Any working environment has the potential to be dangerous if it is not properly maintained with the correct safety measures put into place. However, factories can be one of the most dangerous places to work due to fast-moving machinery, loud noise, hot surfaces as well as a range of other potential hazards.
Factory accidents can have severe consequences such as disabling injuries, loss of earnings and even the inability to look after yourself and others.
As factory workers work around these hazards, employers must ensure that they take steps to reduce the chances of an accident from occurring as they have a statutory duty of care. Therefore, if they do not actively take steps to reduce the risk for their employees, they become liable for any accident that happens in the workplace. If you have been injured at work following an employer’s negligence, you may be able to make an accident claim against your employer.
Factory accident claims: What are an employer’s legal responsibilities regarding employee safety?
Within the law, employers have a duty of care towards their employees. This duty exists regardless of the nature of your job or whether you have a fixed or temporary contract with your employer. In legal terms, your employer is required to put certain measures in place to protect you from any illness or injury.
These measures include things such as providing you with proper training, risk assessments, industry-standard safety equipment, as well as the maintaining of said equipment and conducting regular inspections of the workplace.
Therefore, you may be eligible to claim against your employer if they have failed to adhere to these measures, and you are then injured as a result.
Also, if you are an agency worker and you have suffered an accident at work while you have been in the temporary employment of a company or business, you could also be entitled to claim for compensation against an employer. However, agency workers must be able to provide evidence that the accident occurred through no fault of their own and it happened whilst they were working for that company within the last three years.
Am I eligible to make a factory accident claim?
You could be eligible to make a factory accident claim if you have been injured at work from a variety of reasons. Below are just some of the most common types of factory accidents that happen in the workplace, which lead to injuries.
· Slips, trips or falls due to company negligence
· Dangerous machinery in the workplace
· Non-adherence to health and safety regulations
· Industrial deafness from constant loud noise
· Faulty lifting and manual handling practices due to a lack of training
· Negligence from staff members and co-workers
· Assault at work
· Dangerous practices and procedures in the workplace
· Defective or poorly maintained equipment being used by employees
If you have been injured as a result of one of these accidents, you may be eligible to claim for compensation. Please get in touch with our specialist accident at work solicitors at Wildwood Legal to find out more.
Factory Accident Claims: Claiming for industrial accidents
In order to claim factory injuries compensation, you must be able to prove that the injures you sustained in the workplace were caused due to your employers or another colleagues’ negligence.
Therefore, you should gather evidence that could support your claim. Below are just a few pieces of evidence that you may be asked to provide:
· Any witness statements alongside their contact details
· Evidence that you reported the accident to the correct person, whether that being an employer or a person in charge
· Any photos that you have of where the accident occurred and/or photos of the injuries that you sustained
· Any CCTV footage of the accident occurring (if possible)
Factory Accident Claims: What can I claim?
Personal injury claims are made up of two areas; in legal terms, we call these general damages and special damages.
General Damages – This is the amount of compensation you receive for your pain, suffering and loss of amenity, as well as the difficulty you faced as a result of this.
To calculate this amount, we look at previous cases which are similar to yours, together with guidelines that are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses that you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future or the costs of care provided to you.
As well as these forms of compensation, there is also the Industrial Injuries Disablement Benefit (IIDB) which is for individuals that have become disabled because of an injury at work. IIDB is a no-fault scheme paid by the department for work and pensions.
Time limits for making factory accident claims
The law on time limits for factory accident claims for compensation is similar to most other personal injury claims. The general rule is that you have three years from the date of the injury to have either settled your claim or started court proceedings from when the injury occurred at work.
The three-year deadline begins from the date that the accident occurred or from the date on which you realised that your injury was associated with an accident in the workplace.
How much does it cost to make a factory accident claim
We will always be 100% transparent about what our charges are, and if we take on your case, we will almost always do so on a Conditional Fee Agreement (also known as a no win no fee basis).
This agreement means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.
We will never ask you to sign anything until you are completely happy with what it is that we are proposing.
Factory Accident Claims: How can Wildwood Legal assist?
At Wildwood Legal, our core strength is in personal injury claims. We are experienced in helping Claimants make accident at work claims. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
We have acted for people from all walks of life looking to claim; from factory workers to bankers, postmen to plumbers, scaffolders to shop-assistants and everything in between. We have acted for them and recovered compensation which was rightfully theirs.
The law relating to accidents at work is complicated and can be a minefield for the unwary. We will guide you professionally through every step of the journey and make sure that your injury at work claim is presented in the best possible way to ensure maximum possible compensation. We are authorised and regulated by the Solicitors Regulation Authority.
If you are wondering how to start your claim against your employer, get in contact with us either email us email@example.com or call us on 01423 209 046 for specialist legal advice on industrial injury claims.
We are a firm of specialist solicitors registered in England and have registered offices in Harrogate and London.
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