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Factory Accident Compensation

If you or someone close to you has suffered a personal injury as the result of a factory accident, you may be entitled to make a compensation claim.

Contact The Legal Line on 0800 0328511, or by completing a claim enquiry form online for cost free, confidential accident claim advice from our expert personal injury solicitors.

Factory Accidents
Types of Factory Accident
Factory Accident Prevention
Industrial Diseases
Safety for Factory Workers
Making a Personal Injury Claim
Factory Accident Compensation
Our Specialist Workplace Accident Lawyers
Successful Claims for Accidents in Factories

Factory Accidents

Accidents in factories, or any large industrial or commercial premises, are sadly not uncommon and can often result in serious injuries. Unless they are managed carefully under health and safety guidelines factories can be dangerous places, as machinery and vehicles are often operating in areas where a lot of people are working at the same time.

Employers have a responsibility to carry out risk assessments and then eliminate or reduce the risk of harm to employees as far as is reasonably possible and there are regulations in place that they must adhere to in respect of working practices and work facilities. Some regulations impose strict liability upon the employer for the occurrence of an accident. An example of this is the provision of faulty equipment or tools for the job.

If you suffer an accident in a factory, whether as an employee, contractor or visitor, and you believe that the incident could have been prevented if reasonable care was exercised, you may be entitled to make a compensation claim. You should seek medical attention for any injuries you are suffering from and obtain the advice of a specialist personal injury lawyer at the earliest opportunity.

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Types of Factory Accident

Factories vary in their size, functions and purpose, and factory accidents can occur under a wide range of circumstances, but some common types of factory accident are as follows:

• Accidents involving machinery, tools or equipment
• Accidents involving vehicles (e.g. forklift trucks)
• Fire
• Explosions
• Injuries caused by chemicals
• Injuries in slips, trips and falls
• Crush injuries from falling objects
• Injuries caused by falls from height
• Injuries related to manual handling
• Accidents caused by lack of training (i.e. employees carrying out tasks in the wrong way)
• Injuries due to lack of personal protective equipment
• Simple mistakes made by fellow employees

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Factory Accident Prevention

Some factory accidents are simply that, and could not have been prevented, however in others certain measures could have been taken to avoid them. For example:

• Risk assessments should be carried out before work is undertaken so as to identify any potential hazard and then steps must be taken to eliminate or reduce the risk. If an accident or near miss occurs, there is a legal duty to repeat and review the risk assessment so that again, steps to prevent injury can then be taken.

• Safety features can be present on machinery, such as guards, twin button safety devices or safety cut off facilities, that can help to prevent workers’ limbs coming into contact with or being pulled into moving parts.

• Making sure that pedestrian or vehicle only areas are clearly marked, hazards or restricted areas are signed or cordoned off, and keeping walkways free of obstructions will assist in avoiding falls and vehicle accidents.

• Equipment should be regularly inspected and maintained.

• Floor cleaning regimes need to be properly carried out on a frequent and regular programme.

• Lifting equipment in the form of hoists or other assistance should be made available.

• Appropriate personal protective equipment should be provided.

• Any hazardous substances should be stored, handled and used in accordance with COSHH regulations.

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Industrial Diseases

It is not only factory accidents that can cause injuries to factory employees. They can be harmed by unsafe working conditions in other ways. For example, industrial diseases can develop because of exposure to hazardous substances such as asbestos, toxic chemicals, radiation, smoke or fumes.

Excessive exposure to loud noise can cause industrial deafness, persistent work with vibrating tools can lead to vibration white finger and repeated contact with irritants can cause occupational asthma or dermatitis.

If you are diagnosed with an industrial illness, you should seek legal advice from an experienced lawyer, as there are time limits involved in making a compensation claim and you will need expert advice on how best to pursue your case.

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Safety for Factory Workers

In order to ensure that their employees are sufficiently protected, employers should provide adequate levels of training and instruction so that everyone is able to carry out their work correctly and safely.

All equipment provided should be in good condition, well maintained and suitable for its purpose and the workplace itself should be kept as clean, tidy and safe as possible. Risk assessments should be carried out for each task to identify any risks, taking into account particular risks that may apply to individual employees (for example workers with disabilities).

Ideally any risks identified should be eliminated altogether, but if this is not possible and all other measures to reduce the risk of harm have been exhausted, it may be necessary for the employer to supply personal protective equipment (PPE). Again, this should be provided in a safe, suitable condition and it should be correctly fitted and compliant with the relevant regulations.

It is also important for factory employees to make efforts to ensure their own safety. For example dressing appropriately, making use of any safety equipment provided, taking care whilst working or moving around the premises, following the company rules and regulations and taking the recommended number of rest breaks can all go some way towards the prevention of unnecessary accidents.

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Making a Personal Injury Claim

If you are involved in a factory accident, you should ensure that it is reported and the details recorded in an accident book wherever possible. Try to record as much information as you can about what happened, including the details of any witnesses.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. In every case, medical evidence will also be required.

It is therefore important to seek legal advice from a specialist personal injury lawyer, as they will be able to advise on the best course of action.

It is also useful to keep receipts for any injury related expenses (costs of medication, treatment, care, travel expenses, loss of earnings etc) as it may be possible to recover these as part of your claim.

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Factory Accident Compensation

There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (e.g. an inability to look after your garden, do DIY or go to the gym). The award for loss of amenity can be for a short period after a factory accident or for ever if that is what the medical evidence supports.

The second element, in respect of your losses and expenses, is known as special damages and aims to put you back in a position financially as if the factory accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.

In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.

If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income, pension, services such as DIY, house decoration and gardening and contribution to the household in the form of future losses.

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Our Specialist Workplace Accident Lawyers

Our specialist lawyers are experts in all areas of personal injury and industrial disease and can provide expert claim advice on factory accidents or any other type of work related injury or illness.

We have recovered compensation for many innocent victims of accidents at work and can offer you the benefit of our experience on a cost free basis.

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Successful Claims for Accidents in Factories

Details of some of the many cases we have successfully handled on behalf of people injured in factory accidents can be found below, or in our news and success stories sections.

Missing Machine Guard Causes Workplace Injury
Unsafe System of Work Results in Personal Injury to Employee
Negligence of Employee Costs Employer £1,300 in Compensation
Compensation for Victim’s Family After Fatal Factory Accident
Factory Worker Injured in Accident at Work
Factory Worker’s Hand Trapped by Dangerous Conveyor in Workplace Accident
Substantial Compensation Settlement in Serious Injury Claim
Personal Injury Claim for Press Operator Injured in Factory Accident

• Whilst working, our client needed to access part of a large machine that was being installed. The only ladders available to him were unsuitable for the purpose, as they did not have the safety features necessary for the task and were not of an industrial strength or design. Previous requests had been made that the ladders be upgraded/replaced and additional stepladders provided, but this was not done.

  The feet of the ladder slipped out from underneath our client and he fell, badly injuring his ankle as a result. Because of this accident at work he required an operation and had to take several months off work to recover. He was left with continuing residual problems with his ankle.

  Our lawyers are experts in workplace accident cases, including falls from height and falls from ladders. A compensation claim was pursued against his employer, as they failed to provide suitable equipment or employ sufficient health and safety measures. This was successful and our lawyers recovered £18,000 in damages on behalf of the claimant.

• In the course of his work as a machine setter, our client suffered a personal injury when he was operating a manufacturing machine. He needed to adjust the tracking on the conveyor system to accommodate a larger sized product, but the machine could not be stopped for this purpose. He managed to complete his task, but as he tried to come back out underneath the conveyor belt his arm became caught in the system.

  The claimant’s hand was fractured as a result of this accident at work and he underwent an operation to repair the damage. Unfortunately the bone also healed incorrectly and he did not make a full recovery, so he may require further surgical treatment in the future. During his recovery our client had to take some time off from work and he required assistance with most day to day tasks. He also suffered a loss of earnings and incurred costs for travel to medical appointments.

  Our lawyers are experts in factory accident claims and the injured worker appointed us to handle his compensation claim. Liability was admitted by his employer, but the initial offer of compensation was insufficient and court proceedings were commenced. After some negotiations however, and obtaining further medical evidence, an offer of £10,300 in damages made and this was accepted.

• Our client was a production welder for a car manufacturer and he worked on a production line, checking and repairing parts. One of the robots that makes the parts was defective and there were therefore more than usual in need of repair. A backlog was building up, so the claimant requested that the controller stop putting new parts onto the line or slow down but he refused. The parts became jammed at the end of the line and, as our client attempted to lift one off, it stuck fast and he jarred his neck and shoulder. His shoulder was fractured and there were soft tissue injuries to his neck.

  There had been similar incidents in the past and the job was actually intended for two people, however the claimant had been required to work on his own that day. There were also instructions that the line should be stopped if there was a build up of parts but these were not followed.

  Our lawyers were appointed to assist the injured worker in making a personal injury claim in respect of this factory accident. His employer admitted liability and we negotiated a settlement of £16,000 in compensation. This sum was in respect of the pain and suffering from his personal injury, his loss of earnings and other costs he incurred as a result of the accident.

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