Lidl ordered to pay Moroccan truck driver nearly €20,000 after fall

On December 12, 2020, at around 6 a.m., a driver employed by Houssoye Transports was finishing a goods delivery to a Lidl store. While crossing an area behind the building, he fell and seriously injured his left arm. The man, born in Morocco in November 1972, suffered an open fracture of the elbow, underwent surgery and remained in hospital for four days.

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The CPAM of Hainaut recognized the accident as work-related in January 2021. The driver remained off work for nine months, until September 13, 2021. He then began an initial legal proceeding to have his employer found guilty of gross negligence and to obtain compensation from Lidl. In October 2022, the court rejected the claims based on gross negligence and referred the question of the retailer’s liability to another proceeding.

An internal email reveals a damaged guardrail

The driver says he fell because of poor lighting and the lack of suitable protection at the end of the unloading dock. Two of his colleagues testify to recurring problems in the area. One mentions the absence of a barrier at the end of the dock, while the other says that problems with the lighting had already been reported.

Lidl disputes these allegations and maintains that the facilities were properly secured. But an email sent on December 17, 2020, by one of the retailer’s technicians refers to a guardrail damaged during a delivery. The employee also questions whether the existing protective barriers need to be extended.

In its October 1, 2026 ruling, the Valenciennes Judicial Court examined the email, witness statements and photographs of the site. The images provided by Lidl were taken five days after the accident, in broad daylight. The judges found that protection at the end of the dock was inadequate, creating a danger for delivery drivers. They considered that this failure directly contributed to the fall and held the retailer liable.

The physical consequences were significant. For several weeks, the driver needed his wife’s help to get dressed, wash and do his shopping. A lengthy course of rehabilitation enabled him to return to work in September 2021. However, he continues to have pain in his left elbow, a 16-centimeter scar and difficulty with certain movements. His injuries have also prevented him from returning to football, which he played before the accident.

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The court ordered Lidl to pay the driver €19,973.31 in compensation for his bodily injuries. This amount includes €8,000 for pain and suffering, €2,518.75 for temporary loss of functional capacity and €2,000 for permanent injuries. The retailer must also pay €11,893.66 to the CPAM of Hainaut for benefits it covered, as well as a €1,212 flat-rate management fee. The judges also ordered Lidl to pay the legal costs, including the court-appointed expert’s fees.