Have you been cut by a defective machine at work? Did the accident and injury happen as a result of your employer breaching their duty of care? If so, this guide could help you understand whether you’re eligible to make a personal injury claim.
It discusses the requirements you must meet to pursue a claim for personal injury compensation and the time limits you must abide by.
Additionally, we provide examples of the evidence you could gather to support your case and how a solicitor could help you do so.
In addition to understanding your case’s validity, you may want to learn about your potential compensation. We will examine how claims are assigned a value and the components that can make up settlements.
Many things could cause machinery malfunctions that lead to accidents. We look at the responsibility your employer has to prevent harm at work and examples of how an accident involving machinery could occur if they failed to adhere to workplace health and safety legislation.
To conclude, we outline the type of No Win No Fee agreement our panel of solicitors work under and the benefits this could offer you if you choose to work with them.
For more information, you can get in touch with an advisor by:
- Calling on 0161 696 9685
- Completing our online enquiry form
- Talking to us on live chat on our website
Select A Section
- Could I Claim If Cut By A Defective Machine At Work?
- What Evidence Do I Need To Pursue A Claim?
- Causes Of Defective Machinery Accidents At Work
- What Compensation Could You Claim If Cut By A Defective Machine At Work?
- Claim For A Defective Work Machinery Accident With A No Win No Fee Solicitor
- More Advice On Workplace Accident Claims
In order to begin a personal injury claim, there are eligibility requirements. As such, you must show:
- A duty of care was owed to you.
- This duty was breached.
- You suffered an injury due to this breach.
Under the Health and Safety at Work etc. Act 1974, your employer must take reasonable and practicable steps to ensure your safety. Additionally, The Provision and Use of Work Equipment Regulations 1998 (PUWER) places a duty on people and companies who own, operate or have control over work equipment as well as on businesses and organisations who use work equipment whether they own it or not.
As per PUWER, equipment for use at work is required, for example, to be suitable and safe for it’s intended use as well as maintained in a safe condition and used by people who have received adequate information, instruction and training.
If an employer failed to breach the duty of care they owed you by failing to ensure the safety of workplace equipment, and this caused you to sustain a cut by defective machinery at work, you may be eligible to seek compensation.
How Much Time Do You Have To Claim For A Defective Machinery Accident At Work?
In addition to satisfying the eligibility criteria, you must also adhere to the personal injury time limits to make an accident at work claim. The Limitation Act 1980 outlines that you generally have three years to begin your case from the accident date.
However, exceptions to the general rule exist, like if someone under 18 or lacking mental capacity gets injured. Our advisors have more information about these exceptions so get in touch to find out more.
To satisfy the personal injury claim eligibility criteria, you must be able to show that there was a breach of duty that caused harm. These elements form the basis of negligence in tort law, and evidence can help prove that negligence occurred and show how it affected you.
Many forms of evidence could support your case, including:
- CCTV footage
- Medical records
- Photographs of your injuries
- Contact details of witnesses
- Journal entries about your symptoms
The above list isn’t exhaustive, so contact our advisors now if you’re unsure what evidence you need. A free consultation will be provided to determine the validity of your case and a solicitor from our panel could be assigned to your case to assist you if eligible. As part of their service, they could help gather evidence to support your case. Get in touch today to find out whether you could work with a solicitor from our panel.
Several situations could cause you to suffer a cut by a defective machine at work. Below, we outline some of the ways a breach of duty could cause you to suffer harm this way.
- Firstly, appropriate safety procedures might not be in place. Because of these unsafe practices, equipment could be used without identifying faults and maintaining them properly. This could result in the machinery breaking down and leaving a laceration on your leg.
- Despite knowing a machine is faulty, your employer could allow you to use it anyway. This could result in it malfunctioning and leaving you with a crushed hand injury, including a broken bone and several cuts.
Get in touch with our advisors now to see if you are eligible to claim personal injury compensation.
A settlement will be awarded if you succeed in your personal injury claim. Two heads of claim could form your settlement, general damages being the first.
General damages are included in all successful settlements and compensate for the pain and suffering brought about by the injuries, both physical and psychological.
Medical evidence could be taken and analysed as part of the valuation process of your injuries. The Judicial College Guidelines can also be referred to alongside the medical evidence when assigning your injuries a value. The table provided below has sourced the guideline compensation brackets from this document.
However, care must be taken when looking at the stated guideline figures. Due to each case differing, no guarantee can be made regarding the compensation you could be awarded.
|Scarring To Other Parts Of The Body||Multiple Laceration Scars or One Single Disfiguring Scar||£7,830 to £22,730||These will affect the legs, arms, hands, back or chest.|
|Foot||Modest||Up to £13,740||Straightforward injuries including lacerations and fractures with a complete or nearly complete recovery is made.|
|Knee||Moderate (ii)||Up to £13,740||Injuries such as lacerations, twisting and bruising.|
|Hand||Moderate||£5,720 to £13,280||Deep lacerations, penetrating wounds, and soft tissue type injuries that leave a permanent disability.|
|Elbow||Moderate Or Minor||Up to £12,590||Injuries, such as lacerations, with no permanent damage or function impairment.|
|Leg||Less Serious (iii)||Up to £11,840||A wide range of injuries, including cuts and lacerations with a quick recovery and a minor or cosmetic disability.|
|Toe||Moderate||Up to £9,600||Laceration injuries affecting one or more toes.|
Claiming For Financial Losses
Where general damages have been awarded, special damages could also be included in your settlement. This is the second head of claim and seeks to compensate for monetary losses incurred due to the injuries.
Relevant evidence will help prove these losses, including receipts, travel expenses and wage slips. Among other things, you could pursue compensation for:
- Travel expenses you incurred due to being unable to drive your car
- Medical costs such as for prescriptions
- Loss of earnings if you were unable to work due to your injury
If you’ve been cut by a defective machine at work and want to know how much compensation you could be entitled to, please contact an advisor. They could provide an estimate as to the level of personal injury compensation you might receive, if you have a valid case.
If your personal injury claim is valid and you choose to instruct a solicitor from our panel, they may offer a Conditional Fee Agreement (CFA). This is a specific type of No Win No Fee agreement, allowing you to access a solicitor’s services without paying any fees upfront or during your case.
A CFA also means no fees for the services provided will be payable if your case doesn’t succeed. But if it does, they will take a legally capped percentage from your compensation. This is only small and known as a success fee.
Our panel of solicitors have a wealth of knowledge regarding workplace accident claims and have helped many people through the legal process. So, contact our advisors now if you want to make a personal injury claim under a CFA and want this support.
Talk To Our Team Today
To get in touch with an advisor and ask any questions you have regarding your potential workplace accident claim, please use the following contact details:
If you want to read more of our guides, please look here:
- Find out whether you could make a claim following a manual handling accident at work.
- If you’re injured during your probationary period at work, find out if you can claim compensation.
- More information on making a claim after defective work equipment caused you an injury.
For some external resources, please look below:
- Information on where to get medical help from the NHS.
- Information about statutory sick pay from GOV.UK.
- A guide on machine safety from the Health and Safety Executive.
Thank you for reading our guide about making a personal injury claim due to suffering a cut by a defective machine at work. If you have any other questions, please contact an advisor on the number above.
Written by WG
Edited by MMI