After an accident at work, are you looking for help to make a factory accident compensation claim? You may have been injured because of your employer’s negligent actions. If so, this guide provides helpful information about how to seek damages.
Firstly, we explain negligence in the workplace and look at the duty of care your employer owes you. After this, we provide some general examples of how factory accidents might occur and when you are eligible to claim for them. The time frame in which you need to bring a claim and how compensation is calculated are both also included.
Accident at work claims can be easier with a skilled personal injury solicitor to help. So, in the final sections, we explain how the solicitors on our panel can handle claims like this under a type of No Win No Fee agreement to benefit you.
As you read the sections below, please connect with our advisory team if you have any questions about your claim or the claims process in general. To do this you can:
- Ring us direct on 0800 408 7827 to discuss your factory accident.
- Contact us online to start a claim.
- Ask a question through the live support feature below.
Browse Our Guide
- What Is A Factory Accident Compensation Claim?
- How Do Factory Accidents Happen In The Workplace?
- What Should I Do After A Factory Accident?
- How Much Factory Accident Compensation Could I Receive?
- What Is The Time Limit For Making A Factory Accident Claim?
- What Is A No Win No Fee Factory Accident Compensation Claim?
- Learn More About How To Claim For Serious Injuries
What Is A Factory Accident Compensation Claim?
All employers have to take practicable and reasonable steps to ensure the safety of their workforce whilst performing their tasks. This obligation is called a ‘duty of care’ and is detailed under the Health and Safety at Work etc Act 1974 (HASAWA). Employers can ensure health and safety standards are met in a number of ways:
- They can conduct regular site inspections of the factory to assess risks or hazards.
- Provide proper staff training.
- Meet with safety representatives to address health and safety concerns.
- Check that tools and machinery are safe for use, are well maintained and in good working order.
Any personal injury claim for compensation needs to show that negligence was the underlying reason that you suffered harm. Three important points need to be met:
- A duty of care applied to you.
- The employer failed to meet this duty of care obligation in some way.
- Because of this, you experienced harm.
To move forward with a valid personal injury claim for compensation against a company for negligence, all three points must be met. You can contact us to see if you are eligible to claim.
What Injuries Can Be Caused By Factory Accidents?
A factory accident can take many different forms depending on the type of activity and machinery involved. Also, some factory activities carry a high risk of danger, and whilst these dangers cannot be completely removed, health and safety procedures should still be followed. Below is a brief list of typical injuries (not exhaustive):
- Collisions with negligently operated forklift trucks, cranes and vehicles causing internal injuries and lacerations.
- Head injury from falling objects such as heavy boxes falling from shelves.
- Fractures caused by slips on wet floors.
- Broken wrists or ankles caused by trips over loose cables or clutter in walkways.
- Cuts, burns or damage to the eyes caused by lack of essential personal protective equipment (PPE).
- Fractures or a crush injury to fingers caught in malfunctioning machinery.
- Spine injury from falls caused by unsafe ladders or steps.
- Burn injuries resulting from fire from negligently maintained electrical sockets.
- Injuries from poor training or lack of supervision when carrying out high-risk and dangerous activities (such as welding).
To discuss any aspect of making a factory accident compensation claim, reach out to our friendly team.
How Do Factory Accidents Happen In The Workplace?
Using some of the examples of workplace accidents above, we now look at how failure to meet health and safety regulations might give rise to injury in a factory:
- An employer fails to provide staff with the correct and essential personal protective equipment (PPE). Because of this, a worker suffers burns to their hands when using chemicals.
- The plant machinery is not regularly checked for safety, and it malfunctions. A worker’s hand is trapped and crushed in the process.
- Inadequate training was given to a new worker who was then expected to operate a forklift truck. They collided with another staff member, causing them severe internal injuries.
- A wet floor surface in the factory was left unattended and without warning signs. A worker slipped and shattered their kneecap in the fall.
- The external staircase in a factory plant was not maintained and the elements had rendered it weak. Management was aware of the problem but failed to repair it. An employee fell from the staircase when it gave way.
To discuss your specific factory accident circumstances simply get in touch today.
What Should I Do After A Factory Accident?
The first and most important action to take after a factory accident is to seek medical attention for your injuries.
After this, you should report the accident to a manager or a supervisor. This is not just to get help but to prevent others from being hurt in the same way. A record of the event should also be made in the workplace accident book.
After the accident itself, you can start to gather evidence that supports your personal injury claim. For example:
- Take photos of your injuries and where the accident happened.
- Request a copy of any factory CCTV footage.
- Obtain the contact information of colleagues or others who witnessed the accident, and they can provide a supporting statement to a solicitor (if you appoint one).
- Request copies of medical reports that detail the injuries you suffered, such as X-rays, scans and specialist reports.
Collecting evidence is a vital way to strengthen an accident at work claim. Why not see if a solicitor from our panel could help you to claim compensation? Call the team to discuss.
How Much Factory Accident Compensation Could I Receive?
Factory accident compensation claims that succeed can result in two types of compensation being awarded called general and special damages. General damages compensate the person for their physical pain and any psychological suffering caused by the injury. It can also reflect the duration of recovery and how the person’s quality of life was impacted as a whole.
Legal personnel who calculate general damages might use medical reports to guide them, as well as publications like the Judicial College Guidelines (JCG). This document provides bracket guideline amounts for various injuries, which are only general suggestions, and we have included some of the guidelines in our table below. Factory accident compensation claim amounts always vary. Also, our topline entry does not come from the JCG:
Compensation Guideline Amounts
| Area of Injury | Severity Level | Award Guideline Brackets |
|---|---|---|
| Multiple forms of injury and special damages payments for lost earnings, care costs and medical expenses. | Severe | Up to £1 million plus. |
| Head | (a) Very Severe | £344,150 to £493,000 |
| Chest | (b) Traumatic Injury | £80,240 to £122,850 |
| Leg | (ii) Very Serious | £66,920 to £109,290 |
| Wrist | (a) Complete Function Loss | £58,110 to £73,050 |
| Neck | (a) Severe (iii) | £55,500 to £68,330 |
| Arm | (b) Injuries Resulting in Substantial and Permanent Disablement | £47,810 to £73,050 |
| Back | (a) Severe (iii) | £47,320 to £85,100 |
| Hand | (f) Fractures to the Fingers that are severe | Up to £44,840 |
| Foot | (f) Moderate | £16,770 to £30,500 |
Can I Claim For Loss Of Earnings After An Accident At Work?
The second head of loss that can make up a compensation amount is called special damages. These reimburse the person for any financial harm caused to them by the injury. In order to submit a claim for special damages, you will need documented evidence of the financial harm. This can include:
- Payslips from your employer that prove a drop or loss in earnings caused by time off work from injury.
- Proof of the cost of medical bills for treatments.
- Receipts for amounts paid to others for help to cook, clean and shop (domestic care).
- Invoices or receipts for essential adaptations in your home or vehicle to deal with a permanent disability.
- Tickets and receipts that prove the cost of parking, petrol or public transport to essential appointments.
We can offer a free, no-obligation case assessment. Call us today to see if you may be able to claim compensation.
What Is The Time Limit For Making A Factory Accident Claim?
A standard time limit for personal injury compensation claims is 3 years, and this is detailed in the Limitation Act 1980. Under certain circumstances, there can be exceptions to this. For example:
- The time limit is paused for claimants under 18. A guardian or other appropriate adult can begin the claim for them if the courts appoint them as a litigation friend. Alternatively, the three-year time limit for them to make a claim themselves starts from the date of their 18th birthday. So, they have until their 21st birthday to start their claim.
- A freeze on the time limit applies for claimants without mental capacity. Again, a litigation friend can act on their behalf and start a claim at any point. The three-year time limit re-starts from any date when mental capacity returns, should they claim themselves.
If you think you might benefit from legal advice from a solicitor about time limits in your factory accident compensation claim, contact our advisors for a free initial consultation.
What Is A No Win No Fee Factory Accident Compensation Claim?
If you feel that you meet the criteria we discussed above, a No Win No Fee personal injury solicitor from our panel could step in and handle your compensation claim with you. It’s not a legal requirement to use a lawyer in a personal injury claim, but we offer an excellent opportunity to see if one could help.
In addition to calculating and arguing for the highest settlement for you, these solicitors can confidently deal with the court correspondence that comes up, as well as collect witness statements and help you gather evidence. With your claim in their safe hands, you can concentrate on your recovery.
In addition to this, the solicitors on our panel offer their services via a version of the No Win No Fee contract called a Conditional Fee Agreement (CFA). Using this option, it is possible to instruct your solicitor without the need to pay upfront or ongoing fees for their services. Furthermore, there’s nothing to pay at all for their completed work if the claim fails.
In cases where the personal injury claim is a success, a legally restricted percentage deduction from the compensation is paid. This ‘success fee’ goes to the solicitors, but the legal cap on the percentage ensures the person claiming always benefits most.
If this option sounds interesting to you, start by speaking to our advisory team. See if your case qualifies for the help of a No Win No Fee solicitor from our panel:
- Call 0800 408 7827 to see how much compensation you could be owed.
- Complete the contact us form on our website.
- Message an advisor through the live chat feature about factory accident claims.
Learn More About How To Claim For Serious Injuries
Here are some more resources about how to claim if you have been seriously injured:
- Learn how to claim for a head injury.
- Read details about how to sue for an amputation.
- This guide explores when spinal injury claims can be made.
External help:
- This link offers advice on when to call 999 from the NHS.
- Here, you can read recent workplace accident statistics from HSE.
- Information on workplace risk assessments from HSE.
In conclusion, we value your interest in our guide about making a factory accident compensation claim. For any further assistance or questions about factory accident claims, please connect with the team.