What Is A Factory Accident And Injury Claim?

Factory accident claims guide

Factory accident claims guide

Do you work in a factory? Has a workplace hazard resulted in you being injured? If so, you could be able to make a factory accident claim. This guide will give you the information you need. Firstly, to help you deduce whether you are eligible to claim. Secondly, how to go about starting one.

Please consider for a moment, that each claim is unique in some way. You may well have questions this guide does not provide answers to. Therefore, we prompt you to call and speak to our claims team to get any additional answers you need. You can request a callback using our contact form. Or contact our team directly on 0161 696 9685.

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What Is A Factory Accident Claim?

What is a factory accident? This would be some form of an incident that resulted in an employee such as yourself being harmed. But can you make a factory accident claim for all accidents? To hold a valid factory accident claim you must be able to show how your employer is at least partially responsible for what occurred.

Your employer must comply with a whole range of laws related to workplace safety. We have listed a few below.

If your employer fails in its compliance, this could directly or indirectly lead to you being harmed. And in such cases, a claim might be possible. Call our team for clarification.

What Types Of Injuries Are Common In Factories?

There are a great many ways that a factory accident could cause you harm. From trivial accidents that cause scrapes and bruises, through to fatal accidents. Below are some examples of incidents that could become the basis of a factory accident claim.

  • Some form of exposure to harmful substances causes lung damage or a burn injury because your employer did not provide you with the correct PPE to do the job safely.
  • A forklift truck crashes into you because the driver is not trained correctly.
  • Falling objects caused head injuries or brain damage because the storage unit was overcrowded.
  • A fall, slip or trip caused soft tissue injuries because walkways were cluttered.
  • Repetitive Strain Injury (RSI) resulted from long hours without breaks.

Speak to our team to find out if a personal injury lawyer can help you claim for similar incidents.

Which Injuries Should Be Reported To The HSE

A piece of legislation known as the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 states that certain injuries that happen in workplaces must be reported. These are known as what is called ”reportable incidents” and can include:

  • All fractures apart from those affecting toes, the thumb and fingers.
  • Loss of limbs (amputation).
  • Any incident that will result in permanent damage to vision.
  • Crush accidents harming the brain or internal organs.
  • Serious scalds and burns that cover more than 10% of the body
  • Asphyxia or head trauma that causes loss of consciousness.
  • Exposure leading to hypothermia or the need for resuscitation or a hospital stay of more than a day.

How Long After An Industrial Accident Can You Claim?

Based on the Limitation Act 1980, we can tell you there is a general time limit of three years to start your factory accident claim. As long as you begin legal proceedings within this time limit, it does not matter how long the resolution takes.

There are exceptions to this time limit. As an example, a person who is a minor will have three years from the date of their 18th birthday to start a claim. Or a litigation friend can be appointed while they are a minor to act on their behalf. Those who have a reduced mental capacity may also use a litigation friend to make the claim on their behalf.

How Long Do Factory Accident Claims Take?

How long it takes to process your factory accident claim, depends on the complexity of the claim. If your employer admits liability and offers an out of court settlement, the claim could be completed quite quickly. If the claim is refuted requiring a court decision, the claim would take longer.

What Are The Different Types Of Compensation?

If your factory accident claim is successful you could claim two types of damages – general or special damages. General damages are paid for harm, trauma and pain of the injury. Such as listed below.

  • The pain and suffering of your symptoms.
  • Shock at the time of the accident.
  • Mental health issues that result.
  • Ongoing impairment.

If you are eligible for general damages you may also be entitled to special damages. Special damages cover financial loss. But you must prove this loss by submitting evidence. These can be past losses or future losses, for reasons as listed below.

  • Lost income.
  • Lowered working capacity.
  • Private medical bills.
  • Ad-hoc expenses.
  • Care costs.

A lawyer would be able to evaluate your personal injury claim and tell you which types of damages might be appropriate.

How Much Could Your Factory Accident Claim Be Worth?

We can’t give you an average factory accident claim payout for personal injury compensation, as each claim, including your own, is different. However, you could try using our personal injury calculator. You can also refer to the table below. The information is taken from the Judicial College guidelines. The same information is used by the legal system when valuing injuries.

InjurySeverityCompensationNotes
Brain DamageModerate (iii)£43,060 to £90,720Injuries which have an impact on memory or concentration. The victim may have reduced working capacity. Epilepsy may also be a problem.
AnkleModestUp to £13,740 For example, less serious, simple fractures. Also soft tissue injuries such as sprains and strains. The level of compensation will be driven by how completely the victim will recover. Also, on whether there are any issues such as scarring.
LegModerate£27,760 to £39,200Moderate leg injuries such as multiple fractures that are complex in nature. These would affect just one leg in general. Compensation will be driven by the kind of treatment needed, and the impact of ongoing problems.
Pelvis & HipsSevere (iii)£39,170 to £52,500A wide range of injuries fall into the bracket. For example, a broken acetabulum will, in turn, lead to a degenerative disorder. This could increase the possibility of the victim requiring a hip replacement in the future. 
ShoulderSevere £19,200 to £48,030 Damage to the brachial plexus. Injuries causing significant neck and arm issues.
NeckSevere (i)In the region of
£148,330
Incomplete paraplegia or permanent spastic quadriparesis. There will be little movement in the neck as a result.
Index FingerLoss of Finger £12,170 to £18,740Total or partial loss of the index finger giving rise to disfigurement and issues with dexterity.
Complex Regional Pain Syndrome (CRPS)(a)£52,500 to £84,010Prognosis will be poor. Also work will be greatly reduced and there will be need to domestic help.
Work-related Upper Limb Disorders(a)£21,910 to £23,130Disability that will require surgery as well as loss of employment.

Discuss Making A Factory Accident Claim With Our Advisors

Would you like to learn more about using a No Win No Fee solicitor to process your accident at work claim? Under a No Win No Fee agreement there are no upfront fees to pay the solicitor for their service. Also, No Win No Fee means you don’t pay your lawyer a fee until the claim is won. If the claim fails, you don’t have to pay your lawyer any fee at all. Should the claim be a success, a small, legally restricted success fee would be due.

If you have additional questions, or would like to know more about the process of making a factory accident claim, please call and speak to one of our claim advisors. They will be able to help you further. You can use the information below to get in touch and learn how to claim and about your rights.

Phone: 0161 696 9685

Request a call-back using our contact form

Related Factory, Warehouse And Forklift Accident Claim Resources

Here are some useful weblinks.

Reporting Accidents And Incidents At Work

Reporting Of Injuries, Diseases and Dangerous Occurrences 

Health And Safety Legislation

Additional Guides

Back Injury At Work Claims Guide

Agency Worker Claims

Slip And Fall Work Accident Claims