You might be interested in making a factory accident claim if you have been injured at work as the result of your employer’s negligence. In this guide, we explore your employer’s duty of care and what legislation governs this
We provide examples of evidence you could use to prove employer negligence. We also look at how factory accidents could occur. Also, we discuss how a No Win No Fee solicitor could help you make a compensation claim for an injury at work caused by negligence.
To discuss your potential claim, contact our advisors today by clicking on the banner above or giving us a call.
Choose A Section
- How Could I Make A Factory Accident Claim?
- Accidents That Could Occur In A Factory
- What Can I Do After A Factory Accident?
- Calculating Compensation For A Factory Accident Claim
- Can I Hire A No Win No Fee Lawyer For My Case?
- Extra Resources About Factory Accident Claims
How Could I Make A Factory Accident Claim?
In order to make a factory accident claim, you need to be able to prove that your employer breached the duty of care they owe you according to the Health and Safety at Work etc Act 1974 (HASAWA). This states that employers must take reasonably practical steps to create a safe working environment.
For example, employers could prevent a lifting accident by providing training to their employees on safe lifting techniques. Alternatively, they could make sure that spills are cleaned or signposted in an appropriate timeframe in order to reduce the risk of slips and trips.
Our advisors are on hand to discuss ways your employer may have breached their duty of care. Get in touch today for free legal advice.
Factory Accident Statistics
The Health and Safety Executive (HSE) collects statistics on certain workplace injuries, including those reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
In 2020/21 there were a total of 8713 non-fatal injuries within manufacturing.
Of these:
- 1063 involved contact with moving machinery.
- 1214 involved being struck by a moving, flying or falling object
- 186 involved being struck by a moving vehicle
- 389 involved a strike against a stationary object
- 1739 slips, trips and falls on the same level occurred
Accidents That Could Occur In A Factory
If your employer breached their duty of care you might be able to make a factory accident claim. However, in order to make a compensation claim, you must have been injured in your accident at work.
Factory injuries could occur due to:
- Inadequate training. Your employer must provide you with free training if it is required to carry out your work duties safely. This could include health and safety training. To avoid a lifting accident, for example, your training could include instruction on how to lift objects safely.
- Lack of personal protective equipment (PPE). Any PPE that is required to carry out work duties safely must be provided by your employer. For example, an eye injury could occur when welding without the appropriate goggles.
- Slips, trips and falls. Walkways should be kept free of clutter. For example, trailing wires or boxes left out could cause someone to trip.
To discuss your potential factory accident claim, contact our advisors. They’re on hand to offer you free legal advice.
What Can I Do After A Factory Accident?
In order to file a compensation claim, you must be able to prove your employer’s negligence. There are certain steps you could take following factory injuries that could support your claim.
You could:
- Seek medical attention. Medical notes could be used as evidence, and seeking medical attention gives you the best chance of recovery. If you file for compensation, you may also be invited to an independent medical assessment as part of the process of claiming.
- Note witness details. Not every workplace injury will have witnesses, but if there are any, you could make a note of their details. A legal professional could contact them for a statement at a later date.
- Fill in the accident log book. Any workplace with ten or more employees is required to have an accident log book. You could fill this out with your name, the time and date, and include any relevant details about how the accident happened.
- Seek legal advice. If you want to sue your employer following your injury, expert legal advice could make the process feel less stressful. Furthermore, a solicitor could help you with the process of collecting evidence and advise you on whether you should accept or reject an offer of compensation.
Contact our advisors to discuss what evidence you could use to support your factory accident claim.
Calculating Compensation For A Factory Accident Claim
If you choose to file a factory injury claim, your claim could have two heads: general damages and special damages.
The head of your factory accident claim that covers the pain and suffering caused by your physical injuries, as well as any emotional distress, is called general damages.
Legal professionals can refer to a document called the Judicial College Guidelines (JCG) to help place potential value on your injuries. The JCG lists injuries with their potential compensation brackets. We’ve included a table below with some examples of injuries and their associated potential general damages.
| Injury | Potential Compensation | Notes |
|---|---|---|
| Severe arm injuries | £90,250 to £122,860 | While the arm will not have been amputated, the injured person will be little better off than if it had been |
| Lung disease (c) | £51,420 to £65,710 | Significant worsening lung function with breathing impairments, prolonged frequent coughing and sleep disturbance. Injuries involve limitations on physical activity and employment. |
| Asthma (b) | £24,680 to £40,370 | Chronic asthma with an uncertain prognosis, resulting in the need to use an inhaler from time-to-time with employment restrictions. |
| Moderate neck injuries (ii) | £12,900 to £23,460 | Soft-tissue, wrenching-type injuries and more severe disc lesion resulting in cervical spondylosis, movement limitations, recurring pain, stiffness or discomfort. May include increased vulnerability or need for further surgery. |
| Moderate back injuries (i) | £26,050 to £36,390 | Some less severe residual disability involving a variety of injuries. |
| Serious shoulder injuries | £11,980 to £18,020 | Shoulder dislocation and lower part of the brachial plexus damage, resulting in pain in shoulder, neck and elbow with sensory symptoms in hand and lower arm. |
| Lesser injuries to pelvis and hips (i) | £3,710 to £11,820 | Significant injury but with little or no residual disability. |
| Wrist injuries (b) | £22,990 to £36,770 | Permanent disability of significance but some useful movement remains. |
| Moderate leg injuries (i) | £26,050 to £36,790 | Complicated or multiple fractures and severe crushing injuries. |
| Moderate psychiatric damage | £5,500 to £17,900 | A good prognosis and improvement follows an inability to cope with life and work with an impact on personal relationships. |
You could also claim for costs related to your injuries under special damages. However, in order to claim special damages, you must keep evidence of these costs, such as receipts or invoices to show what you have spent.
Special damages could cover:
- Medical devices. You can claim back the cost of renting or purchasing any medical devices you might need to cope with your injury. For example, you might require a wheelchair until your injury heals.
- Loss of earnings. Even if you are part of a sickness pay scheme or receive statutory sick pay, you might be able to claim back a loss of earnings for time off work due to your injuries.
- Future loss of earnings. Your injury might be severe enough to keep you off work long term.
- Travel costs. Travelling expenses to medical appointments could be covered by special damages.
For an estimate of your factory accident claim damages based on your circumstances, contact our advisors.
Can I Hire A No Win No Fee Lawyer For My Case?
If you would like to claim compensation for your injuries you may find the process easier with a No Win No Fee lawyer. There are a number of advantages to using legal representation to make a claim, including having someone who is well-versed in the legal process advise you each step of the way.
It offers a way to hire a solicitor with minimised financial risk. As part of a No Win No Fee agreement there are no upfront solicitors fees.
Successful claimants will have to pay a legally capped success fee, which your solicitor will deduct from your award. This will ensure that you get the majority of your compensation.
Make A Factory Accident Claim
Our advisors are standing by 24 hours per day, seven days each week to help start your accident at work claim. They provide expert legal advice and could talk you through what evidence you will need to provide to strengthen your claim. They can pass valid claims on to our panel of personal injury solicitors.
To get in touch with us, follow the banner below or use the live chat feature to the bottom of this page.
Extra Resources About Factory Accident Claims
You might find the following links helpful:
- A government guide to statutory sick pay (SSP).
- NHS guide to broken bones.
- Requesting CCTV footage guide from the government.
These additional guides might help you in making a factory accident claim:
- How Long Do Accident At Work Claims Take?
- Examples Of Workplace Accident Compensation Payouts
- Burn Injury At Work Claims
- Employee Rights After An Accident At Work
- Accident At Work Claims When On A Zero Hour Contract
- What Should I Do If I Have A Finger Injury At Work?
- What Influences Settlements For Injury At Work Claims?
- How To Make A Serious Work Injury Claim
- Scarring At Work Claims
Writer Danielle Beasley
Publisher Fern Stein