By Lewis Macoll. Last Updated 7th September 2022. 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.
If you would like to speak to an adviser, they are available to offer you free legal advice and can be reached via:
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Select A Section:
- How Can I Make Factory Accident Claims?
- Examples Of Factory Accidents
- What Can I Do If I Suffer An Accident At A Factory?
- Factory Accident Claims Payouts
- Can I Use A No Win No Fee Solicitor For A Factory Injury Claim?
- More Information About Factory Accident Claims
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.
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.
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.
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).
The amount that could be awarded in compensation in successful factory accident claims will depend on the nature of the injury and the effect it has had.
There are two different heads of claim that your compensation could consist of. One of them is general damages, and this compensates you for the physical and emotional impact of your injuries.
A publication called the Judicial College Guidelines (JCG) is used to help value general damages. The JCG is a collection of guideline awards for injuries based on previous court settlements.
We have included some examples from these guidelines below:
Injury Notes Award
Serious Hand Injuries Injuries that have reduced the hand to about 50 per cent capacity £27,220 to £58,100
Severe Fractures to Fingers Injuries that lead to partial amputations and impairment of use Up to £34,480
Moderate Hand Injury Crushing injuries or penetrating wounds, soft tissue injuries and deep lacerations £5,260 to £12,460
Neck Injuries: Severe (iii) Fractures, dislocations or severe damage to soft tissue £42,680 to £52,540
Neck Injuries: Minor (i) Full recovery occurs within 1 to 2 years, or short-term acceleration/exacerbation of pre-existing conditions. £4,080 to £7,410
Minor Brain or Head Injury If there is any brain damage at all, then it will be minimal. £2,070 to £11,980
Knee Injuries: Moderate (i) Involving dislocation or torn cartilage resulting in minor instability. £13,920 to £24,580
Ankle Injuries: Moderate Fractures or ligament tears £12,900 to £24,950
Achilles Tendon: Moderate Where the tendon is partially ruptured or significantly injured. £11,820 to £19,770
Fracture of Clavicle Extent of injury and presence of residual symptoms will influence the amount £4,830 to £11,490
You can also be awarded compensation to cover any financial losses you have suffered because of your injury. This is known as special damages. It can cover:
- Loss of earnings (including loss of future earnings). If your injuries mean that you have to take time off work, or that you cannot return to work at all, then you might be able to claim this back.
- Travel expenses to and from medical appointments. This can include the cost of public transport, fuel and parking.
- The cost of treatment that you can’t get on the NHS.
It is important to know as much as you can about the injury and how it will affect you before you make a claim for compensation. A settlement cannot be renegotiated once you have been paid out, so it’s important that your claim addresses all aspects of your injuries.
You can contact an adviser now for answers to any more questions you might have about factory accident claims.
Factory Accident Claims – What Else Can You Get Compensation For?
As discussed, if you’ve been injured in a factory due to your employer’s negligence, you could potentially claim special damages. This section includes a few more examples of what factory accident claims payouts could potentially compensate you for:
- Damage to property – for example, you may need to pay to repair or replace your phone
- Adaptions to the home – if you’ve suffered a long-term disability due to factory accident, you may need to pay for adaptions to your home such as a stairlift or wheelchair ramp.
- Mobility aids – you may require crutches or a wheelchair to help you carry out daily activities.
- Bonuses and pension contributions – you can claim for a loss of earnings, but you could also potentially claim for any bonuses or pension contributions you’ve missed out on as a result of your injury.
There are other financial losses you could potentially claim for. If you get in touch with our advisors today, they can give you more information on accident at work 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.
Our advisers can be reached via:
- The number at the top of the page
- Our contact page
- The live chat feature.
You can access information below that you might find useful if you’re looking into factory accident claims:
Find out more about statutory sick pay
How to request CCTV footage of yourself
NHS advice on when to call 999
We also offer guides on:
- A guide to accident at work claims
- Claim compensation if you’ve been injured by a moving object at work
- Manual handling injury claims
- How to claim compensation for hand injuries at work
- How to claim compensation after a head injury at work
- A guide on claiming compensation for a workplace injury
- Claim compensation after suffering a finger injury at work
- How to claim compensation for eye injuries at work
- Forklift accidents at work
- How to claim compensation for a knee injury at work
- Back injury at work claims
- How to make a fall from a height claim
- Finding construction accident solicitors
- Making a claim for a sprained ankle at work
- Making a claim for a concussion at work
- How long do I have to claim after an accident at work?
- What are my rights after an accident at work?
- What do I need to do after an accident at work?
- Working with serious injury solicitors
- A guide to claiming compensation for fatal work accidents
- How to make a work injury claim
- Tips on preventing an accident in the workplace
- Can my employer sack me after an accident at work?
- How to claim for an accident at work