Factory Accident Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a factory accident, we can help.
If your injuries were caused by your employer or a co-worker, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a work accident compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses. By law, your employer will have insurance to cover the cost of injury claims, and your compensation will be paid out of this policy.
We can help you make a work accident claim on a No Win No Fee basis.
In this article
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, over 10,000 factory workers still reported some level of injury in the most recent 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.
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?
The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.
This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract.
Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.
You should be provided with equipment that allows you to work safely, such as gloves, masks and footwear.
If you are injured whilst working in a factory and your employer failed to provide you with suitable PPE, you may be entitled to claim compensation - even if you are self-employed.
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.
Do I have an injury claim?
It should be possible to make an injury claim if you were injured:
- in the last 3 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 376 1001.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
The amount of money you could claim for your injury will depend on:
- the seriousness 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.
This calculation will factor in 'general damages' and 'special 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- 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.
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 an 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 an injury will depend entirely on your specific circumstances.
Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a factory accident injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Calculate my injury compensation
Calculating how much compensation you can claim for an 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 injury claim could be worth now:
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?
How else can a solicitor help me?
Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.
Your solicitor will work with other specialists to provide caring and sensitive support and 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.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 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 decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
How does no win, no fee work?
No win, no fee removes the risk from making an 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 an injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my 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 injury claim?
If your 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.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and 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
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
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.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
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.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an 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 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
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.