How To Make A Machinery Accident Claim

If faulty or dangerous machinery injured you, you might be eligible to make a machinery accident claim for compensation. However, you would need to show that it was caused by the negligence of their employer.

machinery accident claim

Machinery accident claim guide

Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. This means that they need to take all reasonably practicable steps to ensure your safety in the workplace. This includes making sure that any machinery you work with is safe and well-maintained.

Please contact Legal Expert today to see if you have a valid claim for compensation. An advisor can speak to you about the incident which caused your injuries. If you are eligible to claim compensation, we can provide you with a skilled personal injury lawyer to handle your workplace injury claim.

To get in touch, you can:

  • Call our helpline on 0800 073 8804 to enquire about claiming
  • Contact us online
  • Or type a question for us into the Live Support feature on the left-hand side of your browser.

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Different Types Of Machinery Accidents

There are a number of different kinds of accidents that you could be involved in that relate to machinery. However, it’s important to note that you cannot claim for any accident that happens involving machinery. Instead, your accident must have been caused by the negligence of your employer.

In some cases, a piece of equipment may have been defective because of a fault from the manufacturer. However, there are instances where despite this you could make a claim against your employer for any harm you were caused. For example, they may have failed to check the equipment before it was given to employees to use.

Below are some examples of how a machinery accident could happen. However, if you’ve been injured in a way that we have not mentioned above, please get in touch.

Machinery Crush Accidents

A crushing accident can happen if part of the body is pulled into the machine and crushed in an accident. If the worker is not provided with the correct personal protective equipment (PPE) or if the safety guard on a machine is broken, then a crushing accident could occur and the injured person might be able to claim.

Struck By Moving Equipment

If a piece of moving equipment, such as a forklift truck or the head of a digger, strikes a worker, they could be injured. A forklift truck accident could happen if the person operating the machinery has not been properly trained. Training employees so that they can carry out their roles safely is a part of an employer’s duty of care.

Trapped By Machinery

Heavy plant machinery can crush a worker if it is not handled correctly. For example, heavy farm equipment such as a tractor can roll over and trap a farm worker if driven on an uneven surface. Or, if a piece of heavy machinery is not secured a lorry properly, it can roll off and trap a worker.

Causes Of Machinery Accident Claims

A worker may make a machinery accident claim if their employer acted negligently. The following conditions could cause machinery accidents:

  • A lack of PPE, or PPE that is not fit for purpose or is in a state of disrepair.
  • Lack of training. Employees should receive all of the training they need to do their job safely. If they don’t receive this, they might not know about the hazards with a particular piece of equipment and could be injured as a result.
  • A piece of machinery such as a forklift truck may need regularly scheduled maintenance. If this is missed, then a fault could be overlooked and someone could be injured the next time they use the equipment.
  • A risk assessment should be performed so that any hazards related to using the machine are identified. Employees should be told about these hazards.

If a breach of duty of care has caused an equipment accident in which you were injured, you may be able to make a machinery accident claim. Speak with our advisors for more information.

How Could Machinery Injure You?

A faulty equipment accident could cause the following injuries:

This is not an exhaustive list, and you might have sustained injuries that we’ve not mentioned above. If this is the case, you still might be able to claim.

Get in touch with our team for free legal advice about the process of claiming. If you have a valid case, they could provide you with a solicitor. In addition to this, they can offer you an assessment of how much your claim is worth.

When Could You Make Machine Injury Claims?

Under the following circumstances, you could make a machinery injury claim:

  • Your employer owed you a duty of care. However, your employer acted negligently and breached the duty of care.
  • Consequently, a dangerous machinery accident took place.
  • As a result, the machinery accident injured you.

There are a number of steps you can take to strengthen your machinery accident claim. They include:

  • Seeking medical attention, as this generates medical records of your injuries
  • Collecting witness contact details; they might be able to give a statement at a later date
  • Taking photographs of your injuries. You could also take photos of the machinery that caused the accident to happen
  • Seeking legal advice. For example, our team of advisors are on hand to answer any questions you have

Please call our helpline today, and an advisor can let you know if you are eligible to claim. If you are, they could help you get the claims process started.

Machinery Accident Claims Calculator

If you make a successful workplace injury claim, your compensation package can include the following:

  • General damages which can compensate you for the mental and physical harm the injuries brought.
  • Special damages which can compensate you for the unavoidable out-of-pocket expenses your injuries caused. For example, transportation costs if you could not drive whilst injured.

You can use the compensation table as a machinery accident claim calculator to estimate how much general damages compensation you can claim. Please note, we have not included special damages in the table.

Severity And Type Of InjuryNotes On The InjuryDamages
Moderate Head Injury (i)An injury to the head which causes a moderate to severe intellectual deficit, changes to the person’s personality and which affects speech, sight and other senses.£150,110 to £219,070
Moderate Neck Injury (i) Includes chronic conditions where symptoms may be referred to other parts of the body. It could also include instances where the soft tissue injury affects the back and neck at the same time.£24,990 to £38,490
Serious Shoulder InjuryThis bracket includes various shoulder injuries such as a fracture of the humerus which restricted shoulder movement.£12,770 to £19,200
Clavicle FractureDamages are based on how serious the fracture of the clavicle bone was.£5,150 to £12,240
Moderate To Minor Elbow InjuriesThis bracket includes most types of elbow injuries, such as tennis elbow, simple fractures and lacerations.Up to £12,590
Total DeafnessAt the higher end of the bracket, the case may involve tinnitus and speech deficit. At the lower end, there may be neither of these.£90,750 to £109,650
Burn InjuriesBurn injuries may be treated as more serious than other types. Serious burn injuries will attract significant settlements.Likely to exceed £104,830
Moderate Back Injuries (i)Back injuries in which there was a crush or compression fracture of a lumbar vertebrae. The person faces a substantial risk of developing osteoarthritis.£27,760 to £38,780
Moderate Hip Or Pelvic Injury (i)Significant pelvic or hip injuries. Any permanent disabilities are not major. There should not be a great risk of disability in the future.£26,590 to £39,170
Forearm FracturesWhere the fracture is simple. £6,610 to £19,200

The compensation amounts in the table are based on 16th edition Judicial College guidelines compensation brackets, published in April of 2022. However, if you win your claim, the compensation settlement you receive may differ from what the table suggests.

How Could We Help With Machinery Accident Claims?

Please contact our helpline today to seek legal advice on making a machinery accident claim. An advisor can speak to you in-depth about your faulty or industrial machinery accident.

Moreover, if you have a valid claim, we can provide you with a No Win No Fee solicitor to handle your compensation claim. Our knowledgable solicitors have sound experience handling personal injury claims and can help you claim the compensation you deserve.

The following benefits apply to funding legal representation with a No Win No Fee agreement:

  • There’s nothing to pay your lawyer at the start of the claims process or as it continues.
  • You will pay your success fee from your compensation payout if you’re awarded compensation. Your success fee is charged at a legally capped rate.
  • There’s nothing for you to pay for your solicitors’ services in the event of an unsuccessful claim.

Please contact us today if you would like to see if you could make a machinery accident claim. Our team can offer you free legal advice about claiming compensation. What’s more, if you are eligible to make a claim, we can appoint a solicitor to work on your case.

To get in touch, you can:

  • Call our helpline on 0800 073 8804 to enquire about claiming
  • Contact us online
  • Ask us a question at the Live Support feature on the left-hand side of your screen.

Make A Workplace Or Machinery Accident Claim

We hope the above advice has been helpful. We have included more resources about claiming compensation for an accident at work to help you.

How To Make A Chemical Burn At Work Compensation Claim

£13,500 Compensation For A Crushed Finger Injury

Defective Work Equipment Injury Claims

Reporting of Injuries, Diseases & Dangerous Occurrences Regulations 2013–  This piece of legislation outlines the responsibility of employers to report certain incidents to the Health and Safety Executive (HSE).

A Health and Safety Executive guide to machinery safety

Managing risks when operating agricultural machinery

We appreciate you looking at our guide to making a machinery accident claim. If you have any more questions, please get in touch.

Written by Chelache

Edited by Stocks

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