How Do You Make A Factory Accident Claim?
Factories are generally vast areas and are used for manufacturing, apart from different types of highly complex machinery they can also contain assembly points and large conveyor belts. It is vital that the workings of a factory are monitored, risk assessed and any defective equipment is repaired or replaced.
This guide will look at who is eligible to make a factory accident claim after being injured while at work. It will begin with looking at the eligibility to make a personal injury claim for accident at work compensation, followed by the types of evidence which could be obtained to prove such a case and then a section on how compensation is calculated. This guide will also look at the benefits of using our No Win No Fee solicitors.
Please continue reading for more information about factory accident compensation claims or contact us if you’d like a specialist to review your case for free.
For free legal information and guidance on how to start a claim, you can:
- Call 0151 375 9916.
- Connect to our online chat service.
- Use our ‘Contact Us’ form to write a message.
Browse Our Guide
- Eligibility Criteria When Making A Factory Accident Claim
- How Do You Make A Factory Accident Claim?
- Examples Of Negligence That Could Lead To Factory Accident Claims
- What Could You Receive From A Factory Accident Compensation Claim?
- Claim Factory Accident Compensation On A No Win No Fee Basis
- Learn More About How To Make A Factory Accident Claim
If you are a factory worker or any other type of employee, your employer owes you a duty of care. Under the Health and Safety at Work etc. Act 1974 your employer must take reasonable steps to keep you safe.
To uphold their duty of care factory operators and employers could:
- Conduct regular risk assessments, if hazards are detected, they should be reduced or removed.
- Provide Personal Protective Equipment (PPE) to mitigate a risk that cannot be removed.
- Train all staff on health and safety procedures.
- Train staff on how to do their job safely
- Ensure all equipment is in a good state of repair and well maintained.
As such, it may be possible to make a personal injury claim following a factory accident if:
- You were owed a duty of care by your employer at the time you were injured.
- Your employer breached their duty of care through their actions or inactions; and
- As a result, you were made ill or suffered an injury.
Our specialist accident at work solicitors might be able to help you start a factory accident claim if your employer was to blame for your suffering. For a free, no-obligation assessment of your claim, please call one of our specialists today.
Are There Time Limits For Making A Factory Injury Claim?
The Limitation Act 1980 means that there is a 3-year time limit for most personal injury claims. For the majority of factory accident claims, that time limit will start on the date of the accident. However, there are several exceptions to this time limit.
To check how long you have to begin a factory injury claim, please give us a call today.
When making an accident at work claim, you will need to collect as much evidence as possible. The idea is to be able to prove the extent of your injuries, how they are connected to the accident and why the employer is at fault.
Therefore, if you go on to make a factory accident claim, you could provide the following:
- Photographs of the cause of your accident. Also, pictures of any visible injuries.
- Contact details for anybody who witnessed the accident in case a statement is needed at a later date.
- Information about any medical appointments or hospital visits linked to your injuries.
- A copy of the accident report from the accident at work book.
- CCTV footage of the accident if your accident was caught on a security camera.
If your factory accident compensation claim is taken on by our team, your solicitor will help secure any evidence or information needed to prove your case. So, please call our team on the number above.
As we’ve explained, if your employer breaches their duty of care towards your safety and you’re injured in a factory as a result, you may be entitled to claim compensation.
Some examples of the types of scenario that could lead to a factory accident claim include:
- If you suffered an eye injury because you were struck in the face by debris from a machine because its safety guard was missing.
- Where you were burned by oil leaking from a piece of poorly maintained machinery.
- If you suffered a back injury because you were asked to move heavy or awkward loads without any manual handling training.
- If a limb was trapped and damaged in a machine because its automatic cut-off failed due to a known fault.
- Where you fell from height because of a damaged ladder.
These are just some examples of the types of incidents that could result in a factory accident claim.
To check whether your accident might entitle you to claim compensation, please call the number above.
Generally, no two factory accident claims will be the same. As such, there’s no way of saying exactly what amount of compensation you may receive at this point.
Amongst other factors, compensation amounts are based on the severity of your injuries and the impact they have on your life. When making a personal injury claim, there are up to two types of damages that you could be awarded should your case be successful. General damages look to compensate you for the pain and suffering plus loss of amenity caused by your injuries.
To create the table below we have used guideline amount brackets that are found in the guidelines by the Judicial College. Insurers and legal professionals use this publication when assessing cases such as personal injury claims.
However, the table below and our compensation calculator should only ever be used as a guide as every claim is unique to the circumstances of the claimant.
|Injury||Severity Level||Compensation Bracket||Extra Information|
|Amputation of Arms||Loss of One Arm (ii)||£109,650 to £130,930||Covers an above the elbow amputation of one arm.|
|Leg||Amputation (iv)||£97,980 to £132,990||For a below the knee amputation of a single leg.|
|Hand||Total or Effective Loss of One Hand||£96,160 to £109,650||A hand which was crushed and thereafter surgically amputated.|
|Wrist||Loss of Function||£47,620 to £59,860||Resulting in complete loss of function in the wrist.|
|Shoulder||Severe||£19,200 to £48,030||Involving damage to the brachial plexus.|
|Pelvis/Hips||Moderate (i)||£26,590 to £39,170||This bracket is for pelvis injures that are significant but any permanent disability is not major.|
|Knee||Severe (iii)||£26,190 to £43,460||Pain and discomfort and limitation of movement or instability or deformity.|
|Ankle||Moderate (c)||£13,740 to £26,590||Ankle injuries, including ligament damage and fractures, will cause difficulty standing for long periods of time.|
|Foot||Moderate (f)||£13,740 to £24,990||Where a displaced metatarsal causes permanent deformity.|
Special Damages In A Factory Injury Claim
In any type of accident claim, you might also be entitled to claim back any financial losses you’ve incurred as a direct result of your injuries.
For example, a successful factory accident claim could include compensation to cover:
- Treatment costs
- The cost of a carer.
- Travel expenses.
- Home modifications to improve your quality of life if you’ve sustained a long-term disability.
- Lost income (including future losses).
To substantiate the financial impact of your injuries, you should retain any relevant documentation. This could include bank statements, wage slips and receipts.
To check how much factory accident compensation you could be entitled to, please call today.
To find out if your accident at work claim is valid call our team today. They will provide a free case assessment which will give you a chance to have any questions this guide did not answer, answered, in a free no no-obligation consultation. Where they can see that you have grounds to pursue a personal injury claim they could connect you with a specialist solicitor.
If you decide to work with a solicitor from our team, they’ll manage the whole case for you meaning they will:
- Help to gather evidence to support your case.
- Work in a timely manner to make sure your claim is filed within the allowed time limits.
- Handle all communication with your employer and their insurer.
- Send you updates about your claim regularly.
- Strive to secure the highest level of compensation possible.
What’s more, you won’t need to pay any upfront fees for your solicitor’s work as they’ll manage your case on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
If your case succeeds, a success fee will be deducted from your compensation. This is a legally capped percentage to make sure you retain the majority of any settlement paid.
To check if one of our solicitors could help you with a factory accident claim, you can:
- Call 0151 375 9916 and speak with a member of our team.
- Use our ‘Contact Us’ form to write a message.
- Use our free live chat service.
In this final section of our guide about making a work injury claim following a factory accident, we’ve listed a few more of our guides that you might find helpful:
- Guidance on making back injury at work compensation claim.
- Information on claiming for a manual handling accident in the workplace.
- Details on your rights after an accident at work including when you might be eligible to claim compensation.
Finally, here are some more resources that could prove useful:
- NHS information on broken bones.
- A range of warehouse safety advice from the Health and Safety Executive (HSE).
- Who can receive Statutory Sick Pay SSP – Find out in this Gov.UK guide
If you would like any further guidance on making a factory accident claim, please call our team right away.