If you've been injured while working in a shop and your employer was at fault, we can help you make a retail worker accident claim.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Retail Worker Accident Claims
If you were injured while working in retail because your employer has failed to protect your health and safety, you may be eligible to make a retail worker accident claim.
Accidents in the retail sector include slips and trips caused by wet floors or cluttered aisles, falls from ladders, manual handling injuries, and being struck by poorly stacked items. These can cause various injuries, from mild cuts and strains to life-changing brain injuries.
If you believe your employer has failed in their duty of care towards you, you should seek legal advice and find out if you can make a claim. Our team of workplace accident lawyers will offer you a free consultation and advise you on your chances of making a successful compensation claim.
To get started, call 0800 470 0472 today or use our online claim form to request a call back.
Table of Contents
Do employers owe a duty of care to retail staff?
Like all employers, retailers owe their employees a legal duty of care under the Health and Safety at Work Act 1974 and should take the following steps to prevent workplace accidents:
- Conduct regular risk assessments to identify possible hazards.
- Implement and enforce safe systems of work.
- Provide training on health and safety practices and the correct use of equipment.
- Train employees on how to perform manual handling tasks safely.
- Maintain floors and walkways clean and free from slip, trip, and fall hazards.
- When necessary, supply adequate personal protective equipment (PPE).
- Ensure all equipment and machinery are properly maintained and repaired.
- Allow adequate rest breaks and job rotation to prevent fatigue.
- Implement security measures to protect against workplace assaults and harassment.
For more information, see also the Health and Safety Executive’s guidance on health and safety in retail.
Am I eligible to make a retail worker accident claim?
The easiest way to determine if you can make a personal injury claim following a retail work accident is through a free consultation with a legal adviser. They will be able to determine if:
- Your employer owed you a duty of care legally.
- They breached this duty and caused an accident to happen.
- Your injuries and losses are a direct result of that accident.
- You are within the legal time limit for starting a claim.
If these can be established, you will be paired with an experienced personal injury solicitor who will help you make your claim and get the compensation you deserve.
What types of negligence could lead to a retail worker injury claim?
If you were injured at work due to your employer’s negligence, you may be able to proceed with a retail worker accident claim for compensation. Under the legal principles of vicarious liability, you may be entitled to claim even if a work colleague caused your accident.
Examples of negligence in retail injury claims include:
- Poor maintenance of floors, equipment or machinery.
- Inadequate manual handling training.
- Working too long without breaks.
- Failing to provide adequate PPE.
- Not training staff on how to deal with aggressive customers.
- Being knocked off your ladder by a work colleague.
- Being hit by items falling from poorly stacked shelves.
- Being assaulted by a customer due to a lack of security.
This list is not exhaustive. Many other types of negligence can lead to a work accident claim for injuries suffered in the retail industry.
How do I claim compensation as a retail worker?
To protect your legal rights and make a successful compensation claim following a retail accident, you should:
- Seek medical attention to have your injuries diagnosed and treated immediately.
- Report the incident to your employer and make sure they document it in the accident book.
- Gather as much evidence as possible, such as photos and CCTV footage.
- Ask for the contact details of any witnesses to your accident.
- Keep a record of your symptoms and their impact on your life.
- Contact a solicitor to discuss your eligibility to make a retail worker compensation claim.
If your case has merit, your solicitor will guide you through the claims process. They will help you collate all the necessary evidence, calculate your compensation and negotiate a fair settlement on your behalf.
What evidence do I need to support my retail accident claim?
Various types of evidence can be helpful when making a claim following an accident at work, including:
- Medical records and an independent medical report that your solicitor will arrange for you.
- Visual evidence of the accident, such as photos, videos or CCTV footage, if available.
- A copy of an accident report filed with your employer.
- Pictures of any visible injuries and your recovery process.
- Statements from colleagues or other witnesses to your accident.
- Workplace training and maintenance records.
- Your testimony detailing what happened and how your life was affected.
- Evidence of financial losses, such as payslips and invoices.
- Police reports, if you were assaulted at work.
What are the most common accidents in the retail sector?
Some of the most common retail worker accidents include:
- Slips, trips and falls due to wet floors, cluttered aisles or poorly maintained flooring.
- Manual handling injuries from lifting, carrying and moving heavy items.
- Being hit by falling objects that are stacked incorrectly on shelves or in stockrooms.
- Falls from ladders or step stools.
- Repetitive strain injuries from overuse and repetitive movements without adequate breaks.
- Workplace assaults and harassment from customers or even other colleagues.
- Accidents involving equipment and machinery, such as pallet trucks or forklifts.
These and other accidents can lead to various injuries to retail workers, including:
- Cuts and lacerations.
- Sprains and strains.
- Broken bones and dislocations.
- Head and brain injuries.
- Back and spine injuries.
- Leg injuries.
- Arm and hand injuries.
Can I make a claim if I am not a full-time shop worker?
Under the Health and Safety at Work Act, employers have a duty of care to protect all staff from accidents and injuries, not just full-time employees. This duty extends to:
- Part-time workers.
- Agency or temporary workers.
- Zero-hours contract workers.
- Apprentices and volunteers.
- Contractors and self-employed individuals.
This means they must provide you with proper training, safe equipment and a hazard-free environment regardless of your working hours or contract type. If this duty is breached and you are injured, it is still possible to claim, even if you are not a full-time retail employee.
Can my employer dismiss me for making a compensation claim against them?
If you were injured at work due to your employer’s negligence, they are liable to compensate you for your pain, suffering, loss of earnings and other related damages.
The Employment Rights Act 1996 protects your right to claim compensation from your employer and ensures they cannot dismiss or discipline you because of it. If they do, you could make a separate claim for unfair or constructive dismissal.
All employers must hold employers’ liability insurance to cover the cost of such claims. This ensures that, if you are awarded compensation, your employer will not be left out of pocket.
Can I make a claim following an assault at work?
Sadly, workplace violence is a serious issue in the retail sector. According to a survey from 2023, 70% of retail workers have experienced verbal abuse, 54% racial harassment, and 18% say they have been physically assaulted.
If you suffered any abuse at work, whether from a customer, colleague or member of the public, you may be able to claim compensation. Even if you were not physically injured, you could still make a claim for the psychological and emotional distress caused.
Your employer has a duty to provide a safe and secure workplace. They could be liable if they failed to take reasonable steps to protect you from the risk of assault. If they did take all measures, you could still claim compensation through the CICA if the assault was reported to the police.
Can I claim compensation on behalf of a loved one?
If a family member suffered a work injury while working in retail and cannot handle a claim themselves, you may be able to represent them as a litigation friend.
This could be the case if they are under 18 or are mentally incapacitated because of their accident or a pre-existing condition. You can read more about how you can claim on behalf of a loved one here: What is a litigation friend?
What is the time limit for making a retail worker accident claim?
The general time limit to claim for retail workplace injuries is three years under the Limitation Act 1980. This starts from the date of your accident or from when the injury is diagnosed and linked to negligence (the date of knowledge).
There are a few exceptions to this limitation period, which you can read more about here: What is the time limit to make a personal injury claim?
Regardless of your circumstances, it’s essential to act promptly and not delay seeking legal advice. The sooner you speak to a solicitor, the easier it is to gather evidence and increase your chances of securing compensation.
How much compensation could I receive for my injuries?
The compensation you could claim will be calculated based on your specific losses and will include two types of damages. General damages cover your pain and suffering, while special damages are awarded for any financial losses and expenses incurred as a result.
For example, you could receive the following compensation awards based on the 18th Edition of the Judicial College Guidelines:
| Injury Type | Description | Compensation |
|---|---|---|
| Brain Damage | Moderate brain damage likely to affect the senses, with some dependence on others | £57,000 - £289,000 |
| Bowel Injuries | An abdominal injury resulting in impaired function | £59,000 - £92,000 |
| Back Injuries | Back injuries causing chronic conditions and permanent disabilities | £51,000 - £92,000 |
| Ankle Injuries | A severe ankle injury requiring extensive treatment and causing permanent walking difficulty | £41,000 - £66,000 |
| Knee Injuries | A significant knee injury causing ongoing pain, restricted movement or instability | £35,000 - £57,000 |
| Neck Injuries | A neck injury causing immediate severe symptoms and possibly requiring spinal fusion | £33,000 - £51,000 |
| Work-Related Upper Limb Disorders | Work-related upper limb disorder recovering fully within 3 years | £11,000 - £14,000 |
| Wrist Injuries | A wrist fracture or soft tissue injury taking more than a year to recover | £8,000 - £14,000 |
Use our free personal injury compensation calculator to find out in minutes how much your claim could be worth.
How long will a claim for a retail accident take?
Your personal injury claim could take between a couple of months and a few years to settle, depending on several factors, such as:
- The type and severity of your injuries.
- Your employer’s willingness to admit liability and negotiate a settlement.
- The value of your claim and the complexity of the case.
Read more about this: How long does a work accident claim take?
If you have an urgent need for financial support, your solicitor may be able to secure interim payments for you while the case is ongoing.
Can I claim retail worker injury compensation on a No Win No Fee basis?
If you were injured while working in a shop and you are entitled to compensation, your solicitor will represent you under a conditional fee agreement. Making a no win no fee claim means that:
- There will be no upfront fees and no financial risk.
- If you lose, you will not have to pay your solicitor anything.
- If you win, your solicitor will deduct a percentage of your compensation, known as a success fee. This is agreed upon at the outset and cannot be more than 25% of your general damages and past financial losses.
Get free legal advice today!
If you had an accident while working in retail and you want to claim compensation, our team of solicitors are here to help. They will offer you a free consultation and legal advice, and if you can proceed, they will:
- Offer you a 100% no win no fee service.
- Help you gather supporting evidence.
- Handle all communication with your employer and their insurer.
- Negotiate to maximise your compensation.
- Keep you updated throughout the process.
To find out if you are eligible to claim compensation for a retail worker accident, call 0800 470 0472 today for a free case assessment or request a call back.
