A guide to making a No Win No Fee lathe injury claim
Lathes are used in many workplaces and can be very dangerous if used by someone with inadequate training or not serviced frequently. The risk of accidents at work involving lathes is specifically recognised in legislation, lathes being a clear potential hazard to employees.
Regulation 11 of the Provision and Use of Work Equipment Regulations 1998 confirms the following:
'(1) Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective-
(a) to prevent access to any dangerous part of machinery or to any rotating stock-bar; or
(b) to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone'.
This means that an employer has a duty of care to ensure that his employees are safe whilst using the machinery.
Your employer's responsibility to you
An employer has a responsibility to maintain the lathe and take measures to avoid hazards, including:
- Providing information and training on how to safely operate the machinery
- Having clear and accessible stop controls
- Having suitable guards to enclose dangerous parts of machinery and stock-bars
- Enabling isolation from power source when exposure to dangerous parts is required e.g. maintenance work
Generally, the machine should be well maintained and in good working order. If these standards are not followed and an employee has an accident on the machine, such as getting their hand caught, then the employee may be entitled to make a personal injury claim.
Making a claim for a lathe accident
Legal advice should be sought in the first instance to advise the individual whether they have grounds for a claim.This could include medical records, photographs of the scene and the machine and the names and addresses of any witnesses.
Given the potential severity of lathe accidents, it is likely a Claimant will have received immediate medical attention and the accident will have been reported as appropriate, often in the company's accident book. If either of these did not occur at the time of the accident, the Claimant should undertake them regardless of whether they plan to make a claim.
Likely compensation for lathe injuries
In most cases, compensation is dependent on several factors including the severity of the injury.
Not only can a Claimant receive compensation for the pain and loss of amenity or physical ability they sustained as a result of their accident, they may also be able to claim for other costs, including medical expenses, lost earnings and future loss of earnings if they are unable to return to work.
Quittance's expert panel of solicitors are experienced in dealing with many cases of accidents in the workplace.
If you have been injured in the workplace whilst using faulty or broken machinery, contact Quittance on 0800 612 7456. Quittance's panel of expert solicitors can assist with any questions you may have, on a confidential basis.