No Win, No FeeIt is fair to say factories can sometimes be dangerous places to work. With machinery often working at high speed, there is always the potential for factory workers to be injured. Even though factory owners do take steps to try and reduce the risk of injury, factory accidents do still happen. If you’ve been injured in a factory through no fault of your own, this article on factory accident claims will explain when you could be compensated for any suffering caused.
Our team is here to help if you would like to find out more. We offer a free initial consultation to review your factory accident claim where you’ll receive no-obligation legal advice about your chances of receiving compensation. If they are high enough, and one of our personal injury lawyers accepts your claim, you’ll benefit from their No Win, No Fee service. As such, legal fees won’t be payable unless you are awarded compensation.
Please keep reading to find out about the types of accidents in a factory that could lead to a compensation claim. If you’d rather speak with a specialist right away, please call us on 0800 652 1345.
Can I claim compensation for an accident in a factory?
Several employment laws including the Health and Safety at Work Act 1974 and the Personal Protective Equipment at Work Regulations 1992 place a duty of care on employers to take reasonable steps to try and reduce factory worker injuries.
As such, a personal injury solicitor on our panel could help you to claim compensation if:
- Your employer was negligent i.e. they breached their duty of care towards you; and
- An accident in the factory happened because of that negligence; and
- You were made ill or sustained an injury during the accident.
If you work with one of our specialist solicitors they’ll use their knowledge and experience to present as strong a case as possible.
Later on, we’ll look at the types of proof you could provide to increase the chances of winning your claim.
Will lodging a factory accident claim against my employer get me sacked?
Before we move on to review the types of accidents in factories and negligence that might allow you to claim, it’s worth putting on record that, legally, you cannot be disciplined for claiming compensation from your employer.
If you were to be demoted, docked pay, sacked, treated differently or blocked from applying for promotion because you made an honest claim, you’d have grounds to seek further damages for unfair or constructive dismissal.
If your claim is accepted and you decide to proceed, your solicitor will deal with your employer or their insurers on your behalf.
Common types of accidents in factories
As stated above, any type of factory accident that injures you and was caused by your employer’s negligence may allow you to seek damages. Some of the most common factory accidents include:
- Being struck by an object – this can include debris from machines or items stored at height.
- Falling from height – when working on ladders, platforms or lifts.
- Machinery accidents – these can lead to crushing injuries or amputations.
- Electric shocks – linked to working in wet conditions or with faulty equipment.
- Slips, trips and falls – these can happen because of leaks, spillages or uneven flooring in the factory.
- Manual handling accidents – related to moving large or awkward loads or moving smaller loads over long distances.
- Exposure to hazardous substances – this can include toxic fumes from machinery or cleaning products.
Common injuries to factory workers
Some of the most common injuries to factory workers that result in compensation include:
- Crushed or broken bones.
- Amputations of digits or limbs.
- Repetitive Strain Injuries (RSI).
- Soft tissue injuries.
- Back injuries.
- Scalds, burns and scar injuries.
- Shoulder and neck injuries.
- Severe bruising.
- Psychiatric problems.
- Industrial diseases including NIHL and occupational asthma.
By law, some factory accidents must be reported to the Health and Safety Executive (HSE) in accordance with the requirements of RIDDOR. A copy of any investigation report could be a useful piece of proof to support your factory accident claim.
Whether your accident or injury was reported or not, we could help you claim for any suffering you endured as a result.
Injuries to visitors
It’s not only factory workers who can claim compensation for their injuries. If you visit a factory as a customer, a guest or because you are making a delivery, the factory owner should also try to make sure that you are kept as safe as possible.
As such, if you trip over a cracked manhole in the factory car park, are hit by a forklift or are scalded by a vending machine in the factory’s waiting area, one of our solicitors could help you to claim for your injuries.
Types of negligence that can cause accidents in factories
We mentioned earlier that employer negligence must’ve contributed to your accident if you’re to be compensated. For a compensation claim for an accident in a factory, that means you could claim compensation for injuries caused by:
- A lack of a safety policy or lack of proper safety training.
- Inadequate risk assessments.
- Faulty factory machinery e.g. if a safety feature is not working and causes an accident.
- Poorly maintained equipment.
- Missing or unsuitable Personal Protective Equipment (PPE).
- Tiredness due to overworking or insufficient rest breaks.
- Failure to consider installing soundproofing or using low-vibration tools.
Please speak to us today if you believe you should be compensated for a factory-related injury.
How much compensation for an accident in a factory can I claim?
When claiming for injuries in a factory accident, your personal injury lawyer will have to justify the payout you’re asking for. As such a claim against your employer would be based on general damages (suffering caused by the accident in the factory) and special damages (money lost because of the accident).
As such, factory accident compensation could be paid to cover:
- Lost income.
- Pain and suffering caused by your injuries.
- Distress, anxiety, Post-Traumatic Stress Disorder (PTSD) and other forms of psychological damage.
- Any negative effect on your normal activities and hobbies.
- Medical expenses (private treatment may sometimes be covered).
- The cost of a carer (friend, family or professional carer).
- Travelling costs.
- Future loss of earnings if your injuries from the factory accident stop you from working in the future.
- Improvements or modifications to your home to help you cope with any ongoing disability.
As you can only claim compensation for your injuries once, you must consider how you’ve already suffered and how you might in the future. If you work with one of our personal injury solicitors, they’ll help with this by reviewing your factory accident compensation claim in detail with you before it’s sent to your employer.
How does my solicitor know how serious my injuries are?
As part of any work accident claim, you will need an independent medical assessment. Your solicitor can usually book this locally with a medical expert. During the meeting, any ongoing injuries will be examined and the specialist will ask a series of questions about how you’ve suffered. After the meeting has concluded, the specialist will explain your prognosis in a report for your solicitor.
Providing proof for a factory accident claim
Whether your employer is apologetic for the injuries you’ve sustained at the time of the factory accident or not, they will NOT usually manage the claim themselves. It is much more likely that the claim will be forwarded to the company’s insurance provider.
Their default stance is usually to deny all liability. It is therefore up to you to prove how you were injured, why your employer was to blame and how you’ve suffered. This is something your solicitor will do for you if your claim is taken. You can make the process easier by providing as much proof as possible. This might include:
- Medical records. Treatment at a hospital or GP surgery means your injuries should be diagnosed properly and treated correctly. It will also mean you’ll be able to obtain medical records to support your factory accident claim.
- Security camera footage. If the factory where you were injured uses CCTV cameras, you can request that a copy of any relevant footage is sent to you.
- Witness statements. You should ask your colleagues or anyone else present at the time of your accident for their contact details. If witness statements are needed to corroborate your version of events, your solicitor will collect them later on.
- Accident report forms. Legally, factory accidents should be recorded in the company’s accident reporting system. As you should be given a copy of the report, it could help to prove where and when your accident occurred.
- Photographs. After your accident, it’s a good idea to take a picture of the factory accident scene or the machine that injured you (along with any obvious defects). Additionally, as you recover, you should take photographs of any visible injuries at regular intervals.
Your solicitor will also help you to write a statement of what happened and how you’ve been affected. This could include details of any days off work or family events missed because of your injuries.
Factory accident claim time limits
If you’ve been injured in a factory whether as a worker or visitor, you’ll need to abide by the 3-year time limit for compensation claims. This will start from either of the following:
- The date that the factory accident happened; or
- Your date of knowledge – this will be when your GP diagnosed an injury that didn’t present immediately, i.e. an industrial disease or repetitive strain injury and linked it to your job in the factory.
The amount of work involved in factory accident claims means it’s best not to start the process too late. If you can begin early, you and your solicitor will have plenty of time to arrange medical assessments and collect supporting proof.
Claiming compensation for fatal injury
No amount of compensation will make you feel any better about losing a loved one in a factory accident. However, the financial burden associated with your loss could be covered if you do decide to claim.
For example, our solicitors could help you to claim compensation for a fatal injury if you relied on the deceased financially. Also, they could help you to claim back funeral expenses and any other costs incurred as a result of the accident at the factory.
We won’t put any pressure on you to claim but if you would like to know more about your options, please get in touch.
No Win, No Fee claims
There’s no doubt that the fear of paying legal fees and then losing a workplace injury claim is frightening. To reduce the financial risks and stress associated with the claims process, our solicitors provide a No Win, No Fee service for all factory accident compensation claims.
Signing your No Win, No Fee agreement will allow your solicitor to get to work straight away. If you agree to work together, their main aims will be to:
- Manage the whole claim on your behalf.
- Contact your employer or their insurer to inform them of the factory accident claim.
- Send any proof they’ve collected to support the claim.
- Shield you from any technical or legal questions.
- Try to ensure that you are compensated fairly for your suffering.
If your claim doesn’t work out, you won’t have to pay any legal fees whatsoever. If you receive compensation, though, your solicitor will deduct a success fee from the settlement amount to cover their work. This is capped legally at 25% and the amount you’ll pay will be listed in your agreement.
Start a factory accident compensation claim today
If you or a loved one has suffered following an accident in a factory, call us on 0800 652 1345 to discuss your options today. A specialist will guide you through the claims process and offer legal advice on what to do next.
Any factory claim that’s taken on will be managed on a No Win, No Fee basis. That means that you will only pay legal fees if you receive a compensation payment.
If you would like to know anything else about factory accident claims, please connect with one of our live chat advisors.
