An industrial injury encompasses injuries that occur across all types of workplaces. As examples this includes offices, factories, supermarkets, and building sites. If you are injured in any accident while you are at work, you may be eligible to file an industrial injury compensation claim.
Industrial injuries compensation ensures that workers are financially compensated when they are injured in a workplace accident that is due to no fault of theirs.
Common Industrial Accidents And Consequences
Some industrial accidents are typical of certain industries, while others are common across all industries. Common industrial accidents include:
Slip And Trip Accidents
Slip and trip accidents can happen in just about any workplace due to slippery flooring, torn carpeting, uneven surfaces or obstacles lying in the way.
Machinery Related Accidents
Any machinery can be dangerous if not handled properly. While heavy machinery such as forklifts and cement mixers may result in more severe or even fatal injuries, workers can also suffer from cuts, lacerations, blindness or fractures from workplace machinery that may not look as menacing.
If any of these injuries were caused because of negligence you may be entitled to claim industrial injuries compensation.
Repetitive Movement Injuries
Some jobs involve performing repetitive movements for extensive periods of time. Without the proper precautions or training, these can cause several different types of injuries, from carpal tunnel syndrome and repetitive stress injury to back, neck and elbow injuries.
Falls From Height
Even a small object falling from height can result in serious injuries, from concussion to broken bones. Fall from height injuries can occur in any workplace, from offices to warehouses. Falls from height are a risk to many workers on construction sites.
Factories are notorious for being extremely loud. Exposure to these high noise decibels every day for several hours a day can result in industrial deafness. While the loud noise may be unavoidable, there are certain things that can be done to protect workers’ hearing.
If enough isn’t done to prevent damage to your hearing and you suffer industrial deafness this is when you could make a claim for industrial injuries compensation.
Accidents Involving Hazardous Substances
Several industries use toxic substances in their manufacturing process. Accidental exposure to any of these substances by way of inhalation, ingestion or direct contact, can cause an array of injuries, from skin irritations to chemical burns and respiratory illnesses.
Although the use of asbestos has been banned for several years, workers may still be exposed to this lethal substance from old pipes and other older construction material.
Construction and building site workers and those working for electrical contractors, interior decorators and home repairers are at highest risk of suffering electric shock injuries but they are not the only ones. Employees in many workplaces might be at risk from electric shock due to poor maintenance, exposed electric wires or leaking electrical currents.
In addition to the above, spine, back, hand, finger or brain injuries could occur due to several other reasons due to lax safety procedures, inadequate personal protective equipment, faulty machinery, poor space management and shortcuts. If any of these injuries are due to a lack of duty of care you could have an industrial injury claim.
Who Is Responsible For Protecting Workers From Industrial Injury?
While every worker is ultimately responsible for keeping themselves safe from injury, unfortunately sometimes it is out of their control. An individual worker may not have control over all aspects in the workplace, and this itself could put them at risk of industrial injury even if they adhere to all safety precautions themselves.
To safeguard the rights of workers everywhere, certain Health and Safety laws and regulations have been put into place. There is legislation that is relevant to Working at Height, Health and Safety at Work, Control of Hazardous Substances and Manual Handling among others. While each of these governs very specific areas, they all put the onus on the employer to keep their workers safe from harm.
Ultimately, it is the employer’s responsibility to ensure that all mandated protective measures have been put in place and that all safety guidelines are being practiced. If a worker gets injured because an employer failed in their responsibility or was negligent in any area, the employer is liable to pay the worker industrial injury compensation for their injuries.
How Much Compensation For Industrial Injury?
Calculating the exact amount of compensation to claim for an industrial injury depends on the severity and extent of the damage caused, what effects it has had on your health and your future prognosis, and actual financial losses due to the injury.
Our injury compensation calculator below demonstrates average compensation settlement amounts that are used by insurers and solicitors for example, when calculating personal injury compensation for general damages. General damages relate to pain and suffering. Compensation relating to special damages will need to be calculated by your solicitor.
Although the compensation calculator is accurate at the time of writing, it should only be used for guidance as there’s no guarantee your specific injury claim will receive the same figure payout.
How To Claim Industrial Injuries Compensation
Filing a successful claim for industrial injuries compensation starts with proving fault. To win any compensation claim for your injuries, you must be able to prove two things:
- That your injuries were sustained in the said accident.
- That the accident was caused due to somebody else’s negligence.
These can both be very difficult to prove if you do not have right legal counsel. Having an experienced personal injury solicitor to help you is key to winning any industrial injuries compensation claim. This is because you will be fighting against your employer’s insurance company, who will send highly experienced lawyers to squash your claim. Unless you have prior legal experience in personal injury law, you have a very small chance of winning.
Industrial Injury Solicitors
When looking for an experienced industrial injury solicitor, you should start by contacting reputed law firms who will give you a free first consultation and also offer to represent you on the basis of a No Win No Fee agreement. If the solicitor you speak to does not give you a choice of a No Win No Fee agreement, you might want to look for another.
A No Win No Fee agreement in our case absolves you from paying any fee until such time that the judgment is passed, and only then you only pay if the court rules in your favour. How No Win No Fee works is explained here.
When you have an experienced personal injury solicitor specialising in accidents at work representing you, you know you have the best chances of not just winning the claim but of getting the maximum compensation due to you. An experienced industrial injury solicitor will take the time to research precedents and consult with other experts to ensure that you will claim the maximum industrial injuries compensation you’re entitled to.
Updated 27th August 2021.