Welcome to our guide on when you could make an accident at work claim after being injured by scrap metal. We detail the eligibility criteria for personal injury claims and how long you have to begin an accident at work claim.
Additionally, we cover the circumstances in which you could sustain such an injury and the jobs that present such a risk. We also state what evidence will be useful when making a claim, the compensation guidelines solicitors use when valuing claims and how No Win No Fee agreements work.
Please continue reading if you want to learn more about making a claim after being injured by scrap metal. Alternatively, you can contact us for legal advice or ask any questions you may have about your claim.
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- A Guide To Scrap Metal Injury At Work Claims
- How Could Scrap Metal Injuries Happen?
- How To Claim If You Were Injured By Scrap Metal At Work
- I Was Injured By Scrap Metal At Work, What Could I Claim?
- Get Advice On Starting A No Win No Fee Claim
Your employer has a legal responsibility to take all reasonably practicable steps to ensure your safety in the workplace under the Health and Safety At Work etc. Act 1974. This generally means ensuring that the workplace and work tasks have been risk assessed to remove or reduce any risks that have the potential to cause injury. Also, employers are required to provide personal protective equipment if needed to do the job safely, and employers must also provide training where necessary.
To make a claim against your employer, you should be able to prove the following:
- They owed you a duty of care when the incident that injured you took place
- They breached this duty
- This breach led to your injuries
Proving all three areas means your employer is likely liable for the harm caused. Call our advisors now for a free personal injury case assessment.
If you have been injured by scrap metal at work, this could occur in several different ways. For example:
- You may be on a construction site, and your employer has failed to provide you with the necessary personal protective equipment. You could stand on a piece of sharp scrap metal that caused a severe laceration.
- A piece of scrap metal could have been left out, obstructing a pathway. You may not notice it and suffer a foot injury after stepping on it or tripping and falling over it.
- Your employer asks you to move heavy scrap metal around the yard, but you have had no manual handling training therefore, you suffer a back injury.
Certain workplaces may have a higher chance of these risks. For example, recycling centres, construction sites, waste management roles, and scrap metal yards would all present a higher risk of being injured by scrap metal than an office for example.
If you have been injured by scrap metal at work, your first priority should be seeking medical treatment so that any injuries you have can be looked at and receive the treatment needed for them to make a full and quick recovery. If your accident was caused by your employer being negligent, you might be thinking of making a personal injury claim. To do this, you will need to provide evidence to prove liability. Evidence can include:
- CCTV footage and photographs of the injuries and site of the accident
- Witness contact information
- Copies of medical records and a diary illustrating your symptoms
Illustrating your employer’s breach of duty will be easier with the presence of evidence. If negligence is demonstrated by such, your employer could be liable for your injuries.
What Is The Injury At Work Claim Time Limit?
In addition to meeting the criteria previously listed, you should adhere to the time limit when making a claim. The Limitation Act 1980 states that generally, you have three years from the date of your accident to start a claim.
There are exceptions to this. If a person was under eighteen at the time, they have three years from their eighteenth birthday to make a claim. If a person lacks the mental capacity to claim, they have three years from the date they regain such, in the event that this happens.
These are applicable if a litigation friend has not already claimed on behalf of the individual.
If your accident at work claim for being injured by scrap metal is successful, you could be awarded up to two types of damages: general and special. General damages cover the pain and suffering you have endured due to the injuries.
The Judicial College Guidelines provide compensation brackets that help legal professionals value injuries in a claim. These figures are shown in the table below; however, they are not guaranteed and should be used as a guide, as your award may vary.
|Brain Damage||Very Severe (a)||There is an ability to follow basic commands but there is little or no response to environment.||£282,010 to £403,990|
|Brain Damage||Moderately Severe (b)||There is a constant need for professional care and the disability is serious.||£219,070 to £282,010|
|Back||Severe (a) (i)||Damage to spinal cord and nerve roots causing severe pain.||£91,090 to £160,980|
|Back||Severe (a) (ii)||Nerve root damage causing loss of sensation.||£74,160 to £88,430|
|Back||Severe (a) (iii)||Disc lesions and fractures. Disabilities remain despite treatment.||£38,780 to £69,730|
|Sight||Total Loss of One Eye (d)||Age, cosmetic damage and psychiatric consequences will be considered.||£54,830 to £65,710|
|Hand||Serious (e)||Injuries causing amputation and rejoining of fingers have reduced the hand to half of its capacity.||£29,000 to £61,910|
|Arm||Serious (b)||Injuries such as serious fractures of one or both forearms have resulted in permanent and substantial disablement.||£39,170 to £59,860|
|Neck||Moderate (b) (i)||This includes fractures and dislocations with immediate symptoms.||£24,990 to £38,490|
|Leg||Less Serious (c) (i)||Fractures resulting in an incomplete recovery or soft tissue injuries.||£17,960 to £27,760|
Why Claim Special Damages?
Special damages are another form of compensation you may be eligible to claim. These cover the monetary losses you have suffered due to your injuries. They aim to restore you back to the financial position you were in before you were injured by scrap metal.
Evidence will be significant in supporting these losses. Examples of such include:
- Public transport tickets to demonstrate travel costs
- Invoices to show the cost of home adaptations
- Payslips to illustrate the loss of earnings
When making a claim after being injured by scrap metal, you may choose to work with a solicitor for a personal injury claim. They may also offer to work on a No Win No Fee basis. A popular kind of this is a Conditional Fee Agreement.
These typically mean that you will not be required to pay for your solicitor’s services if your claim is unsuccessful. In the event that your claim is successful, your solicitor will take a success fee.
This is a proportion of your award that your solicitor will deduct. The Conditional Fee Agreements Order 2013 legally caps the amount they take by a percentage, and the amount they take will usually be agreed upon before you choose to be a part of this arrangement.
If you want to know more about No Win No Fee agreements, please contact our team of advisors for further information. They have access to our panel of experienced solicitors who may choose to offer you this type of agreement.
If you have any questions about claiming after being injured by scrap metal, please don’t hesitate to contact us. You can do so by:
- Calling us on 0161 696 9685
- Contact us through our online form
- Speak to us through our live chat feature
Thank you for reading our guide on when you could claim if you have been injured by scrap metal. If you found our guide useful, please look at more of our information linked below:
- How To Claim Compensation For A Personal Injury In A Pub Or Bar
- Advice On How To Claim If Blame Is Uncertain
- Can You Sue An Employer For An Injury While Still Employed?
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