaving workers unable to perform their duties and leading to substantial income loss.

Head Trauma

Injuries to the head, including concussions and TBI, are often caused by falling objects or slip-and-fall workplace accidents. Head trauma can result in cognitive and physical impairments, sometimes causing long-term or even permanent disability.

Repetitive Motion Injuries

Repetitive tasks, such as lifting or handling items continuously, can lead to repetitive stress injuries like carpal tunnel syndrome or tendonitis. These injuries develop over time, making it difficult for workers to perform even basic tasks without pain.

Understanding Warehouse Safety Regulations

Warehouse safety is heavily regulated by the Occupational Safety and Health Administration (OSHA), which enforces standards aimed at minimizing workplace hazards. 

These standards cover a range of safety protocols, including machine maintenance, fall protection, and proper storage practices, all designed to prevent warehouse accidents. For example, appropriate safety procedures for flammable materials must be followed to avoid fire hazards.

However, recent findings indicate a need for more stringent oversight. Between 2016 and 2021, OSHA inspected only 4.1% of warehouses annually. Of these inspections, 82% were in response to specific complaints rather than proactive ones. [1] 

Liability in Warehouse Accident Cases

Determining liability is essential for securing fair compensation following warehouse accidents. Liability in these cases often falls on the employer, but in some situations, third parties may also be responsible for serious accidents. 

Employer Liability

Employers are legally responsible for maintaining a safe workplace by following OSHA regulations and providing adequate training, equipment, and protective measures for all employees. 

This includes conducting regular safety inspections, ensuring machinery is maintained correctly, and providing protective gear when necessary, such as when working with hazardous or flammable materials.

If an employer neglects these duties, they can be held directly liable for injuries that result from their failure to maintain a safe environment. 

For example, if an employer fails to repair faulty machinery and an employee is injured, the employer may be liable for medical expenses and lost wages due to their negligence. Similarly, the company could be held responsible if an employer does not enforce proper storage practices and a falling object strikes a worker.

Third-Party Liability

In some cases, third parties, such as equipment manufacturers or contractors, may also share liability for a warehouse accident. Third-party liability typically applies when injuries result from a manufacturer’s defect or unsafe conditions caused by an external contractor.

For instance, if a forklift malfunctions due to a manufacturing defect and causes a serious injury, the equipment manufacturer could be liable for the damages. Similarly, if an external contractor fails to secure a load properly, leading to an accident, they may be responsible for injuries sustained by the workers.

Personal Injury vs Workers’ Compensation Claims

Following warehouse accidents, workers may pursue a personal injury or a workers’ compensation claim. Each serves a different purpose and offers distinct benefits. Understanding the difference can help warehouse workers determine the best path for securing fair compensation. 

Workers’ comp is a no-fault insurance system that provides benefits to workers injured on the job, regardless of who was at fault. 

A personal injury claim allows the injured worker to seek compensation from a third party (someone other than the employer) if their negligence contributed to the warehouse accident. For instance, if an injury was caused by faulty machinery, the injured worker may be able to file a lawsuit against the equipment manufacturer. 

An injured worker may sometimes pursue a third-party and a workers’ comp claim. This often happens when the warehouse accident involves a third-party contractor or a defective product. By filing both types of claims, the worker can access the immediate benefits of workers’ comp after a warehouse accident while also seeking additional damages. 

A warehouse accident lawyer from Rosenfeld Injury Lawyers can guide injured warehouse workers through both options, ensuring they receive the full scope of compensation they deserve. 

Warehouse Accident Compensation

The type and amount of damages available to injured workers vary based on the kind of claim pursued and the nature of the injuries sustained. 

Workers’ Compensation Claim

Those injured are entitled to workers’ comp benefits for most warehouse accidents. These benefits are designed to cover essential needs but generally do not provide compensation for non-economic damages like pain and suffering. They typically cover:

• All medical treatment required for the injury, including doctor visits, hospital stays, surgeries, medication, and any ongoing care related to the injury
• Temporary or permanent disability benefits based on the severity and impact of the injury, covering lost income or earning capacity
• Vocational rehabilitation benefits cover retraining or support for transitioning to a new role within the worker’s capabilities if the injury prevents them from returning to their previous job

Personal Injury Compensation

Unlike workers’ compensation, personal injury claims allow for broader damages, including non-economic compensation. They can cover:

• Current medical costs and anticipated future care needs, ensuring the injured worker has long-term support
• Lost wages and compensation for diminished earning potential if the injury limits the worker’s ability to earn in the future
• Compensation for physical pain and emotional suffering related to the injury
• Compensation for the loss of enjoyment and quality of life if the injury has reduced the worker’s ability to engage in activities they once enjoyed

Wrongful Death Damages

In tragic cases where a warehouse accident results in a worker’s death, wrongful death claims allow surviving family members to pursue compensation for:

• Funeral and burial expenses to cover the immediate costs associated with laying the deceased to rest
• Compensation for the income the deceased worker would have contributed to their family
• Compensation for the emotional toll of losing a loved one, including the loss of companionship, guidance, and emotional support
• Punitive damages to penalize the at-fault party and prevent similar incidents in the future in cases involving extreme negligence or willful misconduct.

Factors Affecting Compensation

Several factors can impact an injured warehouse worker’s compensation after an accident. 

The severity of the injury is one of the most significant factors in determining compensation. 

More severe injuries, such as traumatic brain injuries (TBI) or permanent disabilities, generally lead to higher compensation because of the extensive treatment and long-term care required. Severe injuries can also affect the worker’s ability to earn a living, increasing the value of lost wages and earning capacity.

Illinois does not impose caps on damages in personal injury cases, meaning there is no maximum compensation limit in these claims. However, the legal system governing workers’ compensation has limitations and may not cover all losses, particularly non-economic damages.  

Additionally, Illinois follows a modified comparative fault rule in personal injury cases. This means that if the injured worker is found partially responsible for the accident, their compensation may be reduced by their percentage of fault. 

For example, if a warehouse worker is deemed 20% at fault for an injury, their compensation will be reduced by 20%. However, if they are found to be more than 50% at fault, they may be barred from receiving any compensation through a personal injury claim. 

Finally, workers’ compensation benefits in Illinois cover medical bills, disability payments, and vocational rehabilitation but are subject to specific limits. Temporary and permanent disability payments are based on a percentage of the worker’s average weekly wage, up to a maximum amount that changes annually. 

Steps to Take After a Warehouse Accident

If you’ve been injured in a warehouse accident, taking the proper steps immediately can protect your health and ability to recover compensation within your legal rights. 

Seek medical attention right away, even if your injuries seem minor. Prompt medical care is crucial for your health and ensures your medical records accurately reflect the injuries you sustained. 

If you can, take photos or videos of the accident site, including any hazards or conditions that may have contributed to your injury. This documentation can further strengthen your case.

Then, inform your supervisor or employer about the accident immediately. Accident reports are essential evidence for the legal proceedings of any type of claim. 

Finally, contacting an experienced warehouse accident lawyer early—especially before speaking with an insurance company—can help you navigate your claim and avoid common pitfalls. 

How a Warehouse Accident Lawyer Can Help

Navigating the legal aftermath of an industrial accident can be challenging, making a warehouse injury lawyer invaluable in securing the compensation you deserve.  

From filing initial paperwork to handling your workers’ compensation claim or personal injury lawsuit, legal counsel from Rosenfeld Injury Lawyers ensures every step of the process is handled correctly. They will protect your legal rights throughout the legal process.

We will also help collect essential evidence, such as medical records, accident reports, and witness statements, to build a strong workplace accident case on your behalf. While insurance companies often try to minimize payouts, an experienced lawyer from our team will recognize insurers’ tactics and negotiate aggressively to secure fair compensation.

If your case requires a trial, your warehouse accident lawyer will represent you in court, advocating for your rights and aiming to maximize your compensation. 

Consult Experienced Warehouse Accident Attorneys Today!

If you or a loved one has been injured in a warehouse accident, contact us today to discuss your options and take the first step toward recovery. Call (888) 424-5757 or fill out our online form to seek legal advice during a free consultation. 

Specific Cases We Handle

• Window Washing Accident Lawyer
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• Chemical Exposure Lawsuit
• Conveyor Belt Accident Lawyer
• Heavy Equipment Operator Injury Lawyer

References: [1] OIG