Work Accidents Involving Machinery
If you have been the unfortunate victim of an accident involving machinery at work, you could be entitled to claim compensation for your injuries. a personal injury solicitor can provide you with a completely free claim assessment, where they can determine if you have a valid claim and answer any questions you may have about the process. If you do have a valid claim, your solicitor will provide a no win, no fee service, helping you to claim the compensation you deserve without any financial risk.
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 1,568 major injuries involving machinery suffered by workers in 2013/14 according to reports by the Health and Safety Executive (HSE).
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 the machines correctly. All employers have a legal duty of care to ensure that any machinery used by employees in the course of their employment is safe, well maintained 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 claim for compensation against your employer.
Injury solicitors are highly experienced in working with all type 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 case and receive some free advice relating to the processes, requirements and likely outcome of your case. 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.
To arrange a free consultation, call 0800 678 1410 today to speak to a friendly and fully trained legal adviser.
Am I eligible to make a machinery accident claim?
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.
There are various causes of machinery accidents at work, and as machines are used in a wide variety of industries, the severity of injuries and the particulars of a case can vary greatly from one claimant to another. Some of the most common causes of injuries relating to machinery include the following:
- Damaged or absent 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 poor design that is not safe or fit for use
If you believe that you have a valid personal injury claim, work accident solicitors can assess your claim without any cost to you. During a free and confidential consultation, your solicitor can tell you whether or not you may be eligible for compensation, as well as answering any questions or concerns you may have. If you do have a valid claim, your solicitors will provide you with a no win no fee service. They will work with you to compile all of the necessary documents and evidence required to build a strong case and to help you obtain the highest level of compensation that you deserve.
Employer responsibilities regarding machinery at work
There are a number of regulations under UK law which governs 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.
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 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.
How much compensation could I receive for my accident?
The amount of compensation that you are awarded following a successful claim against your employer will depend on the specific details of your case. Compensation for personal injury is broken down into two specific 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 Studies Board provides minimum and maximum guideline sums for a variety of different injury types. For example, if you sustained a serious hand injury (which are common with machinery accidents), the general damages recommended are between £23,430 and £50,050.
- 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 as to the amount of compensation that you can expect to claim. Evidence will need to be provided to show the extent 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.
Are there any time limits that I should know about before making my claim?
All work-related accident claims need to start within three years of the date of the accident. If you fail to start legal proceeding before this three year period, it is unlikely that you would be able to proceed. This time limit is enforced by the Limitations Act 1980, and although this Act 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 claim, solicitors encourage clients to initiate their compensation claim 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.
How much will it cost to claim for a machinery accident at work?
Your injury lawyer will work on a no win, no fee basis which means that they can offer you their expert advice and experience without you having to make any upfront payments.
Your solicitors will only receive a fee for their work if and when they are able to win your case. This would be a small percentage that would only be taken from the compensation amount awarded (up to a maximum of 25%). The terms of the no win, no fee agreement would 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.