Who is Responsible for Courier Safety?

Posted on: 5 mins read
Last updated:
Charlotte Rankin

Senior Associate Solicitor, Serious Injury Claims

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Following the pandemic, the requirement for couriers has significantly increased as many people now prefer to have their weekly shopping or goods delivered directly to their front door. While this has been beneficial in many ways, it does mean that of the 2,000 people are injured in work related accidents involving a vehicle, a significant portion of these take place during deliveries or collections. If you’ve been involved in an accident whilst working as a courier or delivery driver, you may be unsure of where to turn to for support and compensation.

We often see that couriers are unfairly blamed for accidents that could have been prevented if the companies involved had effectively co-operated with each other.

If you or a loved one has suffered injuries in a Courier or Delivery Driver Accident, our team of experienced Accident at Work Solicitors could help get you access to compensation and medical treatment. We may even be able to act for you on a No Win, No Fee basis – just ask us about this.

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Who Should be Keeping me Safe as a Courier?

The Health and Safety Executive (HSE) outlines three “key duty holders” who are responsible for keeping couriers safe at work, including:

  • the supplier
  • the carrier (company carrying the goods)
  • the recipient – this could be the occupier of the premises or a private home owner. For example, you may slip on ice in the driveway or trip on a pothole that hasn’t been filled. If the recipient owns a dog and you are bitten while making a delivery, they could also be held responsible

A common factor in delivery accidents is the lack of any agreement between supplier, carrier and recipient about "who is responsible for what" in terms of safety. In most work situations the safety of an employee is primarily the responsibility of his or her employer, but in order to deliver or collect goods employees have to visit premises controlled by others.

The safety of everyone at these premises, including people visiting the site, is in the hands of the person in charge of the site as they should control what takes place on site. However, different companies may try to blame each other to try and avoid paying any compensation to a person who has been injured.

This can cause complexities within the claims process as these three parties can often disagree on who is to blame when an accident occurs. In some cases, employers may use this to their advantage to try and avoid responsibility. That’s where we come in as our expert team will be able to carry out thorough investigations to get the necessary evidence to prove your case.

By law, employers have duties under the Health and Safety at Work Act 1974 to ensure so far as is reasonably practicable the health and safety at work of their employees and others who may be affected by their work activities (such as drivers).

Under the Management of Health and Safety at Work Regulations 1999, where 2 or more employers share a workplace, even on a temporary basis, they must co-operate with each other to make sure they both comply with their legal duties. These Regulations also require employers to carry out a risk assessment of the hazards involved and to identify measures needed to comply with Health and Safety Legislation.

Our Accident at Work Solicitors are experts and will collate evidence to ensure that whoever is responsible for your accident is held accountable.

 

 

What is the Claims Process?

Having an idea of what the claims process will involve can help to make the prospect of taking legal action less daunting. If we can take on your case, the process of making a claim will be broken down into five key steps.

1. Contacting your employers insurance company

a.  If we’re able to take on your case, we’ll reach out to your employer’s insurance company on your behalf. Any compensation will be paid from this policy. 

2. Interim payments

a.  If your employer admits full or partial responsibility for your injuries, we can ask for Interim Payments which will help you with any immediate costs while we work to settle to your case. 

3. Gathering evidence

a.  We will collect photos and witness statements as well as arranging for you to be seen by an independent medical specialist to help us understand the severity of your injuries. 

4. Medical treatment and support

a.  We can request for your employer’s insurance company to provide the funds for any medical treatment you may need to undergo as a result of your accident. 

5. Representing you in Court

a.  We will do our best to settle your case outside of Court. However, if your case does go before a Judge, we will be by your side throughout.

 

Can I Be Dismissed For Making a Claim?

No, your employer cannot dismiss you or treat you any differently if you choose to make a claim for compensation. Most employers are aware that workplace accidents happen, and they should have insurance set up to cover the cost of claims made against them.

Generally speaking, most employers are empathetic and may even accept fault either in part or in full for your accident. This usually happens if you have suffered serious injury or loss at their hands and this is always the case irrespective of the relationship you may have with your employer.

 

 

How Will The Matter Be Funded?

We handle most accident at work claims on a No Win, No Fee basis, also known as a Conditional Fee Agreement. This means you won’t need to worry about paying us unless your claim is successful.

No Win, No Fee claims allow you to claim compensation you could be rightfully owed without needing to take any risks with your money.

If you lose, you won’t pay any expenses or costs. If your claim is successful, you’ll pay us a success fee directly from your compensation once you receive it, plus any legal costs not paid for by the other side. A success fee is a percentage of your compensation and goes towards our legal help. Your No Win, No Fee Lawyer will agree this percentage with you upfront, so you won’t face any nasty surprises.

 

How Can We Help?

If you have been involved in an accident at work, please do not hesitate in contacting our expert team of Personal Injury Solicitors who will be able to provide you with a free, no obligation claims assessment. We will listen to the details of your accident and the impact that your injuries have had on your life.

 

Our team can be contacted on 0808 239 9681 or alternatively you can request a call back here.

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Charlotte Rankin

Senior Associate Solicitor, Serious Injury Claims

Areas of Expertise:
Personal Injury

Charlotte handles a caseload of Personal Injury cases dealing with Serious Injury, and has particular interest in Upper and Lower Limb disorders including Amputation of toes and fingers.

Charlotte also has management experience alongside her extensive legal knowledge, and regularly participates in Simpson Millar’s internal mentoring scheme.

References

UK Government. (1999). The Provision and Use of Work Equipment Regulations 1998. Retrieved from https://www.legislation.gov.uk/uksi/1999/3242/contents/made (Accessed: December 30, 2023).

UK Government. (1974). Health and Safety at Work etc. Act 1974. Retrieved from https://www.legislation.gov.uk/ukpga/1974/37/contents (Accessed: December 30, 2023).

Health and Safety Executive. (n.d.). Cooperation between employers. Retrieved from https://www.hse.gov.uk/workplacetransport/information/cooperation.htm (Accessed: December 30, 2023).

UK Government. (1996). The Health and Safety (Consultation with Employees) Regulations 1996. Retrieved from https://www.legislation.gov.uk/ukpga/1996/18/contents (Accessed: December 30, 2023).

Simpson Millar Solicitors. (n.d.). Legal Services for You. Retrieved from https://www.simpsonmillar.co.uk/legal-services-for-you/ (Accessed: December 30, 2023).

Simpson Millar Solicitors. (n.d.). Can I Be Fired for Making an Accident at Work Claim in the UK? Retrieved from https://www.simpsonmillar.co.uk/personal-injury-solicitors/accident-at-work-claims/can-i-be-fired-for-making-an-accident-at-work-claim-in-uk/ (Accessed: December 30, 2023).

Simpson Millar Solicitors. (n.d.). Accident at Work Claims. Retrieved from https://www.simpsonmillar.co.uk/personal-injury-solicitors/accident-at-work-claims/ (Accessed: December 30, 2023).

Simpson Millar Solicitors. (n.d.). Courier Delivery Driver Accident Claims. Retrieved from https://www.simpsonmillar.co.uk/personal-injury-solicitors/accident-at-work-claims/courier-delivery-driver-accident-claims/ (Accessed: December 30, 2023).

Simpson Millar Solicitors. (n.d.). Personal Injury Solicitors. Retrieved from https://www.simpsonmillar.co.uk/personal-injury-solicitors/ (Accessed: December 30, 2023).

Simpson Millar Solicitors. (n.d.). Contact Us. Retrieved from https://www.simpsonmillar.co.uk/contact-us/ (Accessed: December 30, 2023).

Simpson Millar Solicitors. (n.d.). No Win No Fee Personal Injury Solicitors. Retrieved from https://www.simpsonmillar.co.uk/personal-injury-solicitors/no-win-no-fee-personal-injury-solicitors/ (Accessed: December 30, 2023).

Simpson Millar Solicitors. (n.d.). Home. Retrieved from https://www.simpsonmillar.co.uk/#form (Accessed: December 30, 2023).

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