Have you been injured in a factory accident that wasn’t your fault? Do you feel that your employer was to blame? If so, please read our guide on factory accident claims and learn how you could receive a compensation payout.
Key Takeaways
- You could make an accident at work claim if your employer was negligent
- You could claim for financial losses you suffered as a result of the accident and injuries you suffered
- You will have 3 years to start your claim
- You will need to provide evidence, such as CCTV footage or medical records, to make your personal injury claim
- Your employer cannot treat you differently if you make a claim against them
Our advisors are available 24 hours a day, 7 days a week to answer any questions you may have about making a claim. As part of the free services we offer, our advisors could provide an eligibility assessment to determine whether you have a strong claim. If your claim is deemed strong, you could be connected with one of the experienced No Win No Fee solicitors from our panel. Contact us:
- Call us on 0800 408 7825
- Contact us by completing an online form
- Use our free live chat
Jump To A Section
- Can I Claim Compensation For My Factory Accident Injuries?
- What Are The Compensation Amounts For Factory Accident Claims?
- How Would Compensation Help Me?
- Would My Employer Pay For My Compensation?
- The Most Common Injuries Caused By Factory Accidents
- The Six Pack Regulations
- Can My Employer Treat Me Differently If I Claim?
- What Evidence Is Needed For Factory Accident Claims?
- How Much Time Do I Have To Start A Claim?
- No Win No Fee Factory Accident Claims Solicitors
- Learn More
Can I Claim Compensation For My Factory Accident Injuries?
You can claim compensation for your factory accident injuries provided that you meet the eligibility requirements. It therefore must be established that your employer acted negligently, resulting in your injuries. As a result, the following criteria must be satisfied:
- You were owed a duty of care by your employer
- Your employer breached this duty of care
- The breach directly resulted in your injury
Employers must adhere to the Health and Safety at Work etc. Act 1974 (HASAWA), which states that all employers owe their employees a duty of care, meaning they must take reasonable steps to ensure the health and safety of their employees. Examples of this may include performing regular risk assessments or performing regular maintenance checks on workplace equipment.
If you want to find out more about your eligibility to claim, please contact one of our friendly advisors.
Claiming On Behalf Of A Child Or Loved One
You may be able to make a personal injury claim on behalf of a child or a loved one for injuries they have suffered. The courts could appoint you as a litigation friend to make decisions on the claimant’s behalf, and to ensure that their best interests are always protected throughout the process. Typically, litigation friends are usually parents, guardians, or even solicitors.
You can be appointed as a litigation friend in the following scenarios:
- The claimant lacks the mental capacity to claim themselves or;
- They are a child under the age of 18 (as those aged 16 and 17 can work), so they cannot claim on their own.
If you are wondering how to start a claim on behalf of a loved one, please get in touch today.
What Are The Compensation Amounts For Factory Accident Claims?
In successful factory accident claims, you will be entitled to receive general damages for any physical and psychological injuries you suffered.
When calculating compensation for injuries, the Judicial College Guidelines (JCG) are commonly referred to by lawyers. Essentially, the JCG contains compensation guidelines for a variety of injuries and severities.
All entries in the table below, apart from the first, have been taken from the JCG. Please also note that the JCG are merely guidelines and do not provide a guarantee of how much you will receive.
| Injury | Potential Compensation |
|---|---|
| Multiple serious injuries plus special damages | Up to £1,000,000+ |
| Very severe brain damage | £344,150 to £493,000 |
| Total blindness | In the region of £327,940 |
| Severe back injuries (i) | £111,150 to £196,450 |
| Severe arm injuries | £117,360 to £159,770 |
| Severe neck injuries (ii) | £80,240 to £159,770 |
| Serious damage to both hands | £68,070 to £103,200 |
| Severe leg injuries (iii) serious | £47,840 to £66,920 |
| Moderate pelvis and hip injuries (i) | £32,450 to £47,810 |
| Moderate foot injuries | £16,770 to £30,500 |
| Serious shoulder injuries | £15,580 to £23,430 |
To learn more about compensation and to discuss your specific experiences, please feel free to talk to a member of our advisory team.
How Would Compensation Help Me?
A compensation pay-out could positively affect your life in numerous ways. For example, it could help you achieve a sense of justice, as well as providing assistance for any financial losses you suffered with as a result of the accident. For instance, you might need to pay for long-term physiotherapy sessions and travel expenses to and from appointments. These financial losses could be compensated under the head of loss known as special damages, and is awarded in addition to injury compensation.
Examples of special damages may include:
- Loss of earnings
- Home modification costs
- Childcare costs
- Travel expenses
- Medical expenses
- Rehabilitation costs
It is also important that you provide evidence for any special damages that you wish to include in your claim, such as:
- Receipts
- Payslips
- Invoices
Do you want to find out more about how you can claim for special damages? Please contact one of our advisors for further information.
Would My Employer Pay For My Compensation?
In the event that your claim is successful, your employer would not directly pay for any awarded compensation. This is due to the fact that all employers are legally required to have at least £5 million worth of employers’ liability insurance, and therefore your compensation would be paid by their insurer. This was set out by the Employers’ Liability (Compulsory Insurance) Act 1969.
If you want to ask any questions about making a claim against your employer, please contact us.
The Most Common Injuries Caused By Factory Accidents
If an employer fails to maintain safety in a factory, it can become a dangerous environment for accidents. Common examples of injuries caused by factory accidents may include:
- A slip, trip and fall accident are some of the most common factory accidents. For example, an employer may fail to signpost or clean an oil spill, causing an employee to slip and suffer a serious spine injury.
- An employer may fail to carry out regular inspections on machinery. Therefore, it may malfunction causing an employee to suffer an arm injury. The employee would therefore be entitled to make a claim against their employer for defective work equipment.
- An employer may fail to replace a worn out electrical wire, causing a fire to start in a factory. As a result, an employee may suffer with burn injuries.
- An employee may be assigned with carrying heavy goods despite not receiving any manual handling training from their employer. The employee may drop a heavy item from a height, causing another employee to be hit by a falling object, resulting in a head injury.
To talk about your specific factory accident, please get in touch and a member of our advisory team will help you.
The Six Pack Regulations
The Six Pack Regulations commonly refers to the 6 main health and safety regulations in the UK, which came into effect following six EU directives in 1993. These regulations exist as a legal framework, and are essential in setting out employers’ duties to maintain safety in the workplace.
The 6 regulations are crucial in proving an employer’s negligence in the workplace, and therefore will be explored individually in this guide.
If you wish to find out more about health and safety in the workplace, please contact one of our friendly advisors today.
Management Of Health And Safety At Work Regulations 1999
The Management Of Health And Safety At Work Regulations 1999 were introduced to further support the pre-existing HASAWA. Ultimately, this imposes the primary duty on employers to conduct risk assessments in the workplace.
In doing this, employers must identify hazards in the workplace and produce solutions to minimise dangers. Under this regulation, employers must also provide health and safety training and comprehensible safety information to all members of staff. In addition, there are obligations on employees to:
- Report any dangerous situations or accidents
- Report any concerns for health and safety issues
- Use equipment in line with health and safety training
Workplace (Health, Safety And Welfare) Regulations 1992
The Workplace (Health, Safety And Welfare) Regulations 1992 were introduced to cover basic health, safety and welfare issues which apply to most workplaces. Importantly, these regulations require employers to provide adequate working facilities such as lighting, heating, ventilation and clean workspaces.
The employer must also provide facilities for their staff, such as toilets, washing and changing, clean drinking water, a place to eat, and safe passageways to prevent slips, trips or falls.
Display Screen Equipment (DSE) Regulations
Under the Display Screen Equipment (DSE) Regulations 1992, an employer must aim to protect employees from health risks associated with display screen equipment (DSE). Risks of DSE may include:
- Bad posture
- Neck strain
- Back strain
- Fatigue
- Eye strain
Employers must therefore carry out risk assessments to prevent the above symptoms from developing.
For example, employers could provide health and safety training, such as how to adjust chairs and advice on posture correction to avoid back strain. An employer may also ensure that regular breaks are taken from looking at a screen or alternate tasks are given.
Manual Handling Operations Regulations 1992
The Manual Handling Operations Regulations 1992 established the following three-step approach for employers to reduce manual handling injuries:
- Avoid the need for any hazardous manual handling operations “so far as is reasonably practicable.”
- Assess the risks involved if the manual handling is unavoidable
- Reduce the risk of injury
Therefore, if manual handling is unavoidable, an employer must implement safe systems to reduce the risk of injury occurring. For example, an employer could provide detailed manual handling training, such as how to carry heavy objects and safe holding positions.
Provision And Use Of Work Equipment (PUWER) Regulations 1998
The Provision And Use Of Work Equipment (PUWER) Regulations 1998, places responsibilities on employers to ensure the safety of machinery and workplace equipment. In essence, work equipment must be suitable for use, maintained in a safe condition and routinely inspected.
Employers must also ensure that:
- Inspections must be carried out by a competent person
- High-risk equipment should be completed by a trained person
- Records must be kept of inspections
- Anyone using the equipment should be adequately trained on how to operate it
‘Work equipment’ may also include vehicles, lifts, hand tools, portable electrical equipment, or computers.
Personal Protective Equipment (PPE) Regulations 1992
Under the Personal Protective Equipment (PPE) Regulations 1992, employers are given duties to provide personal protective equipment (PPE) to employees when required. Suitable PPE must be provided when there is an unavoidable health and safety risk, which is often the nature of the employee’s job.
For example, a welder would be expected to be provided with a welding helmet to shield their eyes from sparks and intense light. Further examples of PPE that employers could provide includes:
- Gloves
- Steel-toe boots
- Ear plugs
- Safety goggles
- Dust masks
Under these regulations, employers must also ensure that employees are trained on how to use the PPE and ensure that they’re maintained.
To learn more about these regulations or to ask any questions about the factory accident claims process, you can contact our advisors.
Can My Employer Treat Me Differently If I Claim?
No, your employer cannot treat you differently if you make a claim against them. For example, your employer legally cannot dismiss you, demote you, or treat you differently for exercising your right to make a claim.
Should your employer treat you differently for using your rights, this is called ‘subjecting you to a detriment.’ If this occurs, there are many solutions such as:
- Reporting it to HR
- Claiming for detriment in an employment tribunal
- Claiming unfair dismissal if you were dismissed for making a claim
However, if you acted negligently in the workplace, your employer may have grounds to dismiss you due to misconduct.
Do you want to discuss factory accident claims further? Please contact our advisors today.
What Evidence Is Needed For Factory Accident Claims?
In factory accident claims, it is essential that you provide sufficient evidence to prove that your employer breached their duty of care. Below, we have listed examples of evidence that you could gather for your case:
- CCTV footage of your accident. You have a legal right to request CCTV footage of yourself.
- Medical records that detail your injuries
- Photographs or videos of the accident or injuries
- Contact details of any witnesses of the accident to support your version of events
- The accident report form from the workplace
Do you want to discuss what evidence you may have from your accident? Please get in touch with a member of our advisory team today.
How Much Time Do I Have To Start A Claim?
You will have 3 years to start your personal injury claim, as per the Limitation Act 1980. The time limit runs from the date of the accident.
Furthermore, there are exceptions to this time limit:
- If the claimant is a child, the time limit is frozen until their 18th birthday. From this date, the time limit begins and they have 3 years to make their claim or;
- If the claimant lacks mental capacity, they can only start their claim if their mental capacity is regained. From this date, they will have 3 years to make their claim.
To find out if you have enough time to make a claim, please contact one of our friendly advisors today.
No Win No Fee Factory Accident Claims Solicitors
If you suffered an injury in a factory accident, you could be entitled to make a factory accident claim. Following an eligibility assessment with one of our advisors, you could be connected with one of the No Win No Fee solicitors from our panel. By operating under a Conditional Fee Arrangement (CFA), you could enjoy the following benefits:
- You won’t be required to pay for any upfront or ongoing solicitor service fees
- If your claim is unsuccessful, you will not be required to pay solicitor’s fees
- If your clam is successful, you will only be required to pay a small success fee for your solicitor’s work. The percentage amount is taken from your compensation and is capped and therefore you will always receive the bulk of the compensation.
Contact Us
Our advisors are available around the clock to answer any questions you may have. If you wish to discuss making a factory accident claim, please reach out to us by:
- Calling on 0800 408 7825
- Contacting us by completing an online form
- Use our free live chat
Learn More
To learn more about making a personal injury claim, please see some of our other guides:
- Learn about how to claim for a broken wrist.
- See how to claim for a serious accident at work.
- Get help with construction injury claims.
Additional external information:
- See information on statutory sick pay from Gov.Uk
- See the advice about when to call 999 from the NHS
- See the following information from HSE about manual handling at work
Thank you for reading our guide on factory accident claims.