This guide will explore when you might be eligible to make a factory accident claim. Employers owe employees a duty of care to minimise or remove the risk any known hazards pose to workplace health and safety. A failure to do so could result in someone sustaining harm in a workplace accident. We will explore the duty of care your employer has in more detail throughout this guide.
A guide on making a factory accident claim
Additionally, we will explore when a claim following a workplace accident could be justified.
If you’re unsure on the steps you could take to seek compensation, this guide could help by exploring the work injury claim process. We will look at the evidence you could gather and the benefits of seeking legal advice.
Furthermore, this guide will provide guidance on the settlement you could receive following a successful claim and the different resources often used to help value the compensation you’re awarded.
We’ll also discuss the use of our No Win No Fee service and how it could help you fund legal representation.
- Call us on 0800 073 8805
- Contact us through our website to start your claim
- Talk to one of our advisors through our live chat feature
Choose A Section
- Factory Accident Claim – Could I Receive Compensation?
- Why Is Duty of Care Important When Making A Claim?
- Work Injury Claim Calculator – What Could I Receive?
- Top Tips For Making A Factory Accident Claim
- No Win No Fee Solicitors – How Can They Help?
- Learn More About Making A Factory Accident Claim
Factory Accident Claim – Could I Receive Compensation?
There are various types of factory accidents that could occur. Additionally, there are various injuries you could sustain as a result. Examples of accidents and injuries you could sustain in a factory include:
- Defective equipment: You may have required an arm amputation after being injured while using a faulty piece of machinery.
- Slip, trip or fall hazards: You may have sustained a severe shoulder injury and moderate foot injury after slipping on a wet floor that wasn’t properly signposted.
- Lack of personal protective equipment (PPE): You may have developed occupational dermatitis after working with hazardous chemicals for a long period without necessary PPE, such as gloves.
- Lack of training: You may have been asked to operate a forklift truck without any training. As a result, you sustain a back injury in a forklift accident.
However, it’s important to note that not all accidents that occur at work and cause you harm will not form the basis of a valid claim. To make a factory accident claim, you must prove:
- Your employer owed you a duty of care
- They breached the duty of care they owed you
- You sustained harm, either physically or psychologically, as a result.
To find out whether you’re eligible to make an injury at work claim, get in touch on the number above.
Why Is Duty of Care Important When Making A Claim?
It is the responsibility of every employer to provide a safe working environment. To do this, they must take reasonable steps to reduce or remove the risk of any known hazards. This duty of care is outlined in the Health and Safety at Work etc. Act 1974.
The general duties they have include:
- Carrying out regular risk assessments on the work environment and workplace equipment
- Providing adequate training on health and safety policies as well as on performing work-related activities safely
- Addressing any hazards found in risk assessments
It’s important when making a claim that you prove an employer breached the duty of care they owed you and caused you to sustain harm. We will explore what steps you can take to do this later on in our guide.
However, if you would like to find out whether you’re eligible to make a factory accident claim, please get in touch on the number above.
Accident In The Workplace Statistics
Workplace injuries are relatively common. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 requires employers to report certain incidents and injuries to the Health and Safety Executive (HSE). The HSE use these reports to collate workplace accident statistics.
As such, there were 8,713 non-fatal injuries in the manufacturing industry reported by employers under RIDDOR in 2020/21. The most common kinds of accidents included:
- Slips, trips or falls on the same level with 2,221 non-fatal injuries
- Injured while handling, lifting or carrying with 1,739 non-fatal injuries
- Struck by a moving, flying or falling object with 1,214 non-fatal injuries
- Contact with moving machinery with 1,063 non-fatal injuries.
Work Injury Claim Calculator – What Could I Receive?
You may wish to use an injury at work claim calculator to calculate the value of your potential claim. As an alternative, we have provided a table which we will explain in this section.
After making a successful factory accident claim, you may be awarded a settlement that comprises general and special damages. Each of these heads of claim seeks to compensate you for the ways in which your injuries have affected your life.
General damages consider the pain and suffering caused by the injury you sustained. Factors such as the severity of your injury and how it impacted your quality of life will also be considered when valuing this head of claim.
Additionally, a publication called the Judicial College Guidelines (JCG) may be used by solicitors to help them value general damages. The document contains a list of guideline compensation brackets that correspond to different injuries. We have listed some of these guideline figures in the table below.
Although the figures are based on past court settlements, not all claims are settled in court. As such, you should only use the figures as a guide.
| Injuries | Compensation | Description |
|---|---|---|
| Brain Damage: Very Severe (a) | £282,010 to £403,990 | Cases in this bracket include the person needing full-time nursing care and experiencing several other issues. |
| Brain Damage: Moderate (c) (i) | £150,110 to £219,070 | The person will experience a moderate to severe intellectual deficit along with other issues. |
| Back Injury: Severe (a) (i) | £91,090 to £160,980 | This category would include cases of damage to the spinal cord or nerve roots resulting in serious consequences. |
| Back Injury: Moderate (b) (i) | £27,760 to £38,780 | A wide variety of injuries are considered in this bracket such as a damaged intervertebral disc alongside irritation of the nerve root and reduced mobility. |
| Neck Injury: Severe (a) (i) | In the region of £148,330 | This bracket includes a neck injury that requires the person to wear a collar for 24 hours a day for a long period of time where there is still no or little movement in the neck. |
| Neck Injury: Moderate (b) (i) | £24,990 to £38,490 | This bracket includes serious soft tissue injuries to the neck and back. |
| Hand Injuries (a) | £140,660 to £201,490 | The person will have completely or effectively lost both of their hands. |
| Arm Amputations (a) | £240,790 to £300,000 | The person will have lost both arms. |
| Foot Injury: Severe (d) | £41,970 to £70,030 | Where both heels and feet have been fractured causing considerable pain that's permanent. There is also a substantial restriction on mobility. |
| Foot Injury: Moderate (f) | £13,740 to £24,990 | Metatarsal fractures which are displaced and result in permanent deformity and ongoing symptoms. |
In addition to receiving general damages in your settlement, you may also receive special damages. This head of claim seeks to compensate for the financial losses incurred as a result of your injury. Examples of financial losses might include:
- Care costs
- Medical expenses
- Lost earnings
You should gather any evidence that can support these losses, such as payslips or receipts.
For more information on the compensation you could receive following a successful workplace accident claim, get in touch on the number above.
Top Tips For Making A Factory Accident Claim
There may be several steps you could take to make a factory accident claim. For example, you could:
- Collect evidence: Evidence could include CCTV footage, contact details of any witnesses, pictures of injuries and the accident.
- Seek medical attention: A medically trained professional can provide you with treatment and a diagnosis of your injury. You could use your medical records as evidence to support your claim.
- Seek legal advice: An advisor from our team could give you free legal advice on your potential claim. They may also be able to assign one of our solicitors to represent your claim on a No Win No Fee basis.
For more information on the services our workplace injury solicitors could provide, please see the section below.
No Win No Fee Solicitors – How Can They Help?
Our solicitors offer their services under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
Under a CFA, you can access their services without paying an upfront fee. Additionally, you won’t be required to pay for the services they provide if your claim fails.
If your claim is successful, you will pay a success fee from your compensation. This is taken as a legally capped percentage.
Contact Us For a Free Consultation
For more information about making a factory accident claim, please get in touch with our advisors by:
- Calling us on 0800 073 8805
- Contacting us through our website to start your claim
- Talking to one of our advisors through our live chat feature
Learn More About Making A Factory Accident Claim
Below, we have provided some additional resources that you may find beneficial.
- How long does a work injury claim take?
- How to make a successful work injury claim
- What should I do if I’ve had an accident at work?
- GOV – Statutory sick pay
- NHS – Services near you
- HSE – Examples of reportable incidents
We hope this guide on making a factory accident claim has helped. However, if you have any other questions, please get in touch on the number above.
Writer Lizzie Wolf
Editor Meg Matthews