Could I Make Factory Accident Claims For Compensation?

By Lewis Macoll. Last Updated 2nd May 2024. Factory accident claims are a kind of workplace injury claim. If you were injured because of an accident in a factory because of employer negligence, then you could be able to make a personal injury claim for compensation.

This guide will explain what the criteria for negligence are and how an accident in a factory might occur. You could be wondering how much compensation you might receive; if this is the case, this guide will explain how claims are valued which could give you an insight into how much your settlement could be worth.

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Factory accident claims guide

Select A Section:

How Can I Make A Factory Accident Compensation Claim?
Examples Of Factory Accidents
What Can I Do If I Suffer An Accident At A Factory?
Compensation For Factory Accident Claims
Can I Use A No Win No Fee Solicitor For Factory Accident Claims?
More Information About Factory Accident Claims

How Can I Make A Factory Accident Compensation Claim?

While you are at work, your health and safety are your employer’s responsibility. In other words, they have a duty of care towards you and your colleagues.

The duty of care means your employer has to take reasonable actions wherever necessary to reduce the risk of injury. If they breach this duty of care, and you’re injured as a result, you could be entitled to make a claim.

It’s important that the following criteria apply in order for factory accident claims to be made:

You’re owed a duty of care
They breached this duty, causing an accident at work
As a result, you sustained an injury.

For example, part of this duty of care is making sure that machinery is adequately maintained. If a colleague reported to their employer that a piece of machinery was faulty, but they still insisted that you use it, this is a breach of their duty of care. If the machinery then malfunctions, injuring you, you may be able to make a claim. All of these factors combined make negligence.

If you’re unsure whether your circumstances could form the basis of a valid claim, why not speak with one of our advisors? You could be connected with a No Win No Fee solicitor from our panel provided your case is strong enough.

Examples Of Factory Accidents

The legislation detailing your employer’s duty of care is the Health and Safety at Work etc. Act 1974. According to this Act, your employer needs to take all reasonably practicable steps to ensure your safety.

If your employer fails to take these steps, and you’re injured as a result, then they could be found liable for the injuries that result.

For example, they could be at fault for your injuries if;

They failed to carry out a risk assessment and so had not identified faulty machinery, and this led to your injury.
They did not inform you of the risks associated with using drills or any machinery (i.e. Hand-arm vibration syndrome), and this led to your injury or disability.
They provided incorrect training on manual handling, and your accident came while you were carrying out a manual handling task.

Some of the hazards that are present in factories will be unique to this kind of industry. For example, accidents involving machinery or workplace vehicles will only occur in workplaces where this equipment is used.

Other kinds of accidents (for example, slips, trips and falls) are ones that can occur in many different kinds of workplaces. Employers who work in factories should take all reasonably practicable steps to reduce the risk of both kinds of accidents.

For more information on how a breach of duty of care could lead to you being injured in the workplace, speak with an advisor today. They could connect you with a solicitor from our panel who has experience in factory accident claims.

What Can I Do If I Suffer An Accident At A Factory?

If you have suffered an accident, it is advised to seek out medical attention. Even if you feel fine, you might not know the full extent of the injury and conditions can worsen. Furthermore, seeking medical attention will generate medical records that you can use to support your claim.

After you have received treatment, you may wish to gather evidence to help you prove liability.

This can come in the form of CCTV, emails, dated footage or photos or witness testimonies. You cannot collect statements yourself, but you can collect contact details so that this can be done at a later date.

If faulty machinery was the cause of your injury, take photos of the machinery. You can also take photos of your injuries as you heal.

For more information about evidence that could be useful in factory accident claims, you can get in touch with one of our advisors. They can offer you detailed advice on what you could gather for your own case or information on how to access certain pieces of evidence (i.e. CCTV).

Compensation For Factory Accident Claims

So, how much compensation could you get from a successful factory accident claim? The short answer is that every claim is different, which means every payout is different. When your compensation is valued, the factors that are taken into account can include:

How severe your injuries are.
Your financial losses.
How your injuries will affect you in the future.

General damages, which cover the pain and suffering caused by your injuries, are awarded to all successful claimants. The Judicial College Guidelines (JCG) are often used to help reach a settlement amount under this heading, because they provide guideline compensation brackets for a variety of injuries.

The table below showcases some of the JCG brackets that could be relevant to a factory injury. Please be aware that the first entry isn’t from the JCG, and that these amounts are not guaranteed.

Injury	Notes	Award
Multiple Serious Injuries With Special Damages	If there is any brain damage at all, then it will be minimal.	Up to £100,000+
Serious Hand Injuries	Injuries that have reduced the hand to about 50 per cent capacity	£35,390 to £75,550
Severe Fractures to Fingers	Injuries that lead to partial amputations and impairment of use	Up to £44,840
Moderate Hand Injury	Crushing injuries or penetrating wounds, soft tissue injuries and deep lacerations	£6,910 to £16,200
Neck Injuries: Severe (iii)	Fractures, dislocations or severe damage to soft tissue	£55,500 to £68,330
Neck Injuries: Minor (i)	Full recovery occurs within 1 to 2 years, or short-term acceleration/exacerbation of pre-existing conditions.	£5,310 to £9,630
Ankle Injuries: Moderate	Fractures or ligament tears	£16,770 to £32,450
Knee Injuries: Moderate (i)	Involving dislocation or torn cartilage resulting in minor instability.	£16,770 to £32,450
Achilles Tendon: Moderate	Where the tendon is partially ruptured or significantly injured.	£15,370 to £25,710
Fracture of Clavicle	Extent of injury and presence of residual symptoms will influence the amount	£6,280 to £14,940

In some cases, your factory accident compensation claim payout could include special damages, which covers the financial losses you endured because of your injuries. For example, this heading can help you cover the cost of:

Lost earnings.
Travel.
Prescriptions.
Childcare.
Mobility aids.
Home adjustments.

Evidence of your financial losses will need to be presented when making a claim for special damages. This could include your payslips, and any relevant receipts and invoices.

To get more information on how much compensation you could receive for a factory accident claim, get in touch with our team of friendly advisors today.

Can I Use A No Win No Fee Solicitor For Factory Accident Claims?

No Win No Fee agreements are common practice in personal injury claims. They are an agreement between you and your solicitor, and it means they will not charge you upfront fees or ongoing legal fees.

They would only take payment on the condition that you are awarded compensation. If your claim is a success, they will charge you a success fee. This is a legally capped percentage of the compensation you are awarded. In the event that you don’t receive compensation, you don’t have to pay them anything at all.

If you’d like to be connected with a No Win No Fee solicitor from our panel, why not get in touch with an advisor today? If you have a valid claim, they could connect you with a personal injury solicitor to work on your claim.

Talk To Us About Factory Injury Claims

Our panel of personal injury solicitors handle factory accident claims and can offer representation on a No Win No Fee basis. You can reach out to an advisor now to see if you could be put through to one of them.

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