By Megan Tanner. Last Updated 27th January 2023. Have you suffered an accident in a factory? Did it happen as a result of employer negligence? This guide has been created to help you through the claims process and what you could expect when pursuing compensation.
This guide walks you through claiming for a factory accident and how compensation is valued. We will also address how a No Win No Fee agreement could be beneficial to you.
Our advisors are on hand 24 hours a day, 7 days a week, to offer you free legal advice and answer any of your questions. They may also be able to connect you with a solicitor from our panel to work on your claim.
You can get in touch with us by:
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Factory accident claim guide
Can I Make A Factory Accident Claim?
A factory accident claim would be classed as a kind of personal injury claim. If you were involved in an accident in a factory that was caused by employer negligence, you could make a personal injury claim. In order to determine whether the accident was due to employer negligence, you would need to prove that they breached the duty of care that they owed you.
To form the basis of a successful claim, you must be able to prove that:
- You were owed a duty of care,
- This duty was breached
- You suffered harm as a result of this breach
Personal injury claims generally have a time limit of 3 years as set out by the Limitation Act 1980. The time limit would begin from the date of the injury or the date you gained the knowledge that negligence led to your injuries. However, there are exceptions to this rule.
For any additional information on the time limits and the exceptions, contact our advisors. They are available 24/7 and happy to answer any questions you may have.
Factory Accident Statistics
The Health and Safety Executive (HSE) records and publishes the health and safety at work statistics for Great Britain, including reports made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) and the Labour Force Survey (LFS).
According to their statistics, within the manufacturing industry, there were 3,464 non-fatal accidents in 2020/21. Of these, the most common accident type was slips, trips and falls with 944 accidents reported in this time frame.
How Much Could I Get For A Factory Accident Claim?
The Judicial College produces guidelines outlining the different compensation brackets you could potentially receive based on previously settled claims. Many different factors determine how much compensation you could be awarded, including the severity of the injury, how long you have suffered, and the effects the injury has had on your day-to-day life.
These guidelines could be used as a reference point when valuing your claim. However, it’s important to remember that these aren’t guaranteed, and the amount of compensation you might receive could differ.
| Types of Injuries | Description: | How Much? |
|---|---|---|
| Brain Damage: Moderate (ii) | This bracket includes injuries that cause a moderate intellectual deficit. As well as the ability of work has been reduced if not removed entirely. | £90,720 to £150,110 |
| Leg Injuries: Amputations (iv) | One leg is amputated below the knee. | £97,980 to £132,990 |
| Back Injuries: Severe (ii) | Nerve root damage, loss of sensation, impaired mobility and impaired function of the bowels and bladder. | £74,160 to £88,430 |
| Hand Injuries: Serious | About 50 percent of the hand capacity will have been lost. | £29,000 to £61,910 |
| Neck Injuries: Severe (iii) | Fractures or dislocations or damage to the soft tissue leading to chronic conditions and a significant disability that is permanent. | £45,470 to £55,990 |
| Wrist Injuries | A significant permanent disability but some useful movement has remained. | £24,500 to £39,170 |
| Arm Injuries: Less Severe | Significant disabilities but a substantial degree of recovery will have taken place or will be expected. | £19,200 to £39,170 |
| Shoulder Injuries: Serious | Injuries including the dislocation of the shoulder or damage to the brachial plexus. Leading to weakness of grip, pain in the shoulder and/or arm and development of sensory symptoms in the forearm | £12,770 to £19,200 |
| Digestive System: Resulting from Traumatic Injury (iii) | Penetrating stab wound or industrial laceration. | £6,610 to £12,590 |
| Chest Injuries | Rib fractures or soft tissue injuries that cause serious pain and disability. | Up to £3,950 |
If your claim succeeds, the pain and suffering injuries caused by your injuries will be compensated in the general damages head of your claim. This is done by taking into account the severity of the harm you sustained and the impact it may have on your quality of life. You may also be assessed by an independent medical professional, who will then report their findings.
On the other hand, special damages cover any additional financial expenses you may have incurred due to the injury. These include both current and future losses, provided that you have evidence. For example, you could use receipts to show any expenses from things such as prescriptions or mobility aids that you may need due to your injuries.
Types of financial losses that could be compensated under special damages include:
- Travel expenses
- Prescriptions
- Special equipment, e.g. mobility aids
- Loss of wages
- Childcare costs
If you have any further questions, don’t hesitate to contact our advisors today.
Examples Of Accidents That Happen In Factories
The Health and Safety At Work etc. Act 1974 (HASAWA) is one of the most prominent pieces of legislation that outlines the health and safety regulations for the workplace. It also outlines the duty of care that employers have to their employees. This means that they need to take all reasonable measures to ensure an employee’s safety.
Below, we have included some examples of how workplace accidents could occur due to employer negligence:
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- Poor housekeeping: If there are no clear walkways or the walkways are obstructed by a forklift or debris, this could lead to a trip or fall. As a result, employees could sustain broken bones.
- Inadequate Personal Protective Equipment (PPE): If you need to use a high visibility jacket to perform your role, and the jacket you are wearing is several sizes too big – for example, giving a XXXL to someone that is a M – it could catch on boxes and pallets. This could lead to objects falling on top of them, causing a head injury.
- Lack of training: Your employer needs to provide you with the training to do your job safely for free. If they fail to do so, you could be injured. For example, if you’re not trained on proper manual handling techniques, you could strain your back or neck.
These are not the only ways you could be injured. If your employer’s breach of duty of care has led to an injury, you may be able to claim; speak with an advisor for more information.
Evidence For Factory Injury Claims
When you are making a claim, you would need to make sure that you have sufficient evidence to strengthen your claim.
There are different forms of evidence you could gather, including:
- Photos of the accident site
- Photos of the injury
- Contact details of witnesses
- CCTV footage of the accident
- Written record of the accident from the accident book
If you are injured, it is important to seek medical attention. Every workplace should have a qualified first aider; it is their role to assess the injury and offer the appropriate care. However, you may need to seek medical attention from a hospital, doctors’ surgery, or a walk-in centre in some cases.
It can also be helpful to get legal advice. This can clear any doubt or fears you may have when claiming. It can also help you understand the legal requirements you may have to go through, and the guidance of a solicitor could be valuable in making a claim.
For further advice on a factory accident claim, our advisors are happy to help. They are available 24 hours a day, 7 days a week.
Can I Appoint A No Win No Fee Solicitor For Factory Accident Claims?
If you are making a personal injury claim after being injured in a factory accident, you might want to consider being legally represented. Our panel of solicitors could help you with your particular claim. They have years of knowledge and experience handling various factory accident claims. Additionally, they could offer to represent you with a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement.
A No Win No Fee agreement is a way of funding the work of a solicitor. Some of the benefits of claiming with this agreement are:
- Not having to pay any upfront fees to your solicitor.
- Not having to pay any ongoing fees during the process of your claim.
- If the claim fails, you are not expected to pay your solicitor for their services.
- If the claim succeeds, you will pay your solicitor a success fee. A success fee is a legally capped percentage taken from your compensation.
Contact our advisors today if you have any questions about claiming compensation for accidents in factories with a No Win No Fee solicitor. Our advisors could also offer you free legal advice regarding your claim. If they believe that you may be eligible for compensation, they could connect you with a solicitor from our panel.
If you want more information on claiming for a factory accident, then don’t hesitate to get in touch with us by:
- Calling the number at the top of the page
- Using our live chat feature at the bottom of this screen
- Contact us through our website
Further Information About Factory Accident Claims
Here are some additional resources, with further information:
The HSE has guidance on how to report an accident at work
The government website has guidance on Statutory Sick Pay (SSP)
The NHS has information on when to go to A&E
For any further information concerning a factory accident claim, please feel free to get in touch.
Writer Lizzie Wynn
Publisher Fern Summers
