Factory Accident Claims – The Essential Guide
By Daniel Flint. Last Updated 7th October 2021. Welcome to our guide on factory accident claims. If you work in a manufacturing environment, and you are injured due to an accident that occurs in the workplace, you may be entitled to make a factory accident claim for compensation.
Employers across England and Wales are expected to maintain certain standards in health and safety. For some types of businesses, such as those in the manufacturing sector, additional safety regulations are applicable, any time an employee is injured in a work-related accident in a factory, and it is due to non-compliance with Health and Safety Regulations for the Manufacturing Industry, a valid compensation claim will surely exist.
If by the end of this factory accident claims guide, you’d like to know more about the process of claiming for a factory injury, or if you would like to get started with your claim on a No Win No Fee basis, you can call us on 0800 073 8804 and we’ll be happy to answer any questions you have regarding how to claim.
Select a section:
- A guide to factory accident claims.
- The most common types of accident that occur in a factory.
- The most common types of injuries sustained in factory accidents.
- How do factory accidents happen?
- Is the employer always to blame after a factory accident?
- How to make a claim for a factory accident.
- What Can Be Claimed for After a Factory Accident?
- How are factory accident claims worth in compensation?
- No win no fee factory accident claims.
- Why choose us as your claims service for a factory accident claim?
- Call now for free advice on factory accident claims
Suppose you are unfortunate enough to be involved in an accident at work, and your job is carried out in a manufacturing environment. In that case, you will likely be interested in pursuing a factory accident compensation claim on a No Win No Fee basis.
Starting factory accident claims does not need to be a complicated procedure. We have published this short guide to assist you, which will provide you with all the background you will need to decide whether you have a valid claim and what you need to do next.
This guide covers the most common types of accidents that occur in a factory and the most common types of injuries these accidents cause. It will then walk you through preparing to make your factory accident claim and give a general indication of the amount of factory injury compensation you might receive for a range of injuries.
Once you have read the information on factory accident claims in this guide, you can use the contact information at the bottom of the page to get in touch with us, so that we can help you put your manufacturing accident compensation claim forward on a No Win No Fee basis.
How do I make a report of an accident at work?
Any accident in the workplace should be reported to your employer and recorded in the accident book. Some injuries should be reported to RIDDOR by your employer. If you need to take time off after the accident, check your contract for details about sick pay.
Although there are very many ways that an injury can happen in a manufacturing environment, statistically, some ways are far more common. Below is an overview of the most often seen types of factory accident or incident that result in injuries and subsequent factory accident claims:
- Musculoskeletal-related accidents – in laymen’s terms, these types of injuries are sprains, muscle damage and other injuries that are caused by overexertion. A typical example of this is some form of back injury caused by incorrectly lifting a heavyweight.
- Movement-related accidents – these are akin to the musculoskeletal accidents outlined above. However, instead of them being caused by overexertion, they are caused by forcing the body to move in ways it is not designed to do. An example of this would be having to reach up to grab a piece of machinery requiring the operator to overstretch themselves.
- Industrial vehicle accidents – in many manufacturing environments, especially those that are heavily automated, vehicular accidents can be a common occurrence. This covers everything from a manually driven forklift truck hitting a worker, to an automated materials trolley or shipping van causing an injury.
- Equipment and machinery accidents – especially relevant in heavy industry-related factories, such as a forge or a car works. If misused or faulty, dangerous machinery can cause some of the most severe industrial injuries.
- Fire – unsurprisingly, fire is a significant risk in many types of factories. A fire can result in a number of severe injuries, not just burns, but also respiratory-related health conditions and long-term scarring.
- Chemical hazards – very similar to a fire risk, chemical exposure can cause chemical burns, poisoning and in the most extreme cases, rapid death. The long-term side effects of chemical exposure are hard to quantify. A person can walk away from a chemically related accident with no visible impact, only for them to become seriously ill sometime later, possibly years into the future.
These are the most common ways that accidents causing an injury in a factory occur. There are obviously many more. if you’d like to know more about what kinds of accidents can be claimed for in factory accident claims, or would like to get your claim started on a No Win No Fee basis, please don’t hesitate to get in touch with our team.
In the section above, we took a look at the most common ways that injuries can happen in a factory. This section will take a look at the actual damages that occur most frequently in a manufacturing environment:
- Burns – burns injuries are a prevalent injury that factory workers are at risk of. Although most burns injuries that happen at work are relatively minor, some can be extremely serious and even life-threatening.
- Again, breaks and fractures are a widespread occurrence; a wide range of industrial accidents can cause broken bones, such as wet floor accidents.
- Spinal and back injuries – a widespread injury, mostly caused by overexertion, such as lifting or moving heavy objects.
- Respiratory problems – most often caused by either the smoke from a fire or exposure to toxic or caustic chemicals.
- Damaged hearing – factories are required under HSE Noise Guidelines to ensure that the factory floor’s decibel level remains below safe levels. If a spike in decibel level occurs, it can cause permanent damage to a person’s hearing. Something to note here is that hearing damage caused by high volume noise does not heal naturally. This kind of damage is always permanent and irreparable.
- Damaged eyesight – either caused by an intrusive object, or by exposure to fire or caustic chemicals.
- Poisoning and toxic shock – caused by exposure to harmful chemicals. This can be a single significant exposure or a repeated minor exposure.
- Amputation – the single most serious injury caused by accidents that involve heavy equipment and manufacturing machinery.
The list above is based on the most common injuries that people sustain whilst working in a factory. There are, of course, very many more injuries that can be covered by factory accident claims.
Accidents happen for a reason. They are not random, they are driven by cause and effect. This is why we have health and safety legislation that seeks to ensure a safe working environment for all. The Health and Safety at Work etc. Act 1974 outlines the duty of care your employer has to you, which includes taking all reasonable steps to ensure your safety while you’re working.
Following even basic HSE guidelines removes many of the causes that can result in a factory accident. Factory accidents happen for several key reasons, including:
- Inadequate health and safety compliance – failure to comply with HSE regulation is the primary reason for factory accidents occurring.
- Badly designed HSE protocols – in this instance, HSE compliance is managed by badly designed operational processes, which expose employees to an increased risk of an accident.
- Poorly maintained machinery and equipment – when corners are cut with maintenance, then equipment malfunction is more likely, which could result in an accident.
- Insufficient staff training – HSE protocols are only as good as the people who are actioning them. Failure to educate staff sufficiently to carry out their HSE duties to sufficient standards will increase the risk of accidents happening.
These four drivers are to blame for most factory accidents that happen, which lead to factory accident claims being made against the factory operator. If it can be shown that your accident occurred because your employer failed in their duty of care to you, then you may have grounds to make a claim on a No Win No Fee basis.
When claiming for an accident in a factory, employer liability has to be proven for a claim to be successful.
In most factory accident claims, there will be a clear-cut route to apportioning blame for the accident happening in the factory, which leads directly back to the employer. This includes things like not providing proper PPE and safety equipment, poor housekeeping and lack of risk assessments. Though in some cases, the blame might be shared with another party.
For example, if an accident happens that was caused by the actual factory building itself, and the building is rented from a third party, the blame may partially be attributed to the building owner. The building owner has their own factory health and safety requirements to meet.
You may worry about the implication of making a claim against your employer, but you needn’t let this stop you from pursuing the compensation you deserve. According to the Employer’s Liability (Compulsory Insurance) Act 1969, your employer must have employer liability insurance in place to cover the cost of any personal injury claims made, so the compensation you receive won’t affect the company’s profit margin. What’s more, if you claim using our No Win No Fee service, you won’t have to worry about any financial implications either.
Fatal Workplace Accident Statistics
Sometimes, the injuries sustained in workplace accidents can result in fatalities. In these cases, a loved one can still make a claim even following the death of the injured party.
HSE statistics tell us how common this occurrence is in Great Britain. In 2020/21, there were 142 cases of workers dying of their injuries. Not all of these took place in factories, however. As you can see from the graph below, the construction and manufacturing industries combine to account for 59 of these instances.
This makes up over a third of the total figure. You can also see some of the other more common industries in which fatal accidents took place over this period.
If you feel you have a valid factory injury claim, you are going to need professional legal guidance and representation. We offer a completely free initial fact-finding session for all types of personal injury claims, including factory accident claims. During which, we will try and understand all of the circumstances of the accident, and the injury it caused.
Once we have all of this information, we will tell you a) whether we think you have a valid compensation claim for a factory accident and b) what we think you should do next.
Most likely, we will offer you a No Win No Fee form of legal representation for your factory injury compensation claim. You will have nothing to pay unless we win your case for you.
The time limits for personal injury claims is three years, but there’s no need to hesitate, and making a claim sooner rather than later could strengthen your case as the details of the accident are fresh in your mind.
If you’d like to know more about factory accident claims and what can be claimed for, read on as our next section will be of interest to you.
There are a number of types of damages that compensation for a factory accident will include, and these are:
- General damages – to compensate you for all of the physical effects of the injury; pain, suffering and mental trauma.
- Special damages – to compensate you for tangible losses, such as loss of earnings, that are not related to the injury’s physical effects. For example, having to cancel a significant event such as a wedding, which caused a financial loss, would come under special damages.
- Ongoing care – to compensate you for the financial overhead of either paying for in-home care or having to spend time in a private care facility.
- Medical costs – to compensate you for any money you have spent paying to have your injury treated, or for therapy and treatment during the recovery stage.
- Travel costs – to compensate you for any money spent making journeys you otherwise you would not have had to, due to the accident or the compensation claim itself.
These are the basic categories of damages that make up factory accident claims. There may be others that apply to your specific case, contact us for more information regarding this and see how we could help you on a No Win No Fee basis.
When it comes to estimating compensation for a factory accident, there is no way to discern how much a particular claim may win in damages, without knowing the specifics of the case. However, the table below can be used as a rough guide.
The figures listed below have been taken from the Judicial College Guidelines (JCG). This legal publication is made up of a list of injuries that can be sustained due to negligence in a variety of scenarios. Legal professionals will consult the JCG as part of the process of calculating an appropriate fee for the injury of the claimant. The sum is awarded to account not only for physical injuries but for psychological trauma as well.
The amount can be affected by things such as the recovery period and how severe the injury was. If your injury does not appear in the table below, there is no need to worry. This is just a small sample from the JCG.
|Toe Injury||Moderate||Up to £7,300||Soft tissue damage, cuts and bruises.|
|Foot Injury||Amputation||£128,750 to £153,200||Both feet.|
|Foot Injury||Minor||Up to £10,450||Soft tissue damage, cuts and bruises.|
|Ankle Injury||Minor||Up to £10,450||Soft tissue damage, cuts and bruises.|
|Leg Injury||Severe||£73,150 to £103,250||Permanent loss of use of one or both legs.|
|Thumb Injury||Minor||£7,350 to £9,575||Soft tissue damage, cuts and bruises.|
|Wrist Injury||Minor||£2,675 to £3,600||Soft tissue damage, cuts and bruises.|
|Hand Injury||Amputation||£107,000 to £153,200||Amputation of one or both hands.|
|Hand Injury||Serious||£11,000 to £22,050||Medium-term loss of use of one or both hands.|
|Hand Injury||Minor||£700 to £3,300||Soft tissue damage, cuts and bruises.|
|Elbow Injury||Minor||Up to £9,575||Soft tissue damage, cuts and bruises.|
|Arm Injury||Serious||£29,800 to £45,500||Long-term loss of use of one or both arms.|
|Shoulder Injury||Severe||£14,600 to £36,500||Permanent restriction of movement in arm or neck.|
|Shoulder Injury||Serious||£9,700 to £14,600||Long-term restriction of movement in arm or neck.|
|Shoulder Injury||Minor||Up to £6,000||Soft tissue damage, cuts and bruises.|
|Neck Injury||Severe||£34,575 to £112,750||Permanent nerve damage, partial paralysis or numbness of the limbs.|
|Neck Injury||Minor||Up to £6,000||Soft tissue damage, cuts and bruises.|
|Back Injury||Severe||£29,475 to £122,350||Incapacitating injury, causing immobility in the long-term.|
|Back Injury||Minor||Up to £9,500||Soft tissue damage, cuts and bruises.|
|Eye Injury||Minor||£3,000 to £6,650||Impaired vision which will heal fully in time.|
|Brain Injury||Very severe||£214,350 to £307,000||Complete loss of life quality, unable to care for oneself, serious degradation of mental capacity.|
|Brain Injury||Minor||£1,675 to £9,700||Minor problems with mental faculties such as memory and cognitive ability.|
|Psychiatric Damage||Severe||£41,675 to £88,000||Requiring long-term therapy, with expected permanent lowering of life quality.|
|Psychiatric Damage||Moderate||£4,450 to £14,500||Requiring ongoing therapy, with reduced life quality in the short-term.|
The actual amount of compensation paid as part of factory accident claims will always be decided on a case by case basis. Please contact us for a more accurate estimate of how much compensation you may be entitled to. What’s more, see how we could help you get the maximum compensation you deserve on a No Win No Fee basis.
If you have a reason to claim compensation for factory injury, you would traditionally need to pay all of the ongoing legal costs whilst your claim is being processed. These costs can mount up quickly.
To help making a compensation claim easier to access for people without the cash on hand to pay legal costs, we offer a No Win No Fee agreement. We will take your claim on, and will not charge you anything to do so. We will represent you and your factory accident claims to the same standard you would receive if you were paying the legal fees from your own pocket. If we win your claim for you, then you will pay us a fee. If we don’t win, then you will owe us nothing.
We manage hundreds of factory injury compensation claims every year. We have the knowledge and expertise to ensure that your claim has the most chance of success and to make sure that you are awarded the most compensation possible.
We treat every client with respect and understand that most people will not fully understand the legal process being followed to pursue their claim. Therefore, we always aim to explain what we are doing on your behalf and what we are aiming to achieve in simple terms.
If you’d like to speak to one of our friendly and helpful advisers about factory accident claims, you can get in touch with us today.
Factory accident claims FAQs
How long after an incident can you make a claim?
Personal injury claims, including factory accident claims, have time limits of 3 years, valid from the date of the accident or the date that you realised you were affected as a result of it. Exceptions apply to those underage or requiring a litigation friend to claim on their behalf, however.
Can I make a claim for an accident at work?
Providing that your employer failed to uphold their duty of care to you and you suffered an accident as a result, you could be able to make a claim.
If you are ready to take the next step towards claiming compensation for an injury you have sustained whilst working in a factory, you should contact us today.
You can telephone us on 0800 073 8804, or use the webchat on this site to speak to us instantly. Or if you would prefer, you can use the contact form to send us your details, and we will arrange a free initial consultation session at a convenient time for you.
Contact us today about your factory accident claims, so that we can begin helping you to claim the compensation you are entitled to on a No Win No Fee basis.
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