Machinery Accident Compensation Claims

Workplace injuries caused by machinery are amongst some of the most common work-related accidents dealt with by solicitors. Due to the dangerous nature of industrial machinery, the injuries sustained when things go wrong can be severe and have a huge impact on a person’s day-to-day life.

In fact, there were 15 fatal accidents involving machinery suffered by workers in 2021/22, according to reports by the Health and Safety Executive (HSE), and many other less severe accidents. If your employer or another party caused your injuries by acting negligently, you might be able to make a machinery accident claim.

Injury solicitors are highly experienced in working with all types of workplace accident claims and will assess your case fully by providing you with a free consultation. This is an opportunity for you to discuss your circumstances and receive free advice relating to the processes, requirements and likely outcome of your case.

To find out if you are entitled to machinery accident compensation, request a call back or call 0800 470 0474 today to speak to a friendly and fully trained legal adviser. This consultation is provided with no obligation attached, so you are free to discuss your claim and receive initial advice, without having to proceed any further.

Am I eligible to make a machinery accident claim?

If you have been the victim of an accident involving faulty machinery, you could be entitled to claim compensation for your injuries. A solicitor can provide you with a completely free assessment, where they can determine if you have a valid machinery accident claim and answer any questions you may have.

As a general rule, you should be entitled to machinery accident compensation if you answer yes to the questions below:

• Did your accident happen within the past three years?
• Did someone else cause it by acting negligently?
• Did you suffer a personal injury as a result of the accident?

If you believe you have a valid machinery accident claim, a solicitor can assess your case without any cost to you. If you do have a valid claim, your personal injury solicitor will provide a no win no fee service*, helping you claim the compensation you deserve without any financial risk.

They will also work with you to compile all the necessary documents and gather the evidence required to build a strong claim and to help you obtain the highest level of compensation you deserve.

Employer responsibilities regarding machinery at work

All types of machinery can become dangerous if they are poorly maintained, mishandled, or the operators are not provided with the appropriate training to use them correctly.

All employers have a legal duty of care to ensure that any machinery used by employees is safe, maintained well and free from obvious danger. If you have suffered a machinery-related injury that was not your fault, you could be eligible to make a machinery accident claim against your employer.

There are several regulations under UK law which govern the use of machinery in the workplace and the responsibilities of employers. One of the key regulations in this area is the Provision and Use of Work Equipment Regulations 1998 (PUWER). This places duties on companies and employers that own, operate or have control over work equipment, which includes any machinery, appliance or tool.

The equipment provided for use within the workplace is required under PUWER to meet the following requirements:

• Be suitable and safe for use
• Be installed correctly and maintained in a safe condition
• Only be used by workers that have been given appropriate training and instruction

All the equipment used should also be fitted with sufficient health and safety measures that aid in the safe use of the machinery. This could include clear warning signs, emergency stop provisions, appropriate safety guards, and controls to isolate the equipment from the power source.

Several other health and safety laws that regulate the employers’ responsibilities include:

• The Health and Safety at Work etc. Act 1974
• The Personal Protective Equipment at Work Regulations 1992
• The Pressure Equipment (Safety) Regulations 2016
• The Lifting Operations and Lifting Equipment Regulations 1998

According to these legislations, employers should also:

• Supply appropriate PPE (personal protective equipment) such as gloves, safety helmets or goggles
• Repair or replace any faulty machinery as a matter of urgency
• Conduct risk assessments on a regular basis and inform employees of any associated risks
• Avoid risks when possible and evaluate risks which cannot be avoided
• Provide good housekeeping and a safe environment

If you suffered an injury at work, this might be due to your employer’s negligence. To find out whether you can claim machinery accident compensation, request a free case assessment with a legal adviser by calling free on 0800 470 0474 or filling in our simple online claim form.

Common causes of machine accidents?

There are various causes of machinery accidents at work, and the severity of the injuries caused, and the particulars of a case can vary greatly from one claimant to another. The main items that can cause a faulty machinery accident and need to be checked and verified regularly are:

• Machine guards and covers
• Stop controls
• Electrical equipment
• Steps and scaffolding
• Protective equipment
• Hand and power tools
• Safety ropes and harnesses

The Supply of Machinery (Safety) Regulations 2008 and 2011 state that all machinery installed within a working environment should meet the following requirements:

• It has a UKCA mark showing compliance with health and safety regulations
• Include a manufacturer declaration of conformity that states that the machinery is suitable for the use intended
• Include instructions in English showing how to safely operate the machinery

Some of the most common causes leading to a machinery accident claim include the following:

• Missing or defective guards on milling machines and lathes
• Mechanical failure
• Untidy workplace causing slips, trips and falls near manufacturing and engineering equipment
• Lack of safety features on equipment
• Emission of toxic chemicals from machinery
• Defective or faulty machinery
• Poorly maintained and serviced machinery
• Machinery with a poor design that is not safe or fit for use
• Faulty electrical equipment
• Falls from a height that causes you to get into direct contact with machinery
• Inadequate training or supervision
• Not following the instructions on how to operate the machinery
• Failure to carry out regular PAT testing

Any breach of the health and safety regulations on the part of your employer could make them liable to pay you machinery accident compensation. To find out if you have valid grounds to take legal action, you can request a free consultation with a legal adviser by filling in our online claim form.

Common injuries caused by machinery accidents?

Machinery accidents can lead to injuries that can often impact a person’s life long-term or even permanently. Moving machinery could lead to an injury to employees in many ways, including:

• Entrapment between rotating or moving machinery parts;
• Being hit by moving parts;
• Being struck by ejected material, such as log splitters or waste items;
• Sharp edges, rough surface parts and pointy parts that may cause cuts, severing and abrasions;
• Crushing injuries between moving parts or between a part of the machine and a wall or another object;
• Burns, scalds and electrical shocks caused by parts or emissions of machines, such as steam, water or defective electrical components;
• Machinery that becomes unreliable due to lack of maintenance or improper use due to inexperience or lack of training.

Some of the most common injuries for which you could make a machinery accident claim include the following:

• Cuts and lacerations caused by sharp edges and parts of machinery
• Bruising and abrasions from falls or being struck by moving parts
• Burn injuries caused by electrical equipment, hot liquids or hazardous substances
• Fractures and crush injuries due to getting struck or caught between parts
• Facial injuries from ejected materials or dangerous substances
• Loss of hearing due to loud working environments
• Neck and back injuries ranging from soft tissue damage to severe spinal cord damage
• Head injuries that may range from lacerations and fractures to severe brain trauma causing permanent mental or physical disabilities
• Damage to internal organs
• Repetitive strain injuries that affect the nervous and musculoskeletal system
• Amputations caused by severe crush or severing injuries

Your injury will not affect your right to claim machinery accident compensation but will determine how much you will receive if you make a successful claim. To find out if you are eligible for compensation, you can request a free consultation by using our online claim form or calling 0800 470 0474 and speaking to a legal adviser.

How common are machinery accidents?

The health and safety of employees when using machinery at work should be of primary importance, and there are numerous guidelines employers must follow to avoid the risk of injuries. Nonetheless, machinery accidents are one of the leading causes of workplace injuries and fatalities.

Between 2019/20 and 2021/22, 12% of the average 54,000 non-fatal injuries sustained at work each year resulted from contact with moving machinery. Furthermore, machinery accidents are responsible for around 19% of the fatal injuries that occur in the workplace each year.

Contact with moving machinery was the number one cause of fatalities at work between 2017 and 2022, followed by:

• Being hit by a falling or moving object
• Falls from heights
• Being trapped by something collapsing or overturning
• Being struck by a moving vehicle

Regarding non-fatal injuries, contact with moving machinery is the fourth cause of work accidents, after:

• Slips and trips on the same level
• Manual handling injuries
• Being struck by a moving or falling object

There are dangers when working with or around most types of machinery, so employers have a duty of care to take all reasonable steps to keep you safe from injury at work. Otherwise, you may be eligible to make a machinery accident claim against them.

What should I do if I suffer a machinery injury at work?

If you have been injured due to a machinery accident at work that was caused by the negligence of your employer, you should be legally entitled to seek compensation for your injuries. This is the case whether you work in a factory, warehouse, farm, restaurant or any other workplace that uses machinery. Nonetheless, you need concrete evidence that your employer breached their duty of care towards you, causing you a significant injury.

Whether your employer admits liability or not, you should always try to gather as much evidence as possible to support a machinery accident claim. Such evidence may include the following:

• Photographs of the accident scene, capturing the exact cause of your injuries before any faulty machinery is repaired or replaced;
• Photos of your injury or injuries;
• A copy of the work accident report that you should file with your employer as soon as possible after the incident;
• Medical evidence from your GP or a hospital detailing the type and severity of your injuries and treatments you received;
• Contact details of other co-workers or witnesses who could give a statement about how your accident took place;
• CCTV footage from any surveillance cameras that might have captured your accident;
• Your notes about what you were doing before the accident, how this happened and how it affected your life;
• Proof of any financial losses and out-of-pocket expenses incurred because of the accident, such as travel expenses, medication or lost wages.

If you are considering claiming machinery accident compensation, you should seek legal advice as soon as possible. Even if you are unsure if you have sufficient evidence, an experienced solicitor could help you gather everything you need to make a successful claim for compensation.

Once instructed, your solicitor will contact your employer and inform them of your allegations of negligence and intention to make a machinery accident claim. If they admit responsibility for your damages, your solicitor will negotiate the best settlement you are entitled to for your injuries. If they deny liability, you may have to issue court proceedings and argue your case before a judge.

How much compensation could I receive for my machinery accident?

The amount of compensation that you are awarded following a successful machinery accident claim against your employer will depend on the specific details of your case. Compensation for personal injury is broken down into two parts, which are as follows:

General damages – this is an amount of compensation for the pain, suffering, and loss of amenity caused by your injury. The Judicial College provides the minimum and maximum guideline amounts for a variety of different injury types. These guidelines are used by solicitors, insurance companies and the courts when negotiating compensation for personal injury. Examples of the Judicial College recommendations include the following:

• Between £23,430 and £50,050 for severe hand injuries, common with machinery accidents
• Between £3,150 and £4,670 for amputation or loss of a part of the little finger
• Up to £3,150 for minor thumb injuries
• Up to £36,740 for severe finger injuries with permanent effects on grip and dexterity
• Between £1,760 and £11,200 for minor head injuries that involve no brain damage
• Up to £379,100 for very severe brain injuries with little or no language function
• Between £43,710 and £67,410 for substantial leg injuries with permanent symptoms
• Around £4,380 for mental anguish

Special damages – on top of the general damages mentioned above, you should also be able to claim for any financial losses which have resulted from your accident and injury. This could include lost earnings from being unable to work, the cost of transportation to and from hospital appointments and the cost of any treatments required, such as physiotherapy, for example.

Your solicitor will work closely with you to assess your case and offer you a realistic guideline regarding the amount of machinery accident compensation you can expect to claim. Evidence will need to be provided to show the extent of your injury and the losses you have incurred.

Regarding the injury, a medical report will be required from a fully qualified medical expert, which is something your solicitor will arrange for you. As evidence of financial losses, you should keep a record of any receipts, wage slips, etc.

Should I know about any time limits before making my claim?

All personal injury claims usually need to start within three years of the date of the accident. If you fail to begin legal proceedings before this three-year period, it is unlikely that you will be able to proceed. This time limit is enforced by the Limitations Act 1980, and although it does give the courts the discretion to bypass this limit, it would only be exercised under extreme circumstances.

In light of the above time limit for making a machinery accident claim, solicitors encourage clients to seek legal advice as soon as possible after their accident. This will minimise the risk of missing the time limit and also help to ensure that evidence is readily accessible and memories are fresh.

There are also several exceptions to the three-year time limit for claiming compensation:

• If the injured person is a child, the time limit does not start until they turn 18. Before that, a parent, guardian or another person acting as their litigation friend could make a machinery accident claim on their behalf at any point.
• There is no time limit to start legal proceedings if the claimant lacks the mental capacity to claim. This could be due to an injury caused by faulty machinery or a previous condition affecting their decision-making, such as schizophrenia, autism, dementia or major depression.
• If you lost a loved one due to a machinery accident, you could start legal proceedings within three years from the date of death.
• In the case of accidents suffered while working abroad, the time limit could depend on the particular country’s rules and could be much shorter than three years.

How much will it cost to claim for a machinery accident at work?

If you have a valid machinery accident claim, your injury lawyer will work on a no win no fee basis. This means that they can offer you their expert advice and experience without you having to make any upfront payments.

Your solicitor will only receive a fee for their work if and when they are able to win your case. This would be a small percentage of up to 25%, which would only be taken from the compensation amount awarded. The terms of the no win, no fee agreement will be fully explained to you during your initial consultation, so there will never be any unexpected costs involved.

If they are unable to win your claim, you are not liable to pay your solicitor for the work they have done. This service helps to provide access to justice and removes the financial risk of making a claim that would otherwise prevent many accident victims from seeking compensation that they rightfully deserve.

The no win no fee service also protects you from having to cover any legal fees or disbursements, including:

• The defendant’s solicitor costs
• The cost of medical reports
• Court fees
• Barrister fees if your case goes to court

If you win the machinery accident claim, these costs will be largely covered by the other side. If you lose the claim, you are protected by the After the Event insurance policy your solicitor will take out on your behalf from the beginning of your case.

To find out more about the no win no fee service or get a free assessment of your machinery accident claim, please call free on 0800 470 0474 or enter your details into our online claim form to receive a call back.