On the page below, you will find a general guide to making a factory accident claim. This guide is primarily focused on the eligibility criteria for making an injury claim because of an accident in a factory. It will illustrate how personal injury claims could benefit from the expertise of a No Win No Fee solicitor to process your claim for you. Reading this guide is going to equip you with all the information you need to decide whether you may have a potential claim.
You may find you have other questions that this guide does not provide answers for. In this case, you can call and speak to one of our claims advisors to have them answered. You can call us on 0800 408 7825. You may also request a call back using our contact form.
Select A Section:
- What Is a Factory Accident Claim?
- Why Do Factory Accidents Happen?
- Factory And Industrial Accident Statistics
- About Factory Health And Safety
- Factory Accident Claims Calculator
- How to Start A No Win No Fee Factory Accident Claim
What Is a Factory Accident Claim?
Your employer is legally obliged to take reasonable steps to provide you with a safe and healthy environment to work in. This requirement is enforced by a number of bodies of legislation (which we will look at in the next section).
However, if you suffer an injury due to an accident at a factory, it may have been caused by your employer failing to meet these legal obligations. And in such a case, you may be able to make a factory accident claim.
Employer negligence can result from their failure to adhere to health and safety laws and legislation. The key aspect to having a valid factory accident claim is proving negligence caused your injury. Below, we have listed a number of the applicable legislation:
- Health and Safety at Work etc. Act 1974
- Work at Height Regulations 2005
- Pressure Systems Safety Regulations 2000 (PSSR)
- Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
- Provision and Use of Work Equipment Regulations 1998 (PUWER)
Why Do Factory Accidents Happen?
A factory injury can be caused by a wide range of accidents. Not all of these accidents that cause injuries will entitle an employee to be eligible to pursue a claim. You must first prove that at the time and place of your injury, your employer owed you a duty of care. This duty will need to be breached and the resulting negligence will have caused your injury.
For example, manual handling injuries are caused due to lifting or moving heavy objects when no training had been provided on how to lift correctly. Some more examples of accidents at work that could result in a personal injury claim are listed below.
- Trips falls and slips.
- Falling from a height.
- Injuries caused by machinery.
- Vehicular accidents.
Slips And Falls From A Height Or On The Same Level
In the statistical section later in this guide, we show how a trip, fall or slip at work is the most common cause of non-fatal workplace injuries. Almost every personal injury lawyer will be experienced in helping claimants claim for a fall, trip or slip accident.
A personal injury solicitor may be able to help you claim for accidents involving machinery or vehicles. For example, if you are injured by a forklift truck because the employee had received no training on how to operate it correctly you could be eligible to claim compensation.
Workplace Accident Statistics
We used some data provided by the Health & Safety Executive, to create the graph below. It shows the most common cause of non-fatal workplace accidents during 2020/21.
About Factory Health And Safety
The Health & Safety Executive (HSE), is responsible for enforcing workplace safety. It monitors compliance with all laws related to workplace safety. It is also mandated to take punitive action against any company that fails to keep its staff safe. You may be able to make a factory accident claim if you can prove that your employer had not complied fully with all safety directives.
Factory Accident Claims Calculator
The table below gives examples of ranges of compensation for different injuries. These are all classed as general damages, and are paid to compensate for physical and mental harm. Your solicitor can help you to make a factory accident claim that includes general damages.
We based this table on information that was provided by the Judicial College. You can get a better idea of what damages you could claim by having a personal injury solicitor evaluate it. You may also be able to use a personal injury calculator to get a rough estimate.
|Injury||How Bad?||Potential Compensation||Additional Notes|
|Facial scars||Significant||£8,550 to £28,240||In cases where cosmetic surgery has corrected much of the damage. However, there is still residual scarring that has a psychological impact on the sufferer.|
|Stomach||(b) Loss of Function||Up to £140,870||Examples would include loss of bowel function and requiring the sufferer to use a colostomy bag.|
|Chest||(d) Simple Injury||£11,820 to £16,860||An example would be a single puncture wound. From which a good recovery will be made with no impact on lung function.|
|Neck||Minor||Up to £7,410||A full recovery within 2 years.|
|Back||Severe (i)||£85,470 to £151,070||Severe back damage. For example, damage to the nerves of the spine cord. Potentially with some paralysis, impairment of bladder function, sexual dysfunction, pain and ongoing disability, for example.|
|Foot||Modest||Up to £12,900||Fractures of the metatarsal, ligament and muscle damage, and other injuries. The result would be a permanent, impaired gait and potential ongoing pain.|
|Jaw fracture||Very serious||£28,610 to £42,730||A very serious broken jaw. For example, several fractures at one time, that will take a lot of treatment and time to heal.|
|Toe||Moderate||Up to £9,010||A moderate toe injury. Either a fresh injury, or an older injury that has been exacerbated in some way. Alternatively, injuries such as cuts that affect more than one toe.|
|Ankle||Severe||£29,380 to £46,980||Severe ankle injuries, that may require a long time and significant treatment to heal. Potentially, surgical pins and plates may have been used to repair the ankle. The level of ongoing problems with the ankle will have an impact on the compensation.|
|Eye||Loss of sight in one eye||£46,240 to £51,460||Loss of vision in just one eye. However, any facial scarring will also be factored in. As well as the risk of sympathetic ophthalmia.|
A Note On Special Damages
You may also be able to claim special damages, for monetary loss. These can be past losses or future predicted losses. However, you must provide documented evidence of any losses you intend to try and claim for. Some examples of reasons for claiming special damages are given below.
- Lost wages through missed work time.
- Lowered future earning potential.
- Care costs.
- Private medical costs.
- Ad-hoc expenses.
How to Start A No Win No Fee Factory Accident Claim
A solicitor working under a No Win No Fee agreement may offer to process your claim for you. No Win No Fee means no upfront fees, or ongoing fees to pay your solicitor. If the claim fails, you still don’t pay your solicitor their fee. However, if the claim is won, a small success fee will likely be due.
Do you have more questions? If you do, call and speak to our team of expert advisors. They can answer all your questions, and give you more advice on how to start a factory accident claim. Use the contact details below to reach out to us, and get the help that you need today.
Telephone: 0800 408 7825.
Or use webchat or our contact form.
Industrial Accident Claim Resources
Here are some useful web links.
And here are some more guides.
Article by AH