A Guide to Claiming Factory Accident Injury Compensation

The following article sets out what you need to know about making a factory accident compensation claim.

Introduction

According to the Health and Safety Executive, there were over 3,000 work accidents in the manufacturing industry in 2013/14. These accidents were caused by several different factors. The most common were:

Do I have a factory accident injury claim?

A factory accident injury claim should be possible if you were injured:

  • within the last three years and,
  • another person was to blame.

It may be that, for example, the accident happened more than 3 years ago, or that you were partly at fault. If so, you may still be able to make a claim.

To get a definitive answer, you can speak to one of our experts on 0800 612 7456.

A brief phone consultation will tell you exactly where you stand. You will be under no obligation to start a claim with Quittance.

Alternatively you can try our Online Claim Checker.

What if the injury was diagnosed years after the event?

Typically, the dates of the injury and accident are the same. However, some injuries manifest themselves months or even years after the accident or exposure.

In this case, the clock starts ticking on the date of discovery (the date of diagnosis) of the injury rather than the date of the accident.

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Is my employer to blame?

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

In addition, you should be provided with equipment that allows you to work safely, such as gloves, masks and footwear. Poor-quality or defective PPE is a frequent source of injury and subsequent compensation claims.

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. This is especially relevant if a health and safety issue was reported in advance of the accident happening, and your employer failed to take appropriate action.

What should I do if I have an accident?

After receiving medical treatment for your injury, you should contact a solicitor who is well versed in helping people who have suffered because of factory accidents. Quittance's panel of solicitors have worked with many people who have been hurt in factory accidents, and can advise you on how best to proceed.

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.

See a list of what you can claim for:

Examples of special damages include:

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

Find out what your claim could be worth now

Assessing a claim's value at the outset can be complicated.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

Calculate my injury claim

Caring and sensitive support

Your solicitor will handle your factory accident injury case 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 .

Read more about No win, no fee

How can Quittance help?

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

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 will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s 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 interim compensation payment?

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

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