Angle grinding injury compensation claims
The following article takes you through everything you should know about making a successful angle grinder accident compensation claim.
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Angle grinders are hand-held devices powered by compressed air or a motor. They are used to cut stone, metal and concrete and for many other tasks including polishing, grinding and removing unwanted fragments of metal and ceramics. As such, angle grinders are encountered in just about any trade from welding to farming and from motor vehicle repairs to emergency rescue.
Every year, there are a number of accidents from using workplace machinery, including angle grinding accidents. Many are serious and some are fatal.
The power, speed and sharpness of the discs inserted into an angle grinder means that accidents can happen in the blink of an eye. Some of the common injuries from angle grinding accidents include:
- lacerations across the head, face and neck
- amputation of the hand or fingers
- eye injuries
- cuts from flying debris
- burn injuries.
This list is by no means exhaustive. Angle grinders are capable of causing many more injuries, including longer term health risks caused by continued exposure to vibration, dust and silica if the angle grinder is used to cut concrete products.
Prevention is better than cure
Often, the problem is not with the machinery itself but in the way that it is used. Many angle grinding accidents occur because the operator has received insufficient training and does not know how to handle the tool with sufficient care. Others occur because the wrong disc is being used or the guard fitted to the angle grinder has been removed.
This is why all employers should train their employees how to use the angle grinder properly and take the proper health and safety precautions in the workplace. The Provision and Use of Work Equipment Regulations 1998 lay down the specific processes an employer must follow to eliminate or reduce the risk of angle grinding accidents.
I have a strong claim - why won't a solicitor take it on?
To make a compensation claim, the accident will need to have:
- caused the injury in question
- happened in the previous 3 years
- occurred as the result of another's actions or negligence
It will need to be proven that the defendant can be held legally accountable for the accident and your injuries resulted from the accident.
It can occasionally be challenging to establish who is to blame for the accident. If you are uncertain who was responsible for the accident, it may still be possible to claim.
Health and Safety
Various pieces of health and safety legislation puts the onus on the employer to ensure that workers are safe from harm in the workplace. An employer will be legally accountable for the angle grinding accident if the employee can show that the employer failed to protect the employee against the risks posed by the machinery.
Consideration must be given to a wide range of issues:
- Did the employee receive proper training in the use of angle grinders?
- Was the angle grinder the best tool for the job, or could a less risky approach have been adopted?
- Was correct disc being used?
- Was the disc chipped or did it show signs of wear
- Was the correct guard fitted?
- Was the work piece suitably supported before the angle grinding commenced?
- Was the employee issued with the proper safety equipment such as goggles or a full-face visor, flame resistant clothing, hard hat and gloves
- Were suitable "hot work" procedures in place to reduce the risks of burn injury from heat and sparks?
If an employer fails in any of these responsibilities, or does not adhere to health and safety legislation, they may be considered to have been negligent. A Claim for compensation may be brought within three years from the date of the angle grinding accident.Back to top
The Courts recognise that an angle grinding accident can have serious and life-altering repercussions. Compensation is commonly awarded for:
- medical treatment and care costs
- anticipated future treatment and care
- other expenses including travel costs and potentially property damage
- loss or reduction of mental or physical capacity
- general pain and suffering
- lost earnings during recovery
- loss of earnings if unable to return to work
Before deciding to make a claim, a solicitor will discuss the circumstances surrounding the accident or illness and will set out your choices. Your solicitor will recognise the need to prioritise your recovery. They will direct the legal process according to the needs of your case.
If you are ready to progress your claim your solicitors will employ considerable experience to fight for your interests and successfully claim for injuries including:
Our solicitors take care of the legal work and negotiation so you can prioritise your recovery.
They offer advice and support in plain English through the claims process and it is not likely that Court action will be required.Back to top
Figures regarding compensation claims refer to the type and seriousness of the injuries sustained.
Recommendations for minimum and maximum figures are made by the Judicial College guidelines for personal injury awards.
Insurers and solicitors adopt the guidelines when putting a settlement offer forward. Courts will also apply them when calculating awards.
In some circumstances accidents or illness can also result in an pre-existing condition or injury getting worse . It may be possible to claim compensation for this too.
Travel expenses, lost earnings and the cost of medical treatment and ongoing care may also be claimed for, and are referred to as special damages.Back to top
No Win, No Fee agreements, or CFAs (Conditional Fee Agreements), are a crucial part of most injury claims.
The CFA explains the service the solicitor provides in addition to a "success fee" to be deducted from the compensation when they win the claim.
Selecting a Quittance injury-specialist solicitor, you will have peace of mind with the knowledge that there is nothing whatsoever to pay at the outset.Back to top
The nationwide panel of Quittance solicitors carry out the legal work for all types of work accident claim, from more minor injury cases to life-changing injuries. Chosen for their track record in winning claims, our lawyers have years of experience.
Click here to meet more of the team.