Factory Accident Compensation Claims
If you look at dictionary definitions of what a factory is, you will find they generally come up with something along the lines of; “a building where workers manufacture goods using machinery.”
Although factories come in all shapes and sizes, it’s fair to say that the space inside most factories will be fully occupied with machines and workers. In larger enterprises there may even be motorised vehicles, including fork lift trucks, zig-zagging about the factory floor. Factories are a hive of activity.
Common types of factory accident claims
There are numerous ways that factory accident injuries can happen, including;
- Employee injured whilst using dangerous machinery
- Fork Lift truck accident
- Falling objects – from shelving, machinery, cranes etc
- Slipping on a wet floor
- Tripping over an object left in a dangerous place or trailing wires across walkways.
- Employee injured whilst using dangerous machinery
- Fork Lift truck accident
- Falling objects – from shelving, machinery, cranes etc
- Slipping on a wet floor
- Tripping over an object left in a dangerous place or trailing wires across walkways.
Types factory accident injuries
Factory accident injuries are as varied as the types of claim that cause them, for instance;
- Crushing or breaking of bones
- Deep cuts and lacerations
- Back injuries
- Head injuries
- Broken arm
- Broken leg
- Neck injury
- Electrocution
- Chemical burns
When is an Employer to Blame for a Factory Accident?
Employers owe a duty of care to their workers to the extent that they should take all steps to reasonably ensure their employees safety and wellbeing whilst they are at work. This is done by means of proper training, providing adequate safety equipment, carrying out regular risk assessments, regular maintenance of machinery and by following guidelines and rules laid down by parliamentary legislation governing safety in the workplace.
If an employee is injured in a factory accident because the employers have not followed the required statutory (laid down by the government) guidelines or they have otherwise been in breach of the reasonable duty of care that they owe to the employee, then the worker may decide to bring a claim for factory accident injury compensation against the employer.
Even if the injury was caused by the negligence or carelessness of an injured workers’ work colleague, then the employer could be held liable to compensate the injured party. Employers are vicariously liable for the actions of their employees.
This means that an employer can be held responsible for the negligent acts of their employees, provided it can be proved that the incident took place during the course of their employment.
I am Worried about Losing my Job if I Make a Compensation Claim
Your employer is required by law to have employer’s liability insurance. The insurance is required to compensate a employees or ex-employees who have been injured in accidents at work.
So, the employer will not be paying your compensation out of their own pockets. Most employers will understand that it was their fault that the accident happened in the first place.
In any event, an employer would be most unwise to sack one of their workers for making a factory accident compensation claim against them. The likelihood is that the employer would end up facing a second claim from the employee – one for unfair dismissal!
What Compensation Can I Claim for if I’ve Been Injured in a factory accident?
- General Damages – this is ‘lawyer speak’ for compensation for the injuries that you have sustained – for the pain and suffering the injury has caused you.
- Loss of earnings that result from you having to take time of work following the accident and which may be ongoing in the case of more serious injuries.
- The cost of any private medical treatment or therapy that you incur directly as a result of the injury sustained in the accident.
- Ongoing care costs.
- Special damages – anything with a set monetary value that you lose as a result of injuries sustained in the accident eg if you are unable to go away on a pre-booked holiday because your injuries prevent you from doing so.
- Any other losses that you can prove were directly as a result of the accident.
What You Should do After the Accident
- Make sure that the accident is reported to and recorded by your employers, as soon as is reasonably practical,
- Get seen by your GP or if the accident is more serious, visit A&E, as soon as possible,
- At an appropriate time, try and get the details of anyone who witnessed the accident,
- Contact us here at Mooneerams to discuss the circumstances of the factory accident and advise us of the injuries you have sustained. If you are within 2-3 hours driving time of our offices, we will be happy to visit you at your home to discuss further with you and take all your details!
You are entirely free to choose your own solicitor to take on your factory accident claim, for you.
You are under no obligation to use the solicitor being offered to you by your insurance company or a claims management company.
That applies even if you are in a trade union too. Mooneerams solicitors are experts in personal injury claims and are the only purely claimant personal injury solicitors in Wales.
- We don’t act for insurance companies or employers.
- You’ll soon be reassured that you are in good hands.
- Your first call to us or first consultation with us is always free
If you have reasonable grounds for making a claim, we will be able to offer you the benefit of a No Win, No Fee agreement. If we take on your claim using a No Win, No Fee agreement, it means that if you don’t win your case, you’ve no legal fees to pay.
Call Mooneerams now on 029 2048 3615 or contact us.