Factory Accident Claims

If the correct health and safety procedures are not followed within a factory environment, employees can be at significant risk of falling victim to an accident at work. Employers must be vigilant to help ensure that the risk of injury to their factory workers is minimised.

If you work in a factory and have been injured in an accident that was not your fault, you may be entitled to pursue factory accident compensation. To find out if you have a valid claim, call 0800 470 0474 or request a call back for a free case assessment. This is conducted over the phone and without any obligation to proceed.

An experienced solicitor will discuss your accident and answer any questions you have about your case or the claims process. If the solicitor can help, they will provide you with a no win no fee service*. This means there are no upfront fees, and you will not pay them a penny if they cannot win your claim.

Is my employer at fault for my factory accident?

To make a successful factory accident claim, you must be able to prove that your employer was at fault for your injuries. Employers have a duty of care to provide their workers with a safe work environment.

They are legally obliged to minimise the risk of accidents and injuries through rigorous and frequent risk assessments and the employment of safety measures to eliminate or minimise hazards. If your employer has failed to take reasonable precautions to protect you from harm, they might be liable to pay you factory accident compensation.

Examples of factory accidents that could lead to a successful personal injury claim include:

• Injuries caused by faulty machinery and factory equipment
• Trips and slips on spillages or obstructions
• Exposure to dangerous substances and chemicals
• Accidents and injuries caused by inadequate training
• Inadequate safety measures against hazards
• Injuries sustained through manual handling or heavy lifting
• Being hit by items falling from heights
• Accidents caused by forklift trucks and other vehicles
• Not being provided with the necessary Personal Protective Equipment (PPE)

If you believe your illness or injury was caused by a breach of your employer’s duty of care, contact a solicitor to discuss starting a factory injury claim. Call 0800 470 0474 for a free assessment of your case and receive guidelines on how much compensation you are likely to be awarded for your factory accident.

Regulations in place to protect factory workers

All employers must abide by a number of rules and regulations to provide health and safety protection to employees and prevent accidents from occurring. This is the case whether you work in a factory, an office or on a building site. These regulations include the following, which are collectively known as the six-pack:

• The Manual Handling Regulations
• The Personal Protective Equipment at Work Regulations
• The Management of Health and Safety at Work Regulations
• The Provision and Use of Work Equipment Regulations
• The Workplace Health, Safety and Welfare Regulations
• The Health and Safety (Display Screen Equipment) Regulations

This collection of health and safety regulations is essential, as it supports and further enforces the Health and Safety at Work etc. Act 1974. Some of the steps that employers have to take to protect you from harm according to these regulations are:

• Carry out regular risk assessments to identify hazards
• Have safety procedures in place to minimise or eliminate risks
• Provide health and safety training and supervision to employees
• Ensure that all equipment and machinery are well-maintained and safe for the job
• When necessary, provide suitable personal protective equipment (PPE)
• Adapt the work to the individual and take into account each employee’s age, experience and psychical condition
• Provide health surveillance for significant risks
• Consider emergency evacuation and rescue procedures
• Avoid hazardous manual handling operations as far as possible
• Provide enough breaks between tasks

If an employer has failed to meet the requirements set out in these regulations, and it resulted in an injury being sustained by a factory worker or visitor, they can potentially be held liable in a factory accident claim.

How much compensation can I expect if I win my factory accident claim?

A factory accident claim aims to compensate you for the pain, suffering and financial losses caused by the negligence of another person or company. So the amount of compensation that is awarded is judged on a case-by-case basis and can vary considerably, taking into account your specific injury and circumstances.

The amount of factory accident compensation you are entitled to claim will be based on the following:

• The injury or injuries you have sustained, and their impact on your day-to-day life
• Loss of earnings from being unable to work, as well as future earnings if the injury is ongoing
• The cost of any medical treatments required, such as physiotherapy, medications, etc.
• Transport costs incurred for hospital or doctor’s appointments
• Any other financial losses that can be linked to your accident

The damages awarded can also be affected by the level of liability on the part of your employer. In some cases, they could argue that you were partly responsible for your accident or the extent of injuries sustained. This is known as contributory negligence.

If this argument is successful, the amount of compensation awarded would be reduced by a percentage based on how much your actions contributed towards your injury or illness. As long as you have less than 51% responsibility for your accident, you are usually still entitled to damages.

You should never waive your right to bring a claim even if you feel responsible for your injuries. In the end, it is the evidence produced by both sides that will play a decisive role in assigning liability.

Based on the information provided by the Judicial College, you could receive the following compensation awards in a factory accident claim:

• £11,820 to £16,860 for a chest injury with good recovery and no long-term consequences
• £18,980 to £32,210 for a skull fracture that has caused permanent scarring
• £205,580 to £264,650 for a severe brain injury leaving the victim physically or mentally disabled
• £7,780 to £12,010 for minor leg injuries with full recovery within a few months
• £191,950 to £240,590 for loss of one or both legs above the knee
• £10,890 to £16,380 for a rotator cuff tear that needed surgery or a moderate arm fracture
• £700 to £3,300 for minor hand injuries like soft tissue damage, cuts and bruises
• £10,380 to £31,350 for severe injuries leading to the amputation of one or more fingers
• £36,770 to £122,860 for severe arm injuries causing disability and chronic pain
• £29,475 to £122,350 for an incapacitating back injury causing long-term mobility issues

As mentioned, the above amounts are examples of compensation levels recommended by the Judicial College. These amounts are for general damages, which is the compensation award for the pain and suffering caused by the injury.

Compensation for special damages, which are financial losses related to your accident, would be added on top to determine your total compensation award. Special damages would take into account lost wages, transport costs, property damage, medication costs and other financial losses that can be attributed to your accident and injury.

What are the requirements to make a factory accident claim?

If you feel that another party was responsible for your injuries, you should seek professional legal guidance and representation as soon as possible. At Injuryclaims.co.uk, you will get a free consultation to determine whether you fulfil the requirements necessary to make a factory accident claim.

As a general rule, you should be entitled to compensation if:

• You were injured in the last three years – Generally, there is a three-year time limit to claim factory accident compensation starting from the date of your accident or the date you became aware of an injury or illness.
• Your accident led to significant suffering and financial losses – If you had a factory accident, but this caused you no significant injuries or financial losses, it is unlikely you would be eligible to make a personal injury claim.
• Your employer or another party was at least partially responsible for it – It is not always easy to determine how an accident occurred and who might be accountable for your injuries. Your solicitor will help you gather all the evidence you need to assign liability and build a successful claim.
• The other party owed you a duty of care – Your personal injury solicitor will refer to the legislation mentioned above to prove that your employer or another party owed you a duty of care which they breached by acting negligently.

Some of the evidence you should try to gather to support your factory injury claim includes:

• Photographs taken at the accident scene to show what caused your injuries
• Photos of any visible injuries and during the recovery process
• Your medical records stating the type and extent of your injuries and treatments received
• The names and contact details of any witnesses to your accident
• CCTV footage if the area was covered by security cameras
• An accident report you should file with your employer immediately after the incident
• If you suffered severe injuries, file a report with the Health and Safety Executive (HSE)
• Your notes about how the accident occurred and how it affected your life
• A list of all the financial losses and expenses you incurred accompanied by evidence such as receipts or invoices

To find out if you qualify for factory accident compensation, you can speak to an experienced legal adviser by calling 0800 470 0474 for a free consultation. Alternatively, you can fill in our online claim form to receive a call back and discuss the circumstances of your accident.

How long do I have to claim for a factory accident?

Under the Limitation Act 1980, there is a usual three-year time limit to file a factory injury claim starting from the date of your accident. If an injury does not become immediately apparent, the three-year time limit begins on the date you received a medical diagnosis.

In some cases, the time limit to take legal action differs from the usual three year period. For example;

• If a child was injured while on work experience or as a visitor, a litigation friend could claim on their behalf at any point before they turn 18. Alternatively, the victim has until their 21st birthday to start a claim themselves.
• The time limit to make a claim is suspended if the victim has suffered a significant brain injury or lacks mental capacity due to another condition, such as autism or dementia.
• If you lost a loved one in a factory accident, you could claim compensation within three years from the date on which they passed away.
• For accidents suffered abroad, the time limit can vary considerably from country to country and may be much shorter than three years. So it is essential you seek legal advice as early as possible to ensure you stay within the claim limitation period.

In any case, contacting a personal injury solicitor as early as possible can significantly increase your chances of securing compensation. This will make it easier to gather evidence and speak to witnesses and ensure you can file your factory accident claim before the limitation date.

Common injuries sustained in factory accidents

Factory injuries can take many forms, ranging from minor to life-changing and even fatal. The most common causes leading to a factory accident claim include the following:

• Burn injuries can be due to numerous causes, including fire, hot liquids, electricity and dangerous chemicals. Based on severity, burns are classified into four degrees, of which the most severe type can have catastrophic consequences and cause permanent damage to muscles and bones.
• Fractures are common injuries suffered by workers in factories. As well as causing significant pain and suffering, a broken bone can limit mobility and often leave people struggling to work and carry out daily activities. Some fractures can be very complicated, requiring surgery and many months to heal.
• Back and spine injuries can be due to many different causes, including falls, manual handling accidents or poor posture. The back is one of the most injured body parts at work, and severe trauma to the spinal cord can have permanent and debilitating consequences, including paralysis.
• Damaged hearing can be the result of working in a noisy environment. The Health and Safety Executive has strict guidelines that employers must follow to ensure that the decibel levels remain at a safe level. If the safe noise levels are exceeded, which results in hearing loss, this could lead to a successful factory injury claim.
• Eye injuries at work are not uncommon, with thousands of accidents occurring every year in the UK. While most of them are mild, around 10 to 20 per cent result in complete or partial blindness, with devastating consequences for the victim. Common causes of eye injuries include flying debris, dangerous chemicals and machinery accidents.
• Amputations are some of the most severe injuries that may be caused by a factory accident, usually involving heavy equipment or manufacturing machinery. Losing a limb can be a very traumatic experience which may also cause psychological trauma and permanently affect your life.
• Sprains and strains are common injuries that affect muscles, tendons or ligaments in your body. Although they are not very severe injuries, a sprain or strain can be very painful and interfere with daily tasks. Treatment may vary from rest to surgery and can often require physical therapy to recover.
• Repetitive stress injuries develop over time due to overuse and repetitive movements that cause damage to muscles, nerves or tendons. Common examples include carpal tunnel syndrome, tendonitis, vibration white finger and bursitis. These conditions can cause constant pain and discomfort and may lead to feelings of frustration and depression.

If you believe your employer’s negligence caused your injury, you can call 0800 470 0474 or request a call back to speak to a legal adviser. If you have a valid claim, the legal adviser will pair you with an experienced personal injury lawyer to help you claim factory accident compensation.

Can I claim for a family member who died in a factory accident?

Losing a loved one in a factory accident is a devastating event, and learning that it was due to someone else’s negligence can make it all the more upsetting. Although no amount of money can make you feel better, bringing a factory accident claim could help ease the financial strain caused by your loss.

Under UK law, any dependant could take legal action if a loved one suffers a wrongful death. According to the Fatal Accidents Act 1976, the following people qualify as dependants and could make a factory accident claim:

• A spouse or former spouse
• A civil partner or former civil partner
• A partner living with the deceased for at least two years
• A parent or another ascendant and anyone treated as a parent
• A child or another descendant and anyone treated as a child
• A sibling, uncle or aunt

There are two types of damages that could be awarded in a dependency claim:

• Financial dependency considers the lost wages of the deceased and any other bonuses and alternative income and savings they might have had. A financial dependency claim compensates only for the economic benefits expected from the victim and does not cover the pain and suffering caused by their loss.
• Loss of service dependency considers the loss of help and assistance provided by the deceased, such as household chores, gardening and DIY projects. Because not all services have a specific financial value, the compensation for the loss of services can be particularly hard to calculate.

If you lost a loved one in a factory accident, you could also claim for funeral expenses and the financial losses incurred between the date of the accident and the date of death. A limited number of people can also claim a bereavement award, which currently stands at £15,120. It aims to compensate for the pain and sorrow caused by your loss and serves as recognition of the wrongful death.

Is my job at risk if I make a compensation claim?

If you suffer a factory accident due to your employer’s negligence, you should not be afraid to take legal action. Under the Employers’ Liability (Compulsory Insurance) Act 1969, your employer should have insurance in place against personal injury claims brought by employees.

If you file a factory accident claim, their insurer will cover your compensation award, so your employer will not be left out of pocket, and their business will not suffer.

Furthermore, there are unfair dismissal laws in place to protect you against being sacked because of your claim. Also, it would be illegal for your employer to treat you any differently, demote you, or make you feel like you have no choice but to resign.

In both cases, you would be entitled to take them to an employment tribunal, and your solicitor will make sure your rights are protected. Although you usually have to work for at least two years for your employer to qualify for an unfair dismissal claim, there are several exceptions to this rule.

What are the benefits of using a solicitor?

Solicitors understand that, for most people, making a compensation claim will be a new and potentially daunting task. They will aim to ensure that clients feel at ease and confident in their ability to achieve the highest compensation possible. This all starts with a free case assessment, which is an excellent opportunity for you to ask questions and get a feel for the level of service your solicitor can provide.

The benefits of using a highly experienced solicitor to process your claim for factory accident compensation include the following:

• A 100% no win no fee service, which means that you will not lose a single penny if your case fails
• You can start legal proceedings without paying any upfront fees
• Commitment to negotiating maximum compensation
• The option to secure interim payments before your claim settles
• Regular updates on progression throughout your claim
• Free support and advice at every step of the claims process
• Your solicitor will help you get access to the best medical services that are not always available through the NHS
• Local solicitors in towns and cities throughout the UK

If you would like to discuss the specific details of your case and receive guidance and advice on the likely outcome of your factory accident claim, call free on 0800 470 0474. Alternatively, you can enter your details into our online claim form to receive a call back from a friendly legal adviser.