If you are seeking information about starting a factory accident claim after an accident at work, this guide could be useful to you. Firstly, employers must provide employees with a duty of care. This means reasonable and practical systems must be taken to prevent employees from being injured. If this duty is not fulfilled and leads to you being injured, this constitutes negligence for which you could be eligible to seek personal injury compensation.
How Much Is My Factory Accident Claim Worth In Compensation?
We will explore the duty of care owed by employers in more detail throughout this guide and how an accident in a factory could occur if this is not upheld.
Furthermore, we will discuss the accident at work claims process, including the eligibility criteria to seek compensation, how long you have to start your case and the evidence you can acquire to support your claim.
Additionally, this guide will look at the settlement you could receive for a successful claim.
You can also speak to an advisor from our team who can offer you advice regarding your potential claim. They can assess whether a solicitor from our panel could represent your case on a No Win No Fee basis. To get in touch:
- Call us on 0161 696 9685
- Write to us on our ‘contact us’ page
- Use the live chat function at the bottom of this page
Choose A Section
- How Much Compensation Could You Receive From A Factory Accident Claim?
- When Are You Eligible To Make A Factory Accident Claim?
- Examples Of Accidents Caused By Employer Negligence
- How To Claim For An Accident At Work
- Use Our Panel Of No Win No Fee Accident At Work Solicitors To Claim
- Learn More About Claiming For A Factory Accident Claim
How Much Compensation Could You Receive From A Factory Accident Claim?
The compensation you could be entitled to following a successful factory accident claim may differ depending on the severity of your injuries as well as the impact they have on your life. Generally, though, personal injury claim settlements can be split into two heads of claim.
You could receive a payout consisting of general damages which compensates for any physical or mental pain and suffering that is caused by your injuries. A table of guideline compensation amounts from the Judicial College Guidelines (JCG) has been created below. These can be used by solicitors to help them value your injuries.
However, these compensation amounts should only be used as a guideline. This is because every settlement is different due to the specific circumstances of each case.
Compensation Amounts
Injury | Severity | Compensation Bracket | Details |
---|---|---|---|
Head | Very severe (a) | £282,010 to £403,990 | There will be little to no meaningful response to the environment, little or no language function, double incontinence, and the need for full-time nursing care. |
Leg | Amputation (a) (ii) | £201,490 to £270,100 | The below the knee amputation of both legs. |
Leg | Severe (b) (i) | £96,250 to £135,920 | The most serious of leg injuries other than amputation. This can include fractures that haven't united and require extensive bone grafting. |
Foot | Amputation (a) | £169,400 to £201,490 | The amputation of both feet which includes the loss of the ankle joint. |
Back | Severe (a) (i) | £91,090 to £160,980 | The most serious of back injuries that includes harm to the spinal cord and nerve roots. |
Arm | Severe (a) | £96,160 to £130,930 | Injuries that do not need amputating but are serious enough to leave the affected party barely better off than if an amputation took place. |
Hand | Serious Damage To Both Hands (b) | £55,820 to £84,570 | Injuries cause persisting loss of functionality and cosmetic disabilities. |
Knee | Severe (a) (ii) | £52,120 to £69,730 | A leg fracture that extends to the knee joint causing constant and permanent pain that limits mobility. |
Toe | Serious (d) | £9,600 to £13,740 | Where two or more toes have sustained multiple fractures or been crushed. |
Shoulder | Severe | £19,200 to £48,030 | The injuries involve damage to the brachial plexus. |
Claiming For Special Damages In An Industrial Accident Claim
Special damages could also be included in your settlement if you incur any financial damage due to your injuries. This head of claim could reimburse you for costs such as:
- Loss of earnings
- Home adaptation costs
- Care costs
- Medical expenses
- Travel expenses
You should keep a record of any monetary expenses via receipts, payslips and invoices.
If you would like a personalised estimate of how much compensation you could be awarded after successfully claiming, please speak with our advisors.
When Are You Eligible To Make A Factory Accident Claim?
In order to make a personal injury claim following an accident at work in a factory, you must prove that negligence occurred. This involves an employer breaching the duty of care they owed you and causing you harm as a result. The duty of care they owe is set out in The Health and Safety at Work etc. Act 1974 which states that employers must take all reasonably practicable steps to prevent injuries to employees.
The steps they could take include providing employees with the correct and necessary personal protective equipment (PPE), ensuring they have been given the correct training to carry out tasks, and conducting regular risk assessments, for example.
A failure to do so could lead to an accident at work occurring in a factory. If you are injured as a result, get in touch to find out whether you could make a factory accident claim.
Is There A Time Limit To Claiming Factory Accident Compensation?
When making a personal injury claim following an accident at work, you generally have 3 years to start legal proceedings. This is set out in the Limitation Act 1980, which states the time limit can begin from the date of the accident.
However, there are some exceptions that might apply to this time limitation. To find out whether these apply to your specific case, get in touch on the number above.
Examples Of Accidents Caused By Employer Negligence
Below, we have provided you with some examples of how a factory accident could occur:
- Your employer does not signpost or clear water that has been spilt on the floor despite there being a reasonable enough time to do so. Consequently, you slip and fall and suffer a back injury.
- You were not given the required forklift training but are asked to operate the vehicle anyway. As a result, you lose control of the work vehicle and sustain a severe leg injury.
- Your employer does not provide you with the correct personal protective equipment (PPE), such as steel-toe cap boots. Due to this, you sustain a foot injury after heavy materials fall on you.
- The machinery in a factory is not regularly maintained and is unsafe to use for it’s intended purpose. Your employer is aware of the faults but does not address them. As a result, you experience a traumatic amputation to your arm.
If you would like to find out whether you can make a claim for a factory accident at work, please get in touch with our advisors.
How To Claim For An Accident At Work
When making a factory accident claim, gathering evidence can help prove that you were injured due to employer negligence. You can do this in the following ways:
- Filling out the accident at work book and requesting a copy of the incident report
- Acquiring CCTV footage of the incident
- Seeking medical attention and asking for a copy of your medical records
- Taking pictures of your injuries and the hazard which caused the accident
- Gathering witness contact details to allow statements to be taken at a later date
- Keeping a diary of symptoms, treatments and the impact your injuries have on your life
- Collecting evidence of your financial losses such as receipts, invoices, bank statements or wage slips
A solicitor from our panel can assist you with this process if you are unsure where you can access this evidence. Please do not hesitate to get in contact to find out whether a solicitor from our panel could work your case.
Use Our Panel Of No Win No Fee Accident At Work Solicitors To Claim
You may find it helpful to hire a solicitor when making a factory accident claim. They can use their experience handling claims similar to your own to help you build and present your case.
The accident at work solicitors from our panel could ask you to enter a Conditional Fee Agreement (CFA) which is a type of No Win No Fee agreement. This has many benefits, such as not having to pay for the services your solicitor provides upfront or during your claim. Furthermore, you typically do not have to pay for the services your solicitor provides if your claim is not successful.
That said, you will have to pay your solicitor if your case is successful. Under these circumstances, you will owe a success fee from your compensation. That said, this fee is capped by law, which means you receive the majority of your settlement.
Our advisors can offer you advice on your potential claim 24 hours a day, 7 days a week. If you are entitled to be represented on a No Win No Fee basis, they may set you up with a personal injury solicitor from our panel. To get in touch:
- Call us on 0161 696 9685
- Write to us on our ‘contact us’ page
- Use the live chat function at the bottom of this page
Learn More About Claiming For A Factory Accident Claim
Here are additional guides of ours that you may find useful when looking to make a work injury claim:
- How to get compensation for work-related injuries
- Do I need an accident at work solicitors near me?
- Could I make a workplace injury claim if I am not an employee?
We have also included further reading that might be beneficial:
- NHS- First Aid
- Health and Safety Executive- Employer Responsibilities
- GOV- Statutory Sick Pay
Thank you for reading this guide on how to make a factory accident claim. If you have any more questions, please get in contact with an advisor from our team.
Page by KL
Published by NL