A guide to claiming factory accident compensation

If your life, or the life of a loved one, has been affected by a factory accident we can help.

The purpose of this guide is to help anyone who has suffered a factory accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction

According to the Health and Safety Executive (HSE), manufacturing is one of the most dangerous industries in the UK. Only the agriculture and construction industries have a higher rate of work accident.

Although the total number of manufacturing injuries is trending down year-on-year, 10,000s of factory workers still reported some level of injury in the most recent 2019 HSE survey.

The most common causes of factory accident injuries include:

Whatever the circumstances of your injury, we can help you make a work accident claim.

Do I have a factory accident injury claim?

It should be possible to make a factory accident injury claim if you were injured:

  • in the last three years and;
  • someone else was to blame.

Even if these two points don't apply to you, you may still be able to make a claim.

To find out for sure, speak to a legally trained adviser on 0800 612 7456.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

You can also find out if you have a claim with our Online Claim Checker.

Factory Health and Safety

By law, your employer must ensure that your workplace is safe.

The Health and Safety at Work etc Act 1974 is one of many acts that set out the laws protecting workers' rights.

Anyone who has an accident as a result of the employer's failure to prevent the incident may be entitled to bring a personal injury claim against their employer.

Following health and safety regulations means that an employer must:

  • Provide a safe working environment
  • Provide safe equipment or machinery
  • Ensure safe manual handling procedures
  • Ensure workers receive adequate training and support

All employers are also legally required to hold employer's liability insurance. This insurance covers the cost of claims made by people injured in the workplace.

Reporting factory accidents to the HSE

In addition, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) legislation states that injuries resulting from an accident at work must be reported.

Types of HSE-reportable incidents include:

  • A list of specified injuries to workers
  • Any injury which requires a hospital stay of more than 24 hours
  • Injuries requiring employees to be absent, or unable to perform their normal work duties, for seven consecutive days
  • All injuries to members of the public, or employees who are not on duty, that require hospital treatment and have arisen from an accident on work premises

Is my employer to blame?

All employers have a responsibility to protect their staff from harm.

In UK law, the legal principle of employers' liability means that you can still claim compensation even if your employer wasn't directly responsible for your injuries.

You also have a right to claim factory accident compensation if your injuries arose because your employer:

  • failed to identify a risk
  • failed to act to assess and resolve a risk
  • failed to provide sufficient training
  • failed to provide appropriate personal protective equipment (PPE)

You may also be entitled to claim if another employee or a visitor to the factory caused your injuries.

Factory operator negligence

If your employer has failed to abide by these rules, and you have been involved in a factory accident as a result, it is likely that they are liable for what has happened.

Can I claim for a factory accident if the cause wasn't reported?

If a health and safety issue was reported before an accident happened, and your employer failed to take appropriate action, it is very likely they are responsible for the accident.

You can still claim for an accident in a factory, even if the cause wasn't reported.

As part of their legal obligations, your employer must regularly assess the factory premises for risks. If they have failed to do so, or the risk assessment process was inadequate, they will still be liable for accidents on the factory floor.

What are the regulations?

If you work in a factory, you should be protected by specific health and safety regulations that are referred to as the ‘six pack'.

The six pack encompasses the following:

  • The Management of Health and Safety at Work Regulations
  • The Health and Safety (Display Screen Equipment) Regulations
  • The Manual Handling Regulations
  • The Workplace Health, Safety and Welfare Regulations
  • The Provision and Use of Work Equipment Regulations
  • The Personal Protective Equipment at Work Regulations

The six pack regulations are designed to prevent factory accidents from occurring. These regulations mean that you should be properly trained to perform all tasks, and that all equipment should be in good working order (as well as being subject to regular inspections).

Can I claim for poor-quality PPE or equipment?

You should be provided with equipment that allows you to work safely, such as gloves, masks and footwear.

Poor-quality or defective PPE is strong evidence in support of a workplace injury claim, or work-related illness claim (such as a dermatitis claim).

What to do if you have been injured in a factory accident

If you have been injured while working in a factory, it is likely that you have a right to make a factory accident compensation claim.

If you have any questions regarding your options or the work accident compensation process, call us today, or arrange a callback.

How much compensation can I claim for a factory accident injury?

The amount of money you could claim for your factory accident injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your factory accident injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a factory accident injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious back injury can be £30,000

For a minor arm injury, in isolation, you would typically receive £4,000.

However, if you have a serious back injury and a minor arm injury, you would typically receive £30,000 + a reduced percentage of £4,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries.

Read more about multiple injury claims

What is the average injury compensation for a factory accident injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a factory accident injury will depend entirely on your specific circumstances.

Your factory accident injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

See the injury table above for some examples.

Can I get an interim payment?

Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.

Factory accident injury compensation

Calculating how much compensation you can claim for a factory accident injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your factory accident injury claim could be worth now:

Calculate compensation

How long does a factory injury claim take?

How long it can take to secure compensation for a factory accident can vary considerably.

If liability is accepted by your employer, a claim could be settled in a few weeks. If the employer denies liability, the process might take considerably longer. On average a work accident claim takes between 6 and 9 months. For more information, see:

How long will my claim take?

Will I still be able to claim for a factory accident injury after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

Caring and sensitive support

Your solicitor will handle your factory accident injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

How does no win, no fee work?

No win, no fee removes the risk from making a factory accident injury claim. If you don't win your claim, you won't have to pay your solicitor any legal fees.

Our no win, no fee guarantee

If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a factory accident injury compensation claim.

What do I pay if I win my factory accident injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my factory accident injury claim?

If your factory accident injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. factory accident injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

Read more about making a No win, no fee claim

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Factory accident injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a factory accident injury claim?

In general, you have a time limit of up to 3 years from the date of the factory accident injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your factory accident injury claim becomes 'statute barred'.

Can I claim for a factory accident injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim factory accident injury compensation.

In reality, there are a number of factors that can affect whether a factory accident injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert