Welcome to our guide on how much factory accident compensation you could be eligible for. If you work in a factory, you know all too well how important it is that safety standards are met to protect everyone. If you feel that your employer failed to meet these standards and this caused or contributed to you suffering an injury at work, this guide can help.
Compensation can help deal with the sudden expenses and aggravation after an accident. We start by explaining how it is calculated and what it might cover. After this, we discuss eligibility for starting an accident at work claim and whether you can seek compensation on behalf of someone else.
There are time limits for starting personal injury claims and we detail those, as well as providing a full explanation of the evidence that might help strengthen your case against your employer. We finish by detailing the many advantages of working with a solicitor from our panel under a version of the No Win No Fee agreement. Thus, freeing you from concerns about immediate legal costs to start a claim with the support of a solicitor.
Please read on to learn more or get in touch for a free assessment on the merit of your claim now:
- Call on 0800 408 7826
- Use our live discussion box to start a conversation.
- Fill out our ‘Contact Us‘ form.
Jump To A Part Of The Guide
- How Much Compensation For A Factory Accident Claim?
- Would My Employer Have To Pay For My Compensation?
- Am I Able To Claim For Factory Accident Compensation?
- The Most Common Accidents In Factory Work Accident Claims
- Can I Make A Claim On Behalf Of A Loved One?
- How Do I Start A Factory Injury Claim?
- What Is The Time Limit For Making A Factory Accident Compensation Claim?
- Getting Free Advice On Factory Accident Compensation
- Learn More
How Much Compensation For A Factory Accident Claim?
If your factory accident compensation claim is a success, the award could be made up of two categories called general and special damages. Under general damages, an amount is calculated for the physical pain you endured, as well as any accompanying psychological damage. A figure can also be applied for any permanent disability caused, and how the overall quality of your your life going forward has suffered.
Those who are involved in the calculation process often use medical records that detail your injuries to help value your claim. They will then compare and contrast this evidence with publications like the Judicial College Guidelines (JCG). This provides a list of guideline figures for a variety of injuries based on how severe they are.
The table below illustrates some amounts from the JCG, except for the first line entry. However, it is essential to stress that these sums are only guidelines, not guarantees. Every personal injury claim compensation amount will vary, so it’s best to consult with one of our advisors for a more accurate idea of how much compensation for a factory accident you could be awarded.
Compensation Guidelines
| INJURY | SEVERITY | AWARD GUIDELINES | DEFINITIONS |
|---|---|---|---|
| Several serious injuries and special damages | Severe | Up to £1 million plus | Instances of several forms of severe injury and special damages amounts for lost earnings, case costs and medical bills. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 | Little or no response to environment, double incontinence and need for permanent, full-time care. |
| Severe Leg | (iii) Serious | £47,840 up to £66,920 | Serious comminuted and compound fractures or ligament and joint injuries. |
| Pelvis | (a) Severe (iii) | £47,810 up to £64,070 | A wide range of injuries including acetabulum fractures that lead to degenerative changes. |
| Eyes | (f) Serious | £28,900 up to £48,040 | Serious but incomplete loss of vision in one eye, without significant risk to vision loss in the other. |
| Arm | (c) Less Severe | £23,430 up to £47,810 | Despite a significant disability, a substantial recovery takes place (or is expected to). |
| Back | (b) Moderate (i) | £33,880 up to £47,320 | Covers a variety of injuries including compression and crushed lumbar vertebrae cases. |
| Neck | (b) Moderate (i) | £30,500 up to £46,970 | Dislocations and fractures causing immediate severe symptoms that may give rise to spinal surgery. |
| Hand | (f) Severe Finger Fracture | Up to £44,840 | Examples of where there may be a partial amputation to the hand leaving it awkward and weakened. |
| Ankle | (c) Moderate | £16,770 up to £32,450 | Ligament tears and fractures that create less serious problems with standing on uneven ground or walking up stairs. |
How Can Compensation Help Me After An Injury?
The second component of a successful factory accident claim can be special damages. Under this head of claim, you can be reimbursed for all the financial losses and expenses associated with the injury. It is necessary to put forward documented evidence of any monetary losses you wish to include, such as:
- Any payslips or bank statements indicating damage to your income or ability to earn.
- Receipts or invoices for any private medical care.
- Proof of amounts paid to anyone who provided you with domestic care like shopping, cooking or cleaning.
- Receipts and invoices for work carried out at home to help you deal with a new disability.
- Proof of any additional childcare costs.
- Travel expenses to hospital or physiotherapy.
Using evidence like this, a figure can be calculated for compensation that is much more thorough. Also, predicted expenses can be calculated and included, such as any long-term lost earnings or physiotherapy costs.
Compensation like this could help you pay for treatment, meet bills and get back on your feet. If you’re interested in learning more about how a solicitor from our panel calculates general and special damages, get in touch. Alternatively, an advisor can also talk you through our compensation calculator.
Would My Employer Have To Pay For My Compensation?
All employers in the UK are required by law to take out valid insurance to deal with claims such as these. The Employers Liability Insurance must cover them to at least £5 million and be with a registered insurer. Any successful factory accident compensation claim would be paid from this by the employer’s insurance company.
Am I Able To Claim For Factory Accident Compensation?
At the start of your intention to claim factory accident compensation, you need to clearly establish your eligibility. To do this, there are three questions to ask:
- Did a duty of care apply?
- Did my employer breach it?
- Were my injuries a direct result of this?
In the workplace, the Health and Safety at Work etc Act 1974 (HASAWA) requires all employers to take proportionate and reasonable actions to ensure employee health, safety and welfare as they work. This is the workplace duty of care. A failure to fully implement health and safety measures in their workplace can mean the employer is negligent and liable to compensate any workers who are hurt.
If you think you were injured because of a breach of the standards expected at work, speak to our advisory team. You could move forward with an eligible factory accident compensation claim with the help of a solicitor from our panel.
What Are The Six Pack Regulations?
The ‘Six Pack Regulations’ are half a dozen health and safety regulations that deal with a very broad range of factors affecting workplace environments. This includes the lighting, ventilation, heating, seating, windows, personal protective equipment (PPE), rest areas, escape routes, washing facilities, changing rooms and staff access to clean drinking water. Acting together, these regulations form a detailed framework that ensures your right to work in safety is protected.
To ensure that they fulfil their duty of care, employers need to make sure that they adhere to relevant health and safety regulations. These will vary depending not just on the nature of the work, but the workplace as well.
Speak to an advisor to discuss how much compensation for a factory accident you could claim. As part of your free consultation, they will also assess whether your claim is valid.
The Most Common Accidents In Factory Work Accident Claims
Factories can differ greatly in the type of work that takes place in them. Below we provide some general examples of accidents that might occur based on a failure to comply with the relevant Six Pack Regulations.
Slips, Trips And Falls
Employers need to ensure that the factory environment is as safe for workers as reasonably possible. One way to do this is to carry out regular risk assessments of the factory itself and ensure trip hazards are guarded against.
Example – An employer failed to check that wet floors were cleaned promptly or that hazard signs were displayed clearly. Because of this, an employee slipped on a wet floor and fractured their ankle.
Falls From A Height
Work at heights is something that needs to be fully planned and executed. The Health and Safety Executive (HSE), which regulates safety in British workplaces provides detailed guidance on the correct way for employers to do this.
Example – An employer did not fully plan the repair of a roof in their factory and as a result, an employee fell from unstable scaffolding and suffered severe head injury and spinal damage in the fall.
Manual Handling Injuries
Legislation also outlines how heavy or large items should be handled in the workplace. The Manual Handling Operations Regulations 1992 states that employers need to routinely check the weight and suitability for employees prior to them moving objects.
Example – An employer tears a ligament in their back in a manual handling injury trying to move a box that was not assessed and should instead, have been tackled by two persons.
Being Hit, Trapped Or Crushed By Objects
Employers need to ensure that their factory operates in an orderly manner to prevent employee injuries. This includes ensuring that objects are properly placed onto shelving units and adequate training for all employees. Also, factory equipment should be maintained and serviced to prevent any risk of harm. If an employer allows a chaotic factory environment to exist, the risks of harm to employees might increase.
Example – Poorly stacked items in a recycling plant fell on an employee, crushing their shoulder and arm, causing multiple compound fractures.
Example – A forklift truck was being operated by an untrained member of staff. They collided with another employee and caused them chest injuries and a crushed foot.
Exposure To Dangerous Substances Or Chemicals
Controlled and hazardous chemicals in the workplace are subject to stringent health and safety law as detailed by the Control of Substances Hazardous to Health (COSHH) Regulations 2002.
Example – A factory owner kept chemicals in storage containers that were not fit for the purpose and without correct labelling. An employee suffered exposure to a leaking canister and sustained burns as a result. Furthermore, due to a worn label, the employee did not receive correct care and suffered further harm.
Injury To The Senses
Providing necessary and correct personal protective equipment (PPE) is a key requirement for employers. This might include eyewear (if needed) as well as gloves or rubber-soled footwear.
Example – An employer failed to provide the correct goggles to an employee and as a result they fell from the person’s face. This gave rise to an eye injury from splashed liquids and caused the employee permanent visual damage.
Importantly, your example may differ depending on the exact nature of the work you do in your factory. So if you’re unsure about any aspect of your potential factory accident compensation claim, please speak with us for free, impartial guidance.
Can I Make A Claim On Behalf Of A Loved One?
Minors and those without mental capacity can have a claim initiated for them by a litigation friend. This is a person, usually a family member, who the courts appoint to carry out all the essential tasks of the claim on the injured person’s behalf.
We look how litigation friends can help claim accident at work compensation and time limits for starting your case in a section later on. If you’d like help on understanding the role of a litigation friend in more detail, please connect with our advisory team on the contact choices above.
How Do I Start A Factory Injury Claim?
Gathering evidence is a vital way to lay the foundation of a factory accident compensation claim. With this in mind, it is useful to keep hold of anything you think demonstrates how your employer breached their duty of care to your safety. For example:
- Copies of your medical records that detail the injuries you suffered because of the accident.
- The contact details of others who witnessed the factory accident and will supply a statement to a solicitor (if you appoint one) at a later date.
- Any CCTV footage from the workplace that filmed the incident.
- Photos of your injuries and the cause of the accident.
- The registration number of any faulty equipment or workplace vehicle involved.
- A copy from the accident book.
Expert advice from solicitors on our panel could help you understand what evidence to gather and put forward. It could boost any ultimate compensation awarded if your claim is a success. Call to learn more about how much compensation for a factory accident could be awarded.
What Is The Time Limit For Making A Factory Accident Compensation Claim?
The Limitation Act 1980 sets out a standard three years in which to start a compensation claim for personal injury. This commences from the date of the injury in most cases. Time limits vary for two types of claimants:
- Minors cannot launch a claim themselves until they become 18, after which they have three years to start an independent claim..
- Those without sufficient mental capacity are not subject to a time limit, if and until their mental capacity returns, after which they have three years to start an independent claim.
- As stated, both groups could use a litigation friend to start a claim immediately.
If you’d like further guidance on eligibility, time limits or the role of a litigation friend in your factory accident claim, please reach out to the team.
Getting Free Advice On Factory Accident Compensation
The solicitors on our panel could take up your factory accident compensation claim in a way that doesn’t add to any financial burden now. They offer expert legal services through a version of the No Win No Fee agreement called a Conditional Fee Agreement (CFA). This provides a wealth of advantages to those who would like to work with a solicitor, but are worried about legal costs:
- No upfront solicitors’ fees need to be paid to start work on your factory accident claim.
- As work goes forward, no solicitors’ fees apply.
- Unsuccessful claim outcomes mean you owe nothing to your solicitor for work they completed.
- Claims that settle in your favour require a solicitor’s ‘success fee’.
- You and your solicitor can agree on this percentage prior to work commencing.
- However, success fees are a percentage that is also subject to a lawful limit which guarantees the person claiming benefits first and foremost from a winning claim.
Contact Us
Interested? Getting in touch to discuss your factory accident compensation claim couldn’t be easier. Simply:
- Call on 0800 408 7826
- Use our live discussion box to start a conversation.
- Fill out our ‘Contact Us‘ form.
Learn More
In addition to this article focusing on factory accident compensation claims, these other resources may be useful:
- This guide looks at hand injury claims here.
- Here is a multiple injury compensation calculator.
- Also, further reading after a breach of health and safety at work.
External resources to help:
- This looks at machine safety.
- Check your symptoms here with this handy NHS symptom checker.
- In addition to this, a GOV.UK guide to manufacturing.
In conclusion, thank you for reading this article on how much compensation for a factory accident. Advisors are standing by on the contact options above to help with any other questions or concerns about factory accident claims, so please get in touch.