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Factory Accident Claim

Working in a factory, with its whirring conveyer belts and clunking machines, is undoubtedly a hive of activity. However, it's crucial to recognise the potential dangers and the frequency of factory accidents.

The manufacturing sector sees over 3,000 injuries and 9 fatalities annually. In the year 2022-2023 alone, there were 3,270 reported injuries according to the Health and Safety Executive (HSE).

If you've experienced an injury in a factory accident, this guide will walk you through the process of making a compensation claim.

Am I eligible to make a factory accident compensation claim? 

If you were involved in a factory accident and:

• Your employer neglected your safety and

• You sustained injuries as a result

You may be eligible to claim personal injury compensation.

Your safety at work is a priority, and if proper measures were not taken, seeking compensation is a way to address the impact of the accident on your well-being.

What responsibilities do employers have to factory workers?

Under the 1974 Health and Safety at Work Act (HASWA) employers have a duty to factory workers to provide a safe and healthy workplace. This includes:

• Implementing a safe system of work;

• Ensuring a safe place of work;

• Providing safe equipment, plant, and machinery;

• Ensuring the presence of safe and competent individuals working alongside you;

• Conducting risk assessment and taking steps to eliminate or control these risks;

• Informing workers fully about potential hazards associated with any work process, chemical substance, or activity;

• Providing necessary instruction, training, and supervision;

• Appointing a 'competent person' responsible for health and safety;

• Providing adequate facilities for staff welfare at work.

It is the responsibility of an employer to manage the health and safety in factory settings, and indeed any other workplace. This involves not only identifying and assessing risks but also taking practical measures to safeguard workers and others associated with the business.

For example, in a factory setting, employers must identify hazards associated with each piece of machinery, including moving parts, sharp edges, and electrical components. Once hazards are identified, the employer then needs to assess the level of risk associated with each. For instance, operating heavy machinery without property safety guards may pose a high risk of injury. Based on this risk assessment, the employer must put in place the appropriate control to mitigate risks and ensure workers are properly trained.

What are the common causes of accidents in factories?

Factory accidents are unfortunately quite common in the UK. Workplace accidents in the manufacturing industry, which includes factories, account for a significant portion, making up approximately 20% of all workplace accidents.

Some of the most common causes of factory accidents include:

Manual handling accidents

Manual handling refers to tasks where you use your hands or body to move or support something. This can involve lifting, lowering, pushing, pulling, or carrying objects like boxes, packages, or even things pushed or pulled, such as a roll cage or pallet truck.

Manual handling accidents are common in workers engaged in heavy manual labour or repetitive handling.

Manual handling risks present in factories include:

• Unloading and opening cartons and bags;

• Lifting and carrying metal components;

• Repetitive jobs over a whole work shift;

• Manually moving heavy drums;

• Loading and unloading boxes.

Machine operation accidents

Machine operations accidents can happen when heavy machinery is operated by an individual lacking the knowledge and experience of a trained operator, or because of a lack of safety measures. Common machine operation accidents include:

• Equipment overturning;

• Electrocutions;

• Burns;

• Collisions with other machines;

• Forklift accidents;

• Getting crushed by or caught in moving machinery.

Slips, trips, and falls

Slips, trips, and falls are among the most common workplace injuries in the UK and globally.

In busy environments with high foot traffic, flooring issues can pose serious hazards including:

• Spillages;

• Uneven wear on the floor;

• Uneven ground surfaces.

Falling objects

Falling objects pose a significant risk in factories. Approximately one in six manufacturing workers experience incidents involving falling objects due to:

• Lack of proper safety equipment;

• Objects not being securely fastened;

• Lack of netting or cables to anchor objects to a fixed point;

• Throwing objects from a height.

Over-exertion and fatigue

Fatigue is a frequent cause of accidents and injuries among factory workers. Extended work hours can lead to errors and accidents due to fatigue, particularly in the absence of proper rest breaks.

Accidents in factories can also result from over-exertion.

What injuries can result from factory accidents? 

Factory accidents can cause injuries like:

• Broken or fractured bones;

• Dislocations;

• Spine injury;

• Head injury;

• Lost limbs;

• Burns;

• Loss of hearing or sight;

• Back or neck injury;

• Repetitive strain injury

• Death.

What types of factory accidents can you claim for?

If you've been involved in a factory accident and suffered injuries due to someone else's negligence, you may be eligible to make a personal injury claim.

There is no 'official list' of accidents you can claim for, rather the accident must have been caused by negligence such as an employer's failure to provide training, safety equipment, or follow health and safety procedures. This could include injuries caused by:

• Lifting, lowering, pushing, pulling, moving, or carrying heavy loads without proper training or equipment;

• Machinery due to lack of maintenance or inadequate guarding;

• Wet floors, uneven surfaces, or lack of working signs;

• Forklift trucks;

• Objects falling from shelves or heights due to inadequate stacking or securing;

• Long working hours, lack of rest breaks, or over-exertion.

If you believe your factory accident injury falls into one of these categories and was caused by someone else's negligence, speak to one of our personal injury solicitors to see if you have grounds for a compensation claim.

How much compensation could I get for a factory accident claim?

The amount of compensation you may get for a factory accident claim depends on the type and seriousness of your injury, whether you can go back to work, and any medical costs you've had to pay.

A personal injury solicitor can help you figure out how much you could claim. They'll look at what you've been through because of your accident and review the evidence you provide. This helps determine the impact of your pain, suffering, and income loss. The amount you might get will be based on the specific details of your situation.

What evidence do I need to support a factory accident claim?

To make a successful claim for a factory accident, you and your solicitor need to prove that your employer was negligent. Here are some ways to gather strong evidence:

• Report the accident to your employer right away. They should document the incident in their accident book, noting the time, date, and details. You can (and should) request a copy for your claim.

• Take photos and videos. If possible, take pictures of your injuries and the place where the accident happened. If there's CCTV footage, ask for a copy.

• Seek medical treatment. This could be from A&E for serious injuries, a minor injuries unit, or your GP if symptoms develop gradually.

• Record expenses. Keep track of expenses like physiotherapy, rehabilitation, or counsellling bills. Make sure to cross-reference with your bank statements for further proof.

• Collect witness details. If any colleagues witnessed the accident, ask them if they would be witnesses and note down their contact information if you don't already have it.

This type of evidence will strengthen your case and make it easier to calculate an accurate amount of compensation.

What are the time limits for claiming factory accident compensation?

You typically have three years from the date of your accident to start a factory accident claim. If you only discovered your injuries later, the timeline begins from the date a medical professional diagnosed them.

Individuals under 18 can't claim until they turn 18, and the three-year timeline starts then, running until they turn 21. A parent, guardian, or responsible adult can claim on their behalf.

If someone is too unwell to claim following a factory accident, a family member can initiate the process. In cases where the injured person is incapable of making a claim, you may be able to do so for them.

For fatal accidents, executors or dependents can make a claim within three years after their passing.

Can my employer fire me for making a factory accident claim against them? 

Your employer is not allowed to fire you or take any retaliatory measures against you for filing a compensation claim. Doing so is against the laws of workplace discrimination, as outlined in the Equality Act 2010.

If you experience any unfair treatment, such as harassment, bullying, victimisation, or any other discrimination after filing a factory accident claim, you should report it to your employer straight away. If they fail to address the issue or you are dismissed from your job, you may be able to also file a claim for unfair dismissal or constructive dismissal.

Can I make a factory accident claim if my previous employer no longer exists? 

Even if your previous employer is no longer in business, you have the option to seek compensation from your former employer's insurance company, provided that the insurance company is still operational.

If you're having difficulties finding out this information and need help starting a factory accident claim, our personal injury claim solicitors may be able to help. Get in touch today for a free case assessment and learn more about our no-win, no-fee factory accident claim services.

No win, no fee factory accident claims

Most factory accident claims are managed on a no-win, no-fee basis. This means that you don't have to pay your solicitor unless they successfully help you win your case.

At Lawhive, our network of solicitors can work on a conditional fee basis to help empower you to take action without financial risk.

How to make a factory accident compensation claim

To make a claim follow this step-by-step process:

1. Report your accident to your employer;

2. Seek medical support;

3. Gather evidence;

4. Work with one of our solicitors to build and present a case.

How can Lawhive help

If you've experienced a factory accident and are considering a claim, our factory accident claims solicitors are heart to help. They are committed to doing everything they can to help you get the maximum compensation payout you deserve.

To start your claim, contact us for a free, no-obligation case assessment today.