In our factory accident claims guide, we’ll show you what types of accidents and injuries could happen in a factory. We’ll also look at what types of negligence could cause those accidents to occur. After that, we’ll show you how the compensation claims process works and provide compensation payout amounts for personal injuries in our compensation calculator.
Once you have completed our guide, please call our team if you would like to discuss making a factory accident claim on 0800 6524 881. You’ll get free legal advice whatever you decide to do.
Table of contents
- Am I Eligible To Make A Factory Accident Compensation Claim?
- Common Causes Of Accidents In Factories
- How Much Compensation For A Factory Accident Could I Claim?
- Evidence To Support A Factory Accident Claim
- Time Limits For Claiming Factory Accident Compensation
- Can My Employer Give Me The Sack For Making A Compensation Claim Against Them?
- How Our Personal Injury Solicitors Can Help Your Factory Accident Claim
- Starting The Factory Accident Claims process
Anybody who is injured in a factory accident through negligence by their employer could be eligible to make a compensation claim. This includes staff, visitors, contractors, temporary factory workers, and delivery personnel. Before a solicitor will take on your case, they’ll want to see that:
- The factory’s owner owed you a duty of care;
- That duty was breached and resulted in an accident at the factory; and
- From the accident, you were made ill or suffered an injury.
Proving all of the above can be tricky so if you’re unsure you would be eligible to make a claim, please contact our advisors today.
According to the Health and Safety Act 1974 (HSWA), factory owners have a legal duty to try and protect their employee’s welfare by preventing accidents at work. It’s therefore essential that they take steps to make the factory as safe as possible for employees and visitors. If they neglect their duty of care and an employee is injured as a result, they could file a compensation claim against the factory owner.
We can’t list every single accident in factories that might lead to a compensation claim here but some common causes include:
- Injuries caused by faulty machinery. As part of their duty of care, the factory owner should maintain and repair machinery regularly. If they fail to do so, and you’re injured as a result, a claim might be possible.
- Slips, trips and falls. You could claim if you slipped on water or liquid from a leak or spillage that is not cleaned up promptly. Also, if an area has been cleaned, but you slipped and fell at work because warning signs were not used, you could also claim.
- Lack of training. If you are injured because you, or a colleague, have not been trained properly, you could be eligible for compensation. This could result from a lack of job training or training in the company’s health and safety procedures.
- Lack of Personal Protective Equipment (PPE). Employers must provide PPE to staff if it is required to carry out their role safely. If you don’t have PPE and are injured as a result, a PPE claim might be possible. You cannot be asked to provide your own PPE.
- Long-term injuries. In some cases, you may be able to claim for industrial illnesses resulting from factory work. An example includes industrial deafness where your employer failed to provide noise-reducing PPE and you were exposed to excessive noise over a sustained period.
Please call today if you would like advice on whether your injuries could result in a factory accident compensation claim.
Every factory accident and subsequent personal injury compensation claim will differ. Therefore, it’s not really possible to provide accurate compensation estimates until your case has been reviewed properly. However, we can explain the different elements that could be included in your factory accident claim. They include:
- Any pain, suffering or loss of amenity your injuries have caused you (general damages).
- Expenses, costs or financial losses associated with the factory accident. For example, you may wish to claim back care costs, medication costs, travel expenses and loss of earnings (special damages).
- The cost to replace any personal property that was damaged in the accident. Examples here include watches, spectacles or mobile phones (special damages).
To prove the level of suffering you’ve endured, a medical assessment may be required. If your factory accident claim is taken on, your solicitor will book this as locally as possible. For more information on what your factory accident claim might be worth, please call today.
Let’s take a look at calculating what a claim might be worth for injuries sustained in a factory accident. To do so, our compensation calculator uses figures based on general damages guidelines from the Judicial College. This is the data legal professionals can turn to when settling personal injury claims.
It’s important to note that each settlement amount is based on the severity of the injury. Therefore, a clean broken finger would typically get a lot less compensation than a catastrophic injury claim such as severe brain damage. Also, the figures do not take into account any compensation that could be claimed for special damages if applicable.
Please don’t fret if your specific injury isn’t found as not every injury is included. As mentioned above, each claim will include different elements so please call if you’d like a more detailed estimate. We should point out that even if your factory accident claim is successful, the amount of compensation you receive might differ from the figures listed here.
There are some things you could do following a factory accident at work that could help with supporting a claim. They include:
- Report the accident so that it is entered into an accident report book (and ask for a copy).
- Take pictures, where possible, of the aftermath of the factory accident. If possible, do this before anything is removed.
- Seek medical treatment for any injuries. So that you can request medical records, this should be at A&E or a minor injuries unit rather than simple (but important) first aid.
- Keep track of any costs you incur because of your injuries.
- Write down the details of any witnesses.
- Ask for a copy of any CCTV footage if the area is covered by security cameras, this could also include other areas, such as if you were hurt in an office at the factory
Having taken these steps, you could greatly improve your chances of being compensated. For example, medical records can prove the extent of your injuries. Similarly, an accident report can make it difficult to deny that the accident in the factory took place.
Our claims advisors will happily review any evidence you’ve already gathered so please get in touch today to get the process started.
You might be aware that there is generally a 3-year time limit for personal injury claims. This also applies to accident at work claims. Generally, this will begin from the date your accident happened. However, for injuries that don’t present themselves for some time (like mesothelioma or occupational asthma), your limitation period will begin from the date of diagnosis.
Where a claimant loses the mental capacity to make a factory accident claim, the time limit won’t apply. This could be the case in serious life-changing accidents. In these cases, a friend or relative could claim on behalf of the injured party by becoming their litigation friend. You can find out more about what a litigation friend is and how the process works here.
You might have concerns about making a factory accident claim against your employer. However, you are well within your rights to take action if their negligence has caused you to suffer.
Legally, they cannot treat you differently, discipline you, or sack you for claiming. Furthermore, the profits of the company will not be affected by your claim as your employer must have Employers’ Liability Insurance in place to cover such claims.
As we said at the start of this guide, you’ll need to show how your factory accident happened, who was to blame, and what injuries you sustained to make a successful claim. This isn’t the easiest thing to achieve, especially when you’re dealing with your employer’s insurance company.
We believe that you have a better chance of being paid compensation if you have a solicitor on your side. If your factory accident claim is accepted, we’ll appoint a personal injury solicitor from our team. They’ll work with you to gain a full understanding of how you have suffered. They’ll then prepare a concise claim that sets out why and how much you should be compensated.
All communication will be handled for you and you’ll get regular updates from your solicitor. If you have any questions, they’ll be there to answer them for you. Importantly, they won’t settle for the first compensation offer if they believe it doesn’t cover your suffering fully. Instead, they will discuss it with you and then go back and fight for a higher settlement.
If you would like to discuss starting the factory accident claims process, then please get in touch. Our team of specialist advisors can be reached on 0800 6524 881. During your call, we’ll assess your case on a no-obligation basis and offer free legal advice. If your claim has a reasonable chance of success, a solicitor could be appointed on a No Win No Fee basis.
Thanks for reading our guide on factory accident compensation claims, and please call today if you’d like further information.