No Win, No FeeIt is fair to say factories can sometimes be dangerous places to work. With machinery often working at high speed, there is always the potential for factory workers to be injured. Even though factory owners do take steps to try and reduce the risk of injury, factory accidents do still happen. If you’ve been injured in a factory through no fault of your own, this article on factory accident claims will explain when you could be compensated for any suffering caused.
Our team is here to help if you would like to find out more. We offer a free initial consultation to review your factory accident claim where you’ll receive no-obligation legal advice about your chances of receiving compensation. If they are high enough, and one of our personal injury lawyers accepts your claim, you’ll benefit from their No Win, No Fee service. As such, legal fees won’t be payable unless you are awarded compensation.
Please keep reading to find out about the types of accidents in a factory that could lead to a compensation claim. If you’d rather speak with a specialist right away, please call us on 0800 652 1345.
When Can You Claim Compensation After a Factory Accident?
In the context of compensation claims, a factory accident refers to any incident resulting in personal injury or harm that occurs within a factory setting. Essentially, you must have suffered an injury whilst working in a factory that could’ve been avoided had your employer acted differently.
Some examples of the types of incidents that could be claimed for in factory accident claims include:
- Being struck by an object: This can include debris from machines or items stored at height.
- Falling from height: When working on ladders, platforms or lifts.
- Machinery accidents: These can lead to crushing injuries or amputations.
- Electric shocks: Linked to working in wet conditions or with faulty equipment.
- Slips, trips and falls: These can happen because of leaks, spillages or uneven flooring in the factory.
- Manual handling accidents: Related to moving large or awkward loads or moving smaller loads over long distances.
- Exposure to hazardous substances: This can include toxic fumes from machinery or cleaning products.
In general, any factory accident caused by employer negligence or failure to follow health and safety regulations may entitle you to compensation.
Am I Entitled to Compensation for an Accident in a Factory?
Several employment laws including the Health and Safety at Work Act 1974 and the Personal Protective Equipment at Work Regulations 1992 place a duty of care on employers to take reasonable steps to try and reduce factory worker injuries.
As such, a personal injury solicitor on our panel could help you to claim compensation if:
- Your employer was negligent i.e. they breached their duty of care towards you; and
- An accident in the factory happened because of that negligence; and
- You were made ill or sustained an injury during the accident.
If you work with one of our specialist solicitors they’ll use their knowledge and experience to present as strong a case as possible.
What Types of Factory Injuries Can I Claim For?
Some of the most common injuries to factory workers that result in compensation include:
- Crushed or broken bones.
- Amputations of digits or limbs.
- Repetitive Strain Injuries (RSI).
- Soft tissue injuries.
- Back injuries.
- Scalds, burns and scar injuries.
- Shoulder and neck injuries.
- Severe bruising.
- Psychiatric problems.
- Industrial diseases including NIHL and occupational asthma.
By law, some factory accidents must be reported to the Health and Safety Executive (HSE) in accordance with the requirements of RIDDOR. A copy of any investigation report could be a useful piece of proof to support your factory accident claim.
Whether your accident or injury was reported or not, we could help you claim for any suffering you endured as a result.
What Evidence Do I Need for a Factory Accident Claim?
Whether your employer is apologetic for the injuries you’ve sustained at the time of the factory accident or not, they will NOT usually manage the claim themselves. It is much more likely that the claim will be forwarded to the company’s insurance provider.
Their default stance is usually to deny all liability. It is therefore up to you to prove how you were injured, why your employer was to blame and how you’ve suffered. This is something your solicitor will do for you if your claim is taken. You can make the process easier by providing as much proof as possible. This might include:
- Medical records. Treatment at a hospital or GP surgery means your injuries should be diagnosed properly and treated correctly. It will also mean you’ll be able to obtain medical records to support your factory accident claim.
- Security camera footage. If the factory where you were injured uses CCTV cameras, you can request that a copy of any relevant footage is sent to you.
- Witness statements. You should ask your colleagues or anyone else present at the time of your accident for their contact details. If witness statements are needed to corroborate your version of events, your solicitor will collect them later on.
- Accident report forms. Legally, factory accidents should be recorded in the company’s accident reporting system. As you should be given a copy of the report, it could help to prove where and when your accident occurred.
- Photographs. After your accident, it’s a good idea to take a picture of the factory accident scene or the machine that injured you (along with any obvious defects). Additionally, as you recover, you should take photographs of any visible injuries at regular intervals.
Your solicitor will also help you to write a statement of what happened and how you’ve been affected. This could include details of any days off work or family events missed because of your injuries.
How Does My Solicitor Know How Serious My Injuries Are?
As part of any work accident claim, you will need an independent medical assessment. Your solicitor can usually book this locally with a medical expert. During the meeting, any ongoing injuries will be examined and the specialist will ask a series of questions about how you’ve suffered. After the meeting has concluded, the specialist will explain your prognosis in a report for your solicitor.
What Is the Time Limit to Make a Factory Accident Claim?
If you’ve been injured in a factory whether as a worker or visitor, you’ll need to abide by the 3-year time limit for compensation claims. This will generally start from either of the following:
- The date that the factory accident happened; or
- Your date of knowledge – this will be when your GP diagnosed an injury that didn’t present immediately, i.e. an industrial disease or repetitive strain injury and linked it to your job in the factory.
The amount of work involved in factory accident claims means it’s best not to start the process too late. If you can begin early, you and your solicitor will have plenty of time to arrange medical assessments and collect supporting proof.
How Much Compensation for a Factory Accident Can I Claim?
When claiming for injuries in a factory accident, your personal injury lawyer will have to justify the payout you’re asking for. As such a claim against your employer would be based on general damages (suffering caused by the accident in the factory) and special damages (money lost because of the accident).
As such, factory accident compensation could be paid to cover:
- Pain and suffering caused by your injuries.
- Any negative effect on your normal activities and hobbies.
- Medical expenses (private treatment may sometimes be covered).
- The cost of a carer (friend, family or professional carer).
- Travelling costs.
- Improvements or modifications to your home to help you cope with any ongoing disability.
As you can only claim compensation for your injuries once, you must consider how you’ve already suffered and how you might in the future. If you work with one of our personal injury solicitors, they’ll help with this by reviewing your factory accident compensation claim in detail with you before it’s sent to your employer.
Can I Claim for Loss of Earnings Due to a Factory Accident?
Any lost earnings caused by a factory accident can have a big impact on your life so they could be paid back if you make a successful personal injury claim. You could even claim back any commission, bonuses or overtime lost while you were injured.
Factory accident claims could also qualify for future loss of earnings payments if you’ve suffered injuries that will affect you for the long term.
Is It Possible to Claim for Emotional Distress Caused by a Factory Accident?
There is a chance that some factory accidents can lead to emotional distress and psychological suffering. For instance, if you were trapped or crushed in a factory accident, you might be diagnosed with Post-Traumatic Stress Disorder (PTSD). Similarly, you might suffer from flashbacks when working in the same area where your accident occurred.
Will I Need a Solicitor to Claim Factory Accident Compensation?
You’re not required to use a solicitor for a factory accident compensation claim, but they may improve your chances of a successful outcome. To help ease concerns about legal costs, our solicitors offer a No Win, No Fee service. This means that if your factory accident compensation claim isn’t successful, you won’t pay any legal fees, reducing financial stress and risk.
Signing your No Win, No Fee agreement will allow your solicitor to get to work straight away. If you agree to work together, their main aims will be to:
- Manage the whole claim on your behalf.
- Contact your employer or their insurer to inform them of the factory accident claim.
- Send any proof they’ve collected to support the claim.
- Shield you from any technical or legal questions.
- Try to ensure that you are compensated fairly for your suffering.
If your claim doesn’t work out, you won’t have to pay any legal fees whatsoever. If you receive compensation, though, your solicitor will deduct a success fee from the settlement amount to cover their work. This is capped legally at 25% and the amount you’ll pay will be listed in your agreement.
Factory Accident Claims Frequently Asked Questions
Can I Claim on Behalf of Someone Else Who Suffered a Factory Accident?
If a loved one has been injured in a factory accident, you might be able to claim compensation for them if they lack the mental capacity to deal with the claims process themselves.
To do so, you would need to apply to become their litigation friend. If you decide to proceed and are approved to act on your loved one’s behalf, you’ll be able to make decisions about the case and instruct a solicitor to try and win compensation in the normal way.
Will I Be Sacked For Making A Factory Accident Claim?
Legally, if you’ve been legitimately injured in a factory, you cannot be disciplined for claiming compensation from your employer.
If you were to be demoted, docked pay, sacked, treated differently or blocked from applying for promotion because you made an honest claim, you’d have grounds to seek further damages for unfair or constructive dismissal.
If your claim is accepted and you decide to proceed, your solicitor will deal with your employer or their insurers on your behalf.
Are Ongoing Treatment Costs for My Injuries from the Factory Accident Covered?
If you make a successful factory accident compensation claim, you should not be left out of pocket because of your injuries. As such, if you do settle your claim, you should make sure that the compensation payout takes into account the cost of any ongoing physiotherapy or surgery required to help you recover as much as possible from your injuries.
Start a Factory Accident Compensation Claim Today
If you or a loved one has suffered following an accident in a factory, call us on 0800 652 1345 to discuss your options today. A specialist will guide you through the claims process and offer legal advice on what to do next.
Any factory claim that’s taken on will be managed on a No Win, No Fee basis. That means that you will only pay legal fees if you receive a compensation payment.
If you would like to know anything else about factory accident claims, please connect with one of our live chat advisors.
