Factory Accident & Factory Injury Compensation Claims.

Depending on the nature of the work which is undertaken at a factory, there are a number of potential ways in which an accident could occur, including:

• Slips, trips, and falls – The majority of non-fatal factory accidents are due to slips and falls, most often caused by liquid spillages which are not cleaned up in a timely manner. Other causes of slips, trips, and falls include uneven surfaces, poor lighting, and obstructions.
• Falls from height – This type of factory accident is the biggest cause of workplace fatalities, according to statistics from HSE. When workers are required to use ladders or platforms, or work on roofs, there is a high risk of an accident occurring if safety protocols are not followed properly. Employers should carry out a risk assessment in line with the Work at Height Regulations 2005 in order to keep employees safe.
• Manual handling – In many factories, workers are required to lift and move heavy objects. When they are not properly trained in the correct way to do so, or are not provided with the appropriate equipment to aid them, in accordance with the Manual Handling Operations Regulations 1992, it can lead to painful back injuries such as slipped discs and muscle strain.
• Being struck by falling objects – Employers should take reasonable measures in order to protect their employees from being struck by falling or flying objects. This could include providing suitable personal protective equipment (PPE) such as hard hats, as well as ensuring objects are stacked and stored properly, for example behind safety netting, and ensuring machinery has guards in place to prevent materials being released at high speed.
• Exposure to dangerous substances – In some factories, employees are required to work with chemicals and substances that could be harmful to health. Employers should follow the Control of Substances Hazardous to Health Regulations 2002 (COSHH) in order to minimise the risk of substance-related incidents occurring. Failure to adhere to COSHH regulations can lead to accidents such as chemical burns or inhalation/ingestion of toxic substances.
• Electric shocks – Under the Electricity at Work Regulations 1989, employers have a duty of care to ensure that they protect their employees from the risk of electric shock. When an employer is negligent it can lead to employees using faulty electrical equipment, using electrical items in a wet environment, or without the correct insulating protection, circuit breakers, earthing, or fuses.
• Operating dangerous machinery – Under the Provision and Use of Work Equipment Regulations 1998 (PUWER) employers must take reasonable steps to minimise the occurrence of machinery-related accidents in factories. Machinery must be suitable for its intended use, and in safe working condition. Employers should provide appropriate training and PPE before employees operate the machinery, and they should ensure that the correct safety mechanisms are in place.

This list is not exhaustive, and if you have been involved in any type of factory-based accident in which you have sustained an injury, you may be entitled to claim compensation. Our personal injury team can offer you a free consultation with no obligation to pursue the case further if you change your mind, so please don’t hesitate to contact us today.

Every employer has a duty of care to ensure that their employees can carry out their job roles in a safe manner, and this is especially important for factory employers due to the dangerous nature of the work which is undertaken in many factories.

There are a number of regulations which employers should adhere to in order to keep their workforce safe, including the Health and Safety at Work Act 1974, Pressure Equipment (Safety) Regulations 2016, and Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) amongst others.

In line with the various health and safety regulations, factory employers have a duty of care to ensure the following:

• Correct training is provided to all employees
• Equipment is kept in a safe working order
• Appropriate safety equipment is provided
• Floors and walkways are kept free from trip hazards
• Spills are cleaned up promptly to prevent slips
• Regular risk assessments are carried out
• Procedures are regularly reviewed and improved
• Appropriate employer’s liability insurance is held

If your employer fails in their duty of care and it results in you sustaining an injury, they could be liable to you for compensation. Your employer is required by law to have adequate employers’ liability in place and in almost all cases the compensation will be settled by their insurers.

If you’ve been injured at work you may be feeling anxious about making a claim against your employer in case your job is at risk. It is understandable that you would feel this way, but rest assured that there are strict laws in place that prevent your employer from dismissing you or treating you any differently if you take legal action against them.

Another worry that some employees have is that their compensation claim will affect the finances of the business and put the company at risk. However, all businesses are required to have employers’ liability insurance, so any legal action will be covered by this insurance policy.

In addition to the responsibilities your employer has towards you, you also have a responsibility within the workplace to ensure that you work in a way which keeps you and your colleagues safe. This could be done in a variety of different ways, including:

• Ensuring your training is up to date by attending regular training sessions as appropriate
• Ensuring you operate the machinery in the correct way as per your training
• Ensuring you use the PPE and other safety equipment as directed
• Ensuring you clean up after yourself to prevent slips and falls occurring
• Ensuring you communicate effectively with your colleagues and employer about any issues
• Ensuring you do not act recklessly or misuse the equipment and machinery

A safe workplace involves all staff and visitors complying with the health and safety protocols at all times. Any breach in compliance could potentially lead to a factory accident, potentially harming yourself or another member of staff.

If you have been involved in a factory accident that was either fully or partly the responsibility of somebody else, you may be entitled to make a compensation claim. If you were owed a duty of care by the other party, i.e. your employer, and a breach in that duty of care caused the accident, we can help you to claim what is owed to you.

Even if your employer was not directly responsible for the accident, you may still be able to make a claim. If it was the actions of another employee which contributed to your factory injury, your employer has vicarious liability and is responsible for their employees’ actions.

In the instance that your accident was caused by defective machinery which was out of the control of your employer, you may be able to claim compensation directly from the manufacturer or supplier of the machinery in question.

If you think you may have grounds for a valid compensation claim we would advise you to get in touch with a reputable solicitor as soon as possible. The limitation period for making a personal injury claim is three years from the date of the accident, or the date that the injury was discovered if these dates are different, so it is important to begin the process as early as possible. If you fail to issue your claim within this three-year window then you may be statute-barred from bringing a claim.

In our experience handling cases of this nature, we typically find that beginning your claim as early as possible means that the details of what happened are fresh in the minds of those involved. Additionally, it is also easier to obtain supporting evidence such as CCTV footage if the legal process is started soon after the incident.