How Much Could Victims Of Industrial Accidents Claim?

Have you suffered an injury at work due to industrial accidents? Were your injuries caused by your employer’s negligence? In this guide, we will explain what an industrial accident is, who you may claim against and what types of compensation you may be awarded for your injuries. 

Every day at work our employers must keep us as reasonably safe as possible. This is a duty applied to them by law. No workplace is 100% safe but steps and procedures must be put in place so that we can do our jobs safely. When this duty of care is breached, when health and safety laws are not adhered to and this causes an employee to suffer an industrial accident that results in an injury, then the employer could be liable for damages.

industrial accidents

industrial accidents

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What Are Industrial Accidents?

An industrial accident is an accident that happens whilst carrying out your duties at work. For this guide specifically, when we refer to industrial accidents we are looking at factory work and construction. 

Industrial accidents can cause a wide variety of injuries. From malfunctioning machinery that may cause electrocution to faulty scaffolding that causes broken bones or working with hazardous materials that cause industrial illnesses or disease. If you have suffered an injury due to employer negligence then you may be eligible to make a claim.  

All employers owe their employees a duty of care. The Health and Safety at Work etc. Act 1974 (HASAWA) is a piece of legislation that establishes the duty of care that employers have to their employees to ensure that the workplace along with tasks and duties are as safe as can be reasonably expected. If an employer breaches their duty of care, resulting in your injury, you may be eligible to make an industrial accident claim.

Find out if you have a valid industrial accident or an accident at work claim by contacting our advisors today. 

Industrial Injury Statistics

According to the Health and Safety Executive (HSE), employers reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, 2013 (RIDDOR) that there were 51,211 non-fatal injuries in 2020/21 with manufacturing having reported 8,713 injuries. 

Types of Industrial Accidents

There are many types of industrial accidents, injuries and illnesses that can happen in the workplace. However, to make a claim you must prove that an employer failed in their responsibility to keep you safe or that another employee caused your injuries through negligence. Examples of accidents caused by employer negligence can include:

  • Inhaling hazardous substances – If an employer hasn’t provided personal protective equipment (PPE), or incorrect PPE, then you may breathe in toxic fumes which may lead to respiratory problems.
  • Electric Shock – Improper maintenance of equipment to a safe standard may lead to malfunctions causing electric shocks.
  • Falls from a height If hazards like spills aren’t promptly cleaned on stairs this may lead to falling on the stairs resulting in injury.
  • Repetitive Strain InjuriesIf an employer fails to complete a risk assessment and employees who repeat the same tasks are caused upper limb disorders (ULD) because sufficient breaks are not granted the employee could have grounds to make an industrial injury claim. 

For more information on the types of industrial accidents contact our advisors today.

Who Could You Claim Against? 

HASAWA outlines the health and safety regulations for employers to ensure, within their duty of care, that they provide a reasonably safe workplace for their employees. For employers to adhere to health and safety legislation they could implement the following steps:  

  • Providing and maintaining work systems – Making sure tools and equipment are maintained to a safe level. If not, equipment may malfunction such as an emergency stop button, inflicting crushing injuries because the machine didn’t stop.
  • Providing Personal Protective Equipment (PPE) – Free, fit-for-use, PPE must be provided when necessary. If an employer provides no PPE, or inadequate PPE, such as a dented hard hat, they could be found negligent. 
  • Providing sufficient training and supervision – All employees should receive free and relevant training to perform their job safely. For example, inadequate training in the workplace when operating heavy machinery could cause injury to you or other employees.
  • General housekeeping – Walkways should be cleared of hazards such as spills or obstructions like boxes and loose wires, as this could lead to trips and falls that may cause injury.
  • Risk assessments – Employers must conduct regular and thorough risk assessments. Identifying, assessing, controlling, recording and reviewing potential risks in the workplace. If employers fail to perform risk assessments then hazards remain unchecked such as blocked doors during a fire evacuation.  

If you believe your employer has breached their duty of care, contact our advisors for free legal advice.  

Types Of Special Damages And Other Costs You Could Claim For

If your industrial accident claim is successful you will be eligible to claim special damages on top of your general damages. Compensation is calculated using these two heads of claim. Special damages cover the financial costs accrued over the time period associated with your injury, but not the injury itself. Some examples of special damages include:

Your injury may affect your future employability resulting in a change in career and a loss of future earnings. Special damages may provide compensation to cover those losses or potential future losses.  

How Much Could Victims Of Industrial Accidents Claim?

If your industrial accident claim succeeds you will be eligible for compensation. Compensation for an industrial accident claim can be broken down into special and general damages. General damages cover the pain and suffering sustained during your injury. The Judicial College Guidelines (JCG) outline compensation brackets for a variety of injuries at differing levels of severity. The following table show bracket amounts for general damages: 

InjuryCompensationNotes
Asbestos Related Disease (a) £65,710 to £118,150Mesothelioma causing impairment of function and quality of life. Also accompanied by severe pain. May appear in the pleura (lung lining) or peritoneum (abdominal cavity lining).
Asthma (c) £18,020 to £24,680Wheezing and bronchitis, affecting working or social life, likely substantial recovery within a few years of exposure.
Moderate tinnitus and NIHL or moderate to severe tinnitus or NIHL(ii) £13,970 to £27,890Moderate noise-induced hearing loss and tinnitus or moderate to severe tinnitus or just NIHL alone.
Minor Neck Injury (i) £4,080 to £7,410Full recovery happens in a period of over two years. Short-term exacerbation or acceleration of injuries, usually over one to two years.
Severe Back Injury (iii)£36,390 to £65,440Disc fractures or injuries to the soft tissue leading to chronic conditions where, in spite of treatment, disabilities remain like continuing severe discomfort and pain.
Serious Shoulder Injuries(b) £11,980 to £18,020Shoulder dislocation and damage to lower brachial plexus leading to pain in the neck, shoulder, elbow aching, sensory symptoms in hand and forearm causing grip weakness.
Wrist Injuries (c) £11,820 to £22,990Injuries that are less severe resulting in some permanent disability like lasting pain and persistent stiffness.
Less Serious Hand Injury(g) £13,570 to £27,220Severe crush injury causing significant function impairment without future surgery in spite of treatment undergone.
Minor Vibration White Finger£2,810 to £8,110Occasional symptoms in a few fingers with some effect on leisure or work.
Work-Related Upper Limb Disorders(a) £20,560 to £21,700Leading to loss of employment due to bilateral disability.

Contact our advisors today for more information on industrial injuries and how much compensation you could claim

Contact Us To Learn More About Industrial Accidents And Injuries

If you have suffered an industrial accident that caused you an injury or illness through negligence in your workplace you may want to hire a No Win No Fee lawyer for legal counsel. If you sign a No Win No Fee agreement there is no upfront cost to pay your solicitor to begin work on your claim. You will pay no fees to your solicitor if your claim fails. They will take a small, legally-capped percentage of your compensation to pay for their fees if your claim succeeds. 

To make a claim today contact our advisors and they will assess your claim and determine whether to pass it to our panel of No Win No Fee solicitors.

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Related Industrial Accident And Injury Resources

Please see our other articles:

When Could You Claim For A Workplace Accident?

Injuries Caused By Inadequate Training In The Workplace 

A Guide That Answers The Question, I Have Had An Accident At Work What Are My Rights?

Please see below for other helpful links:

SSP – Statutory Sick Pay

HSE – A-Z of guidance by industry 

NHS – When To Call 999

Find out if you are eligible for an industrial accidents claim by contacting our advisors today. 

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Published by AL.