Personal Injury Claims
No-win, No-fee claims
If you’ve been injured in an accident that occurred because someone who had a duty of care towards you breached this duty, you may be able to claim compensation for your suffering.
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Your Guide To Factory Accident Claims
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Factory owners have a legal duty of care to people on their premises to keep them safe from accidents and injury. This duty extends to their workers and visitors to the site, whether they are other contractors or members of the public. If a factory owner breaches a duty of care that leads to an injury which wasn’t your fault, you may be able to claim compensation and bring a factory accident compensation claim.
Factories can be dangerous places, and every year, many employees suffer an industrial injury because their employer has failed to ensure their health and welfare under health and safety legislation.
This guide will explain how to make a claim for physical injuries sustained in a factory setting. It will also inform you about your legal rights and essential information about how the claims process works.
If you work in a factory and you believe your employer failed to protect you from harm and you’ve sustained injuries as a result, then call us now for a free eligibility check – the number is at the top of the page. There is also the option to message us via live chat. We provide free advice and can help you understand whether you have a valid factory accident claim.
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What Are Factory Accident Claims?
Personal injury claims arising from incidents and accidents in factories can have a significant impact on a person’s daily life and livelihood.
It’s easy to envision industrial accident claims giving rise to serious injuries in dangerous settings. However, whilst factory accident compensation claims undoubtedly include severe, life-changing injuries, a factory accident claim can also involve something as simple as slipping on an unsafe stair on the way to the offices. Factory owners are responsible for keeping their workforce safe on all the factory premises, not just in known danger areas.
A factory accident can occur for many different reasons, including unsatisfactory working conditions, inadequate training and a failure to provide appropriate PPE – Personal Protective Equipment.
Factory injuries don’t have to be severe or life-changing; they can include minor injuries, such as a fractured forearm with no lasting effects and even psychological harm like Post Traumatic Stress Disorder (PTSD).
Factory owners have a duty of care to everyone on their premises, and this includes contractors and other visitors such as members of the public, in addition to their workforce.
Factory accident compensation claims fall under the umbrella of personal injury claims, which is a type of civil action. Most people who want to make an industrial accident claim use a specialist personal injury solicitor to claim compensation.
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How Common Are Industrial Accidents?
Industrial injuries form part of workplace accident data, which is gathered and recorded by the Health and Safety Executive (HSE). The HSE monitors workplace health and safety in Britain. As part of this role, the HSE collects statistical data on accidents in the workplace.
Figures from 2022/2023 showed that amongst non-fatal injuries to employees, falls from height accounted for 8% of accidents. Being struck by a moving or falling object represented 11% of accidents suffered by workers. However, slips, trips and falls on the same level where the most common reported cause of non-fatal injuries at 32%.
Here are some other common causes of accidents in factory accident claims.
- An unsafe or hazardous working environment like poor lighting, inadequately maintained machinery and equipment, and lack of ventilation can all contribute to industrial injuries.
- Failure to train and supervise factory workers correctly or provide appropriate personal protective equipment increases the risk of accidents.
- Ignoring or not implementing property safety standards and procedures can lead to accidents and people being injured in a factory working environment.
Health And Safety Executive Regulations And Employer Responsibilities
In addition to monitoring workplace health and safety, the HSE also enforces legislation designed to keep employees safe while at work. The main piece of health and safety legislation is the Health and Safety at Work etc. Act 1974. This law sets out the duty of care for all employers. This means that they need to ensure the health, safety and welfare of their employees in a factory environment and any other workplace.
Employers must: –
- Provide a safe working environment.
- Give appropriate and adequate training.
- Supply proper equipment and safety wear to prevent an industrial accident.
- Provide an appropriate mechanism for employees to report health and safety concerns and worries to senior staff.
Employers who don’t comply with health and safety regulations can find themselves on the receiving end of serious consequences on top of an expensive industrial accident claim. The HSE can impose hefty fines and, in some cases, prosecute in the courts.
How To Find Out If You Are Eligible To Make A Factory Accident Claim
If you’ve had an accident in a factory and want to make a personal injury claim, then you will need to be able to demonstrate that the factory owner owed you a duty of care. It must be a breach in this that caused your injuries.
If you are an employee claiming compensation for a factory accident because of your employer’s negligence, then it’s easy to establish a duty of care. At law, all employers owe their workers a duty of care under the Health and Safety at Work Act 1974.
If you are not an employee or factory worker but are in a factory environment for another reason, you may still be able to make a compensation claim under different legislation, such as the Occupiers’ Liability Act 1957. Again, you will need to show that you were owed a duty of care whilst on the factory premises. A breach of that duty must have caused your injury.
If you’re not sure whether you are eligible to make a compensation claim, then call us now for a free eligibility check. If you prefer, you can also message us via our live chat box.
How Does The Claims Process Work?
A vital part of the personal injury claims process is proving liability for your injuries. There are various pieces of evidence you could collect to help with this.
For example, the accident log book. It is your employer’s duty to record accidents and incidents in the workplace in an accident book, so there should be a detailed record of what happened. Witness statements and photographic evidence are also helpful.
If you decide to instruct a solicitor, they will help to establish employer negligence. As the injured party, you are referred to as the claimant and your employer (or the controller of the factory site if you don’t work there) the respondent or, if the case goes to court, the defendant.
You might be required to have an independent medical assessment, and the following report will be used to establish the validity of your injuries and how they have affected your lifestyle and financial position.
If the injury has prevented you from working and you have lost income as a result, then you are also entitled to claim compensation for lost earnings and additional costs like private health treatment and transport to and from medical appointments. Some people with life-changing injuries may also be entitled to claim lifelong care costs. You’ll need to provide documentary evidence of anything additional you want to claim.
How Much Compensation Could You Receive?
Each industrial accident claim is different in terms of the injuries and the impact it has on the claimant’s daily life. Consequently, it can be hard to provide precise figures on how much compensation you could be awarded.
However, the legal profession and the courts have a system for calculating monetary awards in a personal injury claim to ensure consistency and fairness. For this purpose, they use the Judicial College Guidelines, a detailed framework quantifying different injuries to provide accident compensation values. Here are some examples.
- Your settlement could include compensation for multiple injuries of a severe nature and special damages, such as your lost wages and care costs. In these cases, the award can be up to or exceed £1,000,000.
- If you are in an accident that results in the loss of both legs (either above the knee or one above and one below), such as having your lower body trapped under a forklift, you could be awarded £293,850 to £344,150.
- An injury resulting in brain damage caused by a blow to the head from a falling object or slipping and falling on an unsafe surface and classified as moderate where there is personality change, an impact on sight and speech and no prospect of employment can receive an award between £183,190 and £267,340.
- Psychological trauma is also included in compensation payouts. Severe Post Traumatic Stress Disorder (PTSD), which develops following serious industrial accidents, is compensated alongside the physical injuries and can lead to a payout of between £73,050 and £122,850.
- Complete loss of sight in one eye caused by the ingress of a physical object or noxious chemical can receive compensation of between £60,130 and £66,920.
- Moderate back injuries which cause residual disability, such as a crush fracture of the lumbar vertebrae, could receive between £33,880 to £47,320. For example, if you trip over clutter in a walkway, you could suffer a back injury.
- A less severe arm injury could be caused from slipping on a wet floor that wasn’t adequately signposted. There would have been significant disabilities, although a substantial recovery would have taken place, or is expected. These types of injuries could be compensated between £23,430 to £47,810.
Inadequate manual handling training could cause a serious shoulder injury, such as dislocation and lower brachial plexus damage that leads to pain, sensory symptoms and restricted shoulder movement. This could be awarded between £15,580 to £23,430.
Compensation Bracket: 0.00
What Are Special Damages?
Special damages relate to other costs and expenses on top of the compensation awarded for your pain and suffering in a factory accident claim.
Special damages include additional costs incurred because of the accident, such as private medical charges, transportation expenses if you can’t drive and ongoing care costs. You can also claim lost income because you are unable to work and your salary is reduced due to Statutory Sick Pay (SSP).
If you want these costs to be added to your accident at work claim, then you must be able to provide documentary evidence to support them, such as bank statements, pay slips, receipts and invoices.
How No Win No Fee Solicitors Co Can Help You
If you want to claim compensation for injuries received after a factory accident at work, you may want to work with expert solicitors who have experience in accident at work claims.
Here at No Win No Fee Solicitors Co, our team specialise in factory accident claims plus, we operate on a No Win No Fee basis, which means you don’t pay a penny to start or progress your claim. If you don’t win, you still don’t pay a penny. This is risk-free legal representation – you really have nothing to lose.
If you are paid compensation, then our solicitors will take a percentage of the compensation awarded, sometimes called a success fee. This percentage is capped by legislation. This means that anyone who meets the personal injury claims eligibility can start a factory accident claim.
If you’d like to check if you can make an accident claim and how much compensation you could receive, please call us on the number above, write to us here, or message us now via our live chat box. We’re always happy to help.
Frequently Asked Questions
Below we’ll answer common questions regarding factory accident claims.
Can I still make a claim even if my employer was not wholly to blame for my accident?
Many accidents are the fault of more than one person. It is common in road traffic accidents for two or several motorists to be partially responsible for what happened. This is called contributory negligence, meaning you have added to the accident. Being partly to blame doesn’t mean that you cannot make an accident compensation claim. An example of this is not following prescribed safety standards or wearing PPE in specific locations. Nonetheless, it is still your employer’s responsibility to keep workers in a safe environment so you can still make a claim. Any compensation awarded will be proportionally reduced to reflect your responsibility and behaviour in contributing to the accident or your injury.
How long do I have to claim compensation for injuries after a factory accident?
There is a time limit to bring a compensation claim, and this is referred to as the limitation period. In personal injury claims, you have three years from the date of the accident to make an injury claim. However, there are some exceptions to this, like for those under the age of 18 at the time of the accident. Please get in touch to find out more.
Can I continue to work for my employer if I make a compensation claim against them?
You have several rights as an employee in a factory, and one of these is the right to seek compensation for injuries sustained in a factory accident. Employees also have the right not to be treated differently, discriminated against or unfairly treated if they decide to make compensation claims.
Do I need to use a personal injury solicitor to make an industrial accident claim?
How long do industrial injury claims take to settle?
Straightforward cases could take several months but can usually be resolved within a year. However, it does depend on your employers and whether they contest liability or the amount you are claiming. Some cases take longer simply because of the complex nature of the claimant’s injuries. It can sometimes be months, if not years before some injuries are fully apparent in terms of the impact they have on the claimant’s life. In these cases, the court or employer’s insurance company will often arrange for interim payments to be made to the claimant to help with living costs and other expenses.
Will I have to pay legal fees if my case goes to court?
You won’t have to pay any legal costs if your factory accident claim goes to court, but only if you are being represented by a solicitor working on a No Win No Fee basis. This service might be offered under a Conditional Fee Agreement. If you win your case, the solicitor will take a percentage of the compensation awarded, which is agreed with you before the claims process starts.
