Factory Accident Claims
Thankfully there are very few factories that resemble the sweat shops of the last century when the concept of health and safety was hardly known by most employees! This does not mean that factory accidents are also a thing of the past.
Factory accident claims do happen but employers are required to take fairly extensive steps to guard against them so if you have suffered an injury whilst working in a factory, it is highly likely that you will be able to claim compensation from your employer’s insurers.
The laws protecting any employee at work are a bit of a minefield for an employer. You must be properly trained, there must have been a risk assessment for virtually every work process you do, work stations and walkways must be kept clear or obstacles and if complaints about work processes or hazards are made, your employer must take notice of these or face the consequences!
The law does allow for differences in the size of an employer so for example, a family owned company with 5 employees is not expected to spend the level of money to safeguard its employees as say, a PLC. The employer’s actions or inactivity must be reasonable and if it wasn’t, they will be criticised and their insurers will have to pay up.
Your employers may have told you an accident in a factory was your own fault. We often find that clients didn’t realise they could claim as they accepted what their employers said. You are responsible for your own health and safety so if you have been careless while at work, this could have an impact in the claim, but is unlikely to mean you can’t claim at all. Usually, where there is an element of carelessness by an employee, this is classed as contributory negligence and has the effect of reducing the amount of compensation you claim but does not prevent your claim entirely.
Please note that the way personal injury claims are funded will change from 01/04/2013.From this date success fees and after the event insurance premiums are no longer recoverable from the Defendant if the claim is successful and are payable by the Claimant from their damages.If you have been injured in an accident and wish to make a claim and do not want to have to pay up to 25% of your damages in success fees please contact us immediately.
Please be aware because of the bank holiday we will not be able to obtain insurance or take claims under the old regime (i.e. where no deductions are made from your damages) after 12pm on 28/03/2013