Last updated 5th July 2023. By Lewis Winehouse. If you work in a factory and have been injured due to the negligence of your employer, you could be eligible to make a factory accident claim. We will explore what constitutes negligence later in this guide.
Your employer has a duty of care to ensure the safety of all of their employees. If this is breached and you sustain injuries, you could be able to claim for an accident at work. We will explore the duty of care you’re owed in more detail further in our guide.
Additionally, we aim to explore the answers to the questions:
- How long after an incident can you claim compensation?
- How much compensation may I receive for a successful claim for an accident at work?
Furthermore, we will explore No Win No Fee solicitors and how their services could benefit you.
Please continue reading for more information. Alternatively, you can speak directly to a member of our team. To get in touch:
Select A Section
- Factory Accident Claims – Eligibility Criteria
- What Are Some Of The Most Common Factory Accidents?
- How Long After A Factory Accident Can You Claim?
- How To Make A Factory Accident Claim
- Factory Accident Claim Calculator
- Why Choose Legal Helpline?
Your employer has a duty of care under the Health and Safety at Work etc. Act 1974 to ensure your safety in the workplace. They must take reasonable and practicable steps to prevent you from becoming harmed. If they failed to do so, and this caused you to sustain harm in a factory accident, you may be eligible to sue your employer.
However, in order to have valid grounds to make a personal injury claim following a factory accident at work, you need to be able to prove the following:
- Your employer owed you a duty of care at the time and location of the accident.
- This duty of care was breached,
- You experienced harm as a result of the breach.
The above three points form the basis of negligence in personal injury claims. If you can prove negligence occurred, you could be eligible to make an accident at work claim and seek compensation for your factory injury.
For further guidance on when you could be eligible to make a factory accident claim, please contact an advisor on the number above.
Examples of how a factory accident could occur include:
- Your employer might not have cleared or signposted a spillage despite being aware of the issue and having a reasonable time to do so. Consequently, you slip on a wet floor and hurt your back.
- You might have been asked to operate the forklift despite not being given the necessary training to do so. As a result, you crash and endure a severe head injury.
- Your employer might not have carried out a risk assessment leading to the factory floor being cluttered. Subsequently, you slip, trip or fall in a cluttered walkway and suffer a shoulder injury.
- Your employer may have failed to regularly assess the safety of machinery. As a result, you sustain a crushed hand injury due to faulty equipment.
If you have experienced an incident of employer negligence causing you to sustain harm, get in touch with our advisors for free legal advice. They can advise on whether you’re eligible to make a factory accident claim.
Safety In Manufacturing
The Health and Safety Executive (HSE) records and publishes health and safety at work statistics, which includes employer reports made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
As per their statistics, there were 8,713 non-fatal injuries reported in the manufacturing industry in 2020/21.
As set out by the Limitation Act 1980, you generally have 3 years to start your factory accident claim. This may begin from the date of the accident or from the date when you associated your injuries with the negligence of your employer.
That being said, there are some exceptions to the 3-year time limit. Such as:
- If the person is under the age of 18.
- If the person lacks the mental capacity to make their own claim.
To learn more about the exceptions, please get in touch using the number above.
If you have been hurt in an accident that was your employer’s fault, gathering as much evidence as possible is a good way to strengthen your factory accident claim. You could do this by:
- Seeking medical attention which not only treats you for your injuries but generates medical records that can be used as evidence to support your case.
- Fill out the accident at work book, if applicable.
- Acquire witness contact details for a statement to be taken at a later date.
- Gather footage of the accident or the scene in which it occurred via CCTV.
- Take pictures of your injuries.
Additionally, you could seek legal advice. Our team of advisors can help provide you with more information regarding the claims process. You can get in touch on the number above.
The payout you receive for a successful factory accident claim may consist of two heads of claim. Firstly, you could receive general damages for any mental or physical pain and suffering caused by your injuries.
We have compiled a table using guideline compensation figures from the Judicial College Guidelines (JCG), a document that legal professionals use to aid them when valuing the general damages head of claim.
However, it must be noted that these figures are not guaranteed because each personal injury claim is unique. Additionally, legal professionals can use other resources to help them value your injuries, such as medical evidence.
|Brain Damage||(a) Very severe||£282,010 to £403,990||Several cases are included in this bracket including 'locked in' syndrome.|
|Hand Injuries||(e) Serious||£29,000 to £61,910||Hand injuries that reduce the capacity in the hand to around 50%.|
|Leg Injuries||(b) Severe (i)||£96,250 to £135,920||Injuries that are the most serious falling short of amputation.|
|Leg Injuries||(c) Less serious (i)||£17,960 to £27,760||The person has a fracture which doesn't completely recover.|
|Arm Amputations||(b) One arm is lost (i)||Not less than £137,160||The arm is amputated at the shoulder.|
|Foot Injuries||(f) Moderate||£13,740 to £24,990||Displaced fractures of the metatarsal causing ongoing symptoms and deformity that's permanent.|
|Back Injuries||(a) Severe (ii)||£74,160 to £88,430||Injuries in this bracket have special features such as nerve root damage alongside other symptoms such as sensation loss and impaired mobility.|
|Pelvis Injuries||(a) Severe (ii)||£61,910 to £78,400||There are different injuries included in this bracket such as a pelvis fracture dislocation that results in impotence.|
|Ankle Injuries||(d) Modest||Up to £13,740||Less serious fractures, sprains and injuries to the ligaments are included in this bracket.|
|Toe Injuries||(d) Moderate||Up to £9,600||Injuries such as a straightforward fracture.|
Furthermore, special damages could also be included as part of your settlement. This head of claim looks to reimburse you for any financial losses incurred due to your injuries.
For example, you might be unable to work due to a hand injury and suffer a loss of earnings. These losses may be covered by special damages. It could also cover:
- Care costs
- Medical expenses
- Travel costs
In order to be reimbursed for any monetary losses, you should keep a record of them. For example, you could keep a record of bank statements, receipts, or invoices.
Claiming under a No Win No Fee agreement can provide several benefits. Generally, our panel of solicitors work under a Conditional Fee Agreement (CFA) which is a type of No Win No Fee service.
Under a CFA, you typically won’t be expected to pay for your solicitor’s services upfront, while your claim is ongoing or if your claim is not a success.
However, if your case is won, you will pay a success fee to your solicitor. This will be legally capped and deducted from your compensation.
Our team of advisors are available to offer free legal advice 24 hours a day, 7 days a week. If they find you are eligible, they could connect you with a solicitor from our panel to represent your claim on this basis. Alternatively, they can answer any questions you might have regarding your potential factory accident claim.
To speak with an advisor:
Related Industrial Accident Claims
Below, we have provided some additional resources that you may find helpful:
Additionally, we have included some of our own guides:
- £20,000 compensation payout for a broken toe accident at work
- £30,000 compensation payout for a fractured forearm at work
- Warehouse accident claims
Thank you for reading this guide on how to make a factory accident claim. If you have any additional questions, get in touch using the details provided.
Written by BP
Edited by MMI