What Do I Need To Know About Factory Accident Claims?

Factory accident claims guide

Factory accident claim guide

By Daniel Janeway. Last Updated 3rd January 2023. 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.

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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.

Key Legislation

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:

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.

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.

Machinery Accidents

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. Non-Fatal Workplace Accidents 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 Compensation Claim – Evidence Examples

When making factory accident claims, you need to be able to prove that your injuries were caused by the negligence of someone who owed you a duty of care. This could be your employer, for example or even another employee.

This is why gathering evidence is such as vital step in the claims process. The more you have, the better your chances of success tend to be. Here are a few examples of evidence you could use to establish negligence in factory accident claims:

  • Visual evidence – For instance, photographs and CCTV footage.
  • Medical records – You can request these at any time.
  • Independent medical assessment – This will be required as part of the claims process.
  • Witness statements – Make sure you’re able to reach anyone who saw the incident at a later date. They may be willing to submit a written account of what they saw.

There are other forms of evidence. Get in touch to find out more, including factory accident death claims if claiming on behalf of a loved one.

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.

Call and speak to one of our advisors. They can tell you what types of special damages might be appropriate. They can base this advice on the specifics of your claim for you.

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.

Personal Protective Equipment Regulation 1992

Reporting Accidents And Incidents At Work

RIDDOR Explained

And here are some more guides.

What Are My Rights After I Had An Accident At Work?

Why Is It Important To Report Accidents In The Workplace?

Article by AH

Publisher EC.