Working in a factory can be hazardous, with machinery, chemicals, and heavy equipment posing a serious risk to workers. Factory accidents can result in injuries ranging from minor cuts and bruises to severe conditions such as amputations or even fatalities.
In the event of an accident, a worker may be entitled to make a claim for compensation. Employers have a duty to ensure workplace safety. When they fail to meet legal standards, injured workers can pursue claims to recover damages. If you have suffered an injury due to negligence, you could be entitled to claim compensation for a factory accident.
If you would like more information on the process of making an accident compensation claim with one of our expert injury at work solicitors, then please do not hesitate to get in touch with us today.
Types of factory accidents that lead to factory accident claims for compensation
Beacon Law have dealt with a large number of factory accident claims for compensation. Some of the main causes of accidents that occur in a factory include:
- Slips, trips, and falls – As factories are usually very busy places, it is not uncommon for slip and trip accidents to occur as a result of poor housekeeping or other members of staff leaving products and equipment lying around, posing a risk to all members of staff.
- Manual handling accidents – Manual handling tasks are common in factories, and accidents can arise as a result of these tasks for many reasons. Some of the main causes of manual handling accidents include poor or insufficient training for these types of tasks, failure to complete a proper risk assessment, or lack of lifting equipment to carry out manual handling tasks.
- Dangerous substances and poor working conditions – These can cause long term health issues for many factory workers. Other dangerous substances may cause injuries, such as burn injuries.
- Accidents caused by defective equipment or machinery – Defective equipment and machinery can lead to an abundance of factory accidents. The most common examples include employees getting their hands stuck in machines due to faulty or inadequate finger guards, burn or electric shock injuries from using faulty, unsafe electrical equipment, or falls from height due to faulty ladders.
- Accidents caused by a lack of PPE – PPE, such as gloves and hats, are required for many factory work tasks. If an employer fails to provide PPE, they put their employees at risk of sustaining serious injuries in the workplace.
- Falling objects: Poorly secured fixtures can injure customers. If this occurs due to the factory’s lack of maintenance or improper installation, it may be considered negligence.
What should I do following a factory accident?
If you have been involved in an accident during your employment in a factory, there are a number of things you should do after your accident.
You should report the accident to the factory manager or a supervisor as soon as possible, providing all the details of the accident. You should ensure that the details are recorded in an accident book, make sure all the details are correct, and request a copy of the accident report if possible.
Take photographs of the scene of the accident if possible, including the thing that caused your accident, whether it was a defective machine or something on the ground causing you to trip or fall.
Record the names and contact details of anyone who witnessed the accident.
Seek medical attention for your personal injuries as soon as possible.
Keep receipts for any expenses incurred as a direct result of the accident.
Contact Beacon Law to start your claim, or have a free, no obligation, initial conversation with one of our specialist accident at work solicitors.
Your employers’ responsibilities
Safety at work is extremely important. Your employer has a duty of care towards you and is obligated by law (the Health and Safety at Work Act 1974) to provide safe work conditions and a healthy environment in which you can work.
Your employer must always provide appropriate training and, where necessary, the correct and suitable equipment to help you perform your duties safely. Your employer is also under a duty to properly maintain the work environment and the equipment you use through regular risk assessments to ensure that it remains safe at all times. If an accident does occur in the workplace, then your employer must report it to the Health and Safety Executive (HSE).
Health and safety laws and legislation have significantly increased the level of protection open to employees. There are numerous written health and safety regulations and laws designed to prevent accidents in the workplace, and any breach of these regulations can cause accidents with undesirable consequences. The Health and Safety Executive have set out guidance on their website for employers to assist in the implementation of Health and Safety Legislation on the workplace.
If you’ve been injured at work as a result of your employer’s negligence, you may be entitled to make an injury at work claim.
Making a claim against your employer
It is completely normal to have concerns when making a claim against your employer. You may be worried that your employer will treat you differently or end your employment because you have decided to bring a claim against them. Your employer is not permitted to end your employment or treat you unfairly due to the fact that you are making a claim against them.
Your employer is required to have employer’s liability insurance in place to cover them for any claims brought against them; so, you can rest assured that your compensation will not come directly from your employer’s pocket.
No Win, No Fee factory accident claims for compensation
If you have been injured in a factory accident, you could be eligible to make a no win, no fee claim. These claims allow accident at work solicitors to proceed with your claim with no up-front legal costs to be paid. Throughout the accident at work claim process, there will be no hidden charges or payments required from the injured person.
This type of agreement helps the injured party focus on recovering from their injuries without stressing about the financial risks.
If your claim is successful, you will only be required to pay a small amount from your final damages to your work injury lawyer. These costs will be calculated as a percentage and will be discussed with you before legal proceedings start. This payment is to compensate employment injury lawyers for their time and work put into assisting with your case.
You may also be required to pay a small fee for ATE insurance from your compensation award if your case is successful. This will all be explained to you by your employment injury lawyer before you agree to start your workplace injury claim.
If your case is unsuccessful, unfortunately, you will not receive any compensation; however, you will not be required to pay us anything.
How much compensation could I receive?
The amount of compensation you could receive for an injury can vary significantly and depends on different factors. It is challenging to provide an exact figure without knowing the specific details of your case. Compensation typically covers two main categories of damages:
Special Damages: These are the quantifiable economic losses you have incurred as a result of the accident. They may include:
Medical Expenses: Compensation for current and future medical treatment, surgeries, medications, therapy, and rehabilitation.
Loss of Earnings: Compensation for the income you have lost due to your injuries, including future earning potential if your injuries impact your ability to work.
General Damages: These are non-economic losses that are more subjective and can be challenging to quantify. They may include:
Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life resulting from the accident and injury.
Emotional Distress: Compensation for psychological trauma, anxiety, depression, or post-traumatic stress disorder (PTSD) caused by the accident.
It is important to consult with employment injury lawyers who can assess your case’s specific details, evaluate the potential value of your claim, and provide you with a more accurate estimation of the compensation you could receive based on their expertise and experience in handling similar cases.
What are the time limits for factory accident claims?
In the UK, there are specific time limits, known as limitation periods, for making a personal injury compensation claim. These time limits are set out in the Limitation Act 1980. The general time limit for personal injury claims, including factory accident claims, is three years from the date of the accident. This also includes the date when the injured person should have become aware of their injury and its connection to the accident.
However, it is important to note that there are some exceptions and variations to the general limitation period. These exceptions include the following:
Minors: If the factory injury claim involves a person who was under the age of 18 at the time when the incident occurred, the three-year limitation period does not begin until their 18th birthday. In such cases, a claim can be made at any time before the person turns 21.
Mental Capacity: If the injured person lacks the mental capacity to make legal decisions, there is no time limit for making a claim. The limitation period only starts when the person regains capacity.
How can Beacon Law assist?
At Beacon Law, our team of personal injury solicitors are highly experienced. We can assist clients on a wide variety of cases. We work tirelessly to achieve the best outcome for our clients, providing a high standard of service.
