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Factory Accident Claims

Our free guide is to help people understand about factory accidents and what you should do if your thinking about starting a compensation claim.

Any workplace can be dangerous if it is not properly looked after. Factories can be some of the most dangerous, however. The presence of loud noise, fast moving machinery, sharp or hot surfaces and a host of other hazards mean that any employer has to work hard to ensure that their staff are kept safe throughout the work day.

Despite the difficulties of maintaining health and safety in a dangerous environment such as a factory, your employer has a statutory duty of care. This means that they are legally required to think about the hazards that you might face as a result of your job and take steps to ensure that you do not have an accident or, if an accident does happen, that the consequences are as mild as possible. If they have not done any part of this with sufficient care and attention, they are likely to be liable for any accident or injury you suffer (this is the legal term for saying that they were responsible for what happened and that you are entitled to claim compensation from them).

If you have been injured in an accident at a factory, you are very likely to be able to claim compensation. Call us on 0121 565 4317 or use our online claims form to arrange your free, no obligation consultation. Our expert team of personal injury claims solicitors will listen to what has happened to you and make sure that we understand the exact details of your case in order to give you the best possible expert legal advice as to how to progress your factory accident claims.

Common Reasons Why People Make Factory Accidents

Although there are a huge variety of accidents or injuries that can occur in and workplace, there are some that are more likely in a factory or industrial setting. These include:

  • 1. Lifting Injuries
    Back, shoulder and hip injuries are common if you are required to lift heavy objects without correct assistance or without sufficient training. For men, you should not be expected to lift anything above 25kg without assistance, while for women this is reduced to 16kg. These amounts are based on optimal lifting conditions, where the weight is held close to the body and is not lifted too high. If the circumstances make the lift more difficult, these maximums must be adjusted. For the most difficult lifts, these maximums may be reduced to 5kg for men and 3kg for women. In addition, repetitive lifts and twisting movements must be avoided or minimised. If you have suffered a lifting injury at work, you may be entitled to compensation. Factory jobs can often require moving having parts or machinery, and it is essential that your employer provides you with the equipment, training and manpower to do this safely.

  • 2. Slips and Trips
    It is important that your workplace is kept as safe as possible, and one of the easiest and most effective ways to do this is to keep floors clear and things put away. If this is not routinely enforced by your employer and you fall over a trip hazard, you may be entitled to compensation for any injuries you have sustained. Common injuries from a slip or trip include bruises, sprains, strains or even dislocations of the hip of shoulder, but more serious injuries can include spinal problems or concussions.

  • 3. Chemicals
    Contact with chemicals or other noxious substances. Whenever you are working with any kind of hazardous materials, whether chemical, biological or anything else, you should be provided with appropriate equipment and protection. This could include anything from steel toe capped boots when dealing with syringes full of chemicals to respirators and other appropriate PPE when dealing with asbestos or other high-risk materials. If you have come into contact with any substances that have cased you an injury while working in a factory, you may be entitled to claim compensation.

  • 4. Burns
    Many workplaces contain objects that can become hot, including machinery or soldering equipment. Objects that are hot enough to cause injury should be clearly visible as such and protective equipment should be available at all times. Machinery which becomes excessively hot should be behind a protective guard or otherwise kept safe. While mild burns can be merely painful, severe burns can lead to permanent disfigurement and can even be life threatening.

  • 5. Vibration-Related Injuries
    Not all work injuries are as the result of a single accident. Some injuries, such as vibration-related white finger, develop over time. In such cases, expert advice can be vital in demonstrating that your injury is a direct result of something in your workplace and not related to any other activity you may take part in. Our dedicated team are highly experienced in bringing a wide variety of work injury claims and we are best placed to get you the full amount of compensation you deserve.

  • 6. Forklift Injuries
    Many severe forklift injuries are the result of pressure being applied to drivers to work more quickly than is safe and thus overloading the forklift or driving too fast, leading to the machine tipping over. Alternatively, a noisy environment can mean that workers are unable to hear an approaching forklift and are unable to avoid being struck by it. Almost all forklift accidents occur at work and your employer must be able to prove that they had taken every precaution to keep you safe. If you have been involved in a forklift accident, call us on 0121 565 4317 or use our factory accident claims form to discuss your case and find out whether you are able to make an accident at work claim.

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How Much Can I Claim For My Factory Accident?

The amount that you can claim differs depending on a variety of factors. These include the severity of the injury, how much it has affected your life and how it much it has cost you financially. The point of compensation is to try to get you back to where you would have been had you not been injured, so the worse the injury has been, the more compensation you are entitled to.

We will always make sure that we let you know from the start how much compensation we believe you are entitled to, based on the information you tell us. During the negotiations, we will explain the reasoning behind the offer made by the other side and let you know whether we think that it is a reasonable offer. No matter what advice we give you, it is always your decision whether to accept an offer of compensation or not. We will support you through the whole process.

How To Start Factory Accident Claims?

In order to make a factory accident personal injury compensation claim, you first need to sign a no win no fee agreement with us. This allows us to act on your behalf. Once we have this, we will:

  • write to the person who was at fault in your factory accident or injury explaining the claim you are making and giving them a set period of time to respond. This is a legal document which gives them the opportunity to admit that they were at fault for the accident (this is known as accepting liability) or to claim that they were not to blame (denying liability). If they accept liability, all that is left is to decide on the most appropriate level of compensation for your injuries. Quite often the other party (also known as the respondent) will deny liability, at least at first. This isn’t something to worry about. We will gather evidence to support your claim that they were liable for your accident if necessary to put together the most compelling case.

  • Once liability has been agreed, we will carry out negotiations on your behalf to agree the appropriate level of compensation you deserve. This will usually be in accordance with the guidelines set out by the Judicial College, which gives advice as to how much compensation different types of injury would normally attract. We will also make sure that you are fully compensated for any expenses you might have incurred, such as loss of earnings or having to make modifications to your home to facilitate your recovery. Although we will be conducting the negotiations, you will still have total control. We will inform you of every offer the other party make and give you our expert opinion as to whether the offer is a fair one or not. Often, parties make a much lower offer than you are entitled to as their first offer (known as a lowball offer) to see whether you will accept it. With our help, you can be sure that you are getting the full amount that you deserve. Although we will advise you regarding each offer, the decision about whether to accept or refuse will always be your decision and we will never try to pressure you in any way.

  • It is extremely rare that liability and the amount of compensation cannot be agreed between the two parties. If you are unfortunate enough to end up being one of those very rare cases, your case may need to go to court to find an agreement. If this happens, we will be with you throughout the process, making sure that you are fully informed about what is happening and why. The friendly support of our experienced team can make all the difference to how stressful your court appearance might be.

  • Once you have accepted an offer, any no win no fee agreements will be fulfilled and our fees will become due. These will come from the compensation payments, meaning that there will never be a point where you have to struggle to find funds for a specific date.

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What If I Can't Afford To Start My Factory Accident Claim?

Claim justice have an expert team of personal injury claims solicitors who are highly experienced in helping people just like you make a factory accident claim. We understand that the process of making a claim for your factory accident or injury can be deeply stressful and we want to take as much of that worry away from you. This is why we offer our services on a no win no fee basis to the majority of our clients. No win no fee means that you don’t need to worry about finding the money to pay for legal services before beginning your claim. As soon as you have signed a no win no fee agreement with us, we are able to act on your behalf and begin to progress your claim.

Legal fees can be expensive and, if left unchecked, could easily amount to more than the compensation awarded especially for the more complex cases. This is why our no win no fee claims agreements put a cap on our fees at a percentage of your compensation payment. This means that you will not pay a penny in legal fees if we are not able to obtain the compensation you deserve and also that, if we win, you know that you will get the large majority of the compensation that you are awarded. This peace of mind allows you to concentrate on getting better while we deal with the process of making your factory accident claim.

If you are considering making a factory accident claim, call us on 0121 565 4317 or use our claims online now.

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