Factory Accident Claims

If you have been injured due to the negligence of someone else while working in a factory, Graham Coffey & Co. Solicitors can help you to claim the compensation you deserve. Our specialist solicitors are on hand to guide you every step of the way with your factory accident claim.

Our solicitors - based in Manchester city centre - have helped thousands of people who have been injured at work due to negligence on the part of their employer. We understand the long-lasting impact that such an incident can have and will work tirelessly on your case to secure the best possible outcome.

How our factory accident compensation claims solicitors can help you

We have many years of experience in handling factory accident claims. We can guide you through the entire process of making a claim, from the initial free no-obligation consultation to representing you in court should it become necessary.

Just some of the types of compensation claims we have helped our clients with include:

• Defective or poorly maintained machinery caused by inadequate checks and inspection procedures
• Ineffective controls/missing guards on machinery
• Poor access routes causing employees to trip over stored materials, cables and other items
• Slips, trips and falls on spilt oil and chemicals that have been inadequately cleaned
• A lack of suitable personal protective equipment
• Inadequate health and safety training
• Heavy lifting
• Working at height
• Trainees and individuals partaking in the Youth Training Scheme who have not been trained properly
• Falling objects
• Poor ventilation

No matter how your injury was sustained, our team of solicitors will do our utmost to ensure the maximum amount of compensation is secured for you following a factory accident.

Your employer’s responsibility

It is the responsibility of your employer to ensure that you have everything you need to prevent an injury in your workplace. They are required by law to minimise the risks to your wellbeing while carrying out work in a factory.

It is their legal duty of care to:

• Provide health and safety training to protect your health, and that of others working in the factory
• Carry out regular risk assessments to identify areas that pose a threat to employee safety
• Provide suitable personal protective equipment, including hard hats, ear protectors and steel-capped boots

If your employer has failed to provide a safe working environment, and you are injured as a result, you are entitled to claim compensation. A financial reward will help to make up for the pain and suffering your injury has caused, while supporting you during recovery.

Compensation can cover the cost of medical bills, any required rehabilitation and lost earnings brought on by your injury.

Am I eligible to make a factory accident claim?

The matter of eligibility for making a factory accident claim is closely linked with the details of your incident and the degree to which another party's negligence contributed to the accident. Generally speaking, you could be eligible to make a claim if you have sustained an injury or developed an illness due to conditions within a factory setting. This extends to circumstances such as inadequate safety measures, a lack of proper training or supervision, machinery malfunctions, exposure to harmful substances, or improper handling practices.

It is important to note that eligibility for a factory accident claim is not solely limited to full-time factory workers. Part-time employees, contractors, or agency workers also have the right to a safe working environment and can make a claim if they have been injured due to negligence. Even visitors to the factory, who suffer injuries due to negligence or breaches in safety protocols, can make a claim.

What are the time limits for making a factory accident compensation claim?

As a rule, there is a three-year limit from the date of the accident that resulted in a factory injury within which you can initiate a compensation claim. However, there are exceptions to this rule.

In cases where the injuries or the link between your health condition and the factory environment was not immediately apparent, the three-year limit might start from the 'date of knowledge'. This refers to the date when you first became aware, or reasonably should have become aware, of the injury and its correlation with your workplace conditions.

In a rare instance where a child is involved in a factory accident, they will have until the age of 21 to make a claim.

Those who lack mental capacity to bring a claim will not be subject to the time limit, unless they regain mental capacity, at which point the three-year limit will begin.

You should act promptly and seek legal advice as soon as you can after an accident. Starting the legal process early gives you time to gather the necessary evidence, engage in consultations with medical professionals, and compile a robust case within the established time frame.

Will my factory accident claim go to court?

While it is possible that a factory accident claim may need to go to court, the majority of personal injury claims are settled out of court. Typically, going to court becomes necessary when liability is disputed, or a satisfactory settlement cannot be agreed upon.

We always aim to resolve claims efficiently and amicably, often through negotiation or mediation. However, we are fully prepared to represent your case in court, if necessary, to ensure you receive the compensation you deserve. We will guide you through each step of the process, providing you with expert advice and robust representation.

How much compensation can be claimed for factory injuries?

The amount of compensation that can be claimed for factory injuries varies significantly depending on the individual circumstances of the case. Several factors are taken into account when determining the compensation amount, including:

• Severity of the injury: this is a crucial factor in determining the amount of compensation. More severe injuries that have long-term or permanent effects will typically result in higher compensation amounts.
• Loss of earnings: if the injury has resulted in an inability to work, either temporarily or permanently, compensation can be claimed for lost earnings.
• Medical costs: any costs incurred for medical treatment, ongoing care, and rehabilitation can be included in the claim.
• Pain and suffering: compensation can be claimed for the physical pain and emotional distress experienced as a result of the injury.
• Special damages: any additional costs incurred as a direct result of the injury can be claimed. This includes costs for adaptations to your home, travel costs to and from hospital appointments, and costs for any assistance needed at home.

Because each case is unique, it is recommended to seek legal advice to get an accurate estimation of the potential compensation. Our team of experienced solicitors can help evaluate your case and guide you through the compensation process.

Can I make a no win, no fee compensation claim?

We approach all of our personal injury claims with a no win, no fee agreement. This means you will be at minimal financial risk when you decide to make a factory accident compensation claim with Graham Coffey & Co. Solicitors. We will not spring any surprise costs on you as all of our fees will be agreed with you during our initial consultation. Then, should we not be successful in securing your factory accident compensation, we will not expect you to pay our legal fees.

What should I do if I have been injured in a factory accident?

If you have sustained an injury while working in a factory, swift and thorough action can greatly assist your chances of making a successful factory accident claim. It is crucial to collect as much information as possible about the incident while it is still fresh in your mind. This means you should:

• Log the incident in the accident book: all workplaces, including factories, should have an accident book in which all workplace accidents are recorded. Ensure the incident is logged here with a detailed account of what happened. Include the date, time, location, nature of your injuries, and any circumstances that may have contributed to the accident.
• Ask to see CCTV evidence of the event: many factories utilise CCTV for security and safety monitoring. If possible, request access to any footage that may have captured your accident. This could serve as valuable evidence in substantiating your claim.
• Note down the contact details of any eyewitnesses: eyewitness accounts can play a crucial role in substantiating the facts of the accident. If there were any colleagues or other individuals present at the time of the incident, record their contact details and request their version of events.
• Take photographs of the place where the incident took place: if possible, take photographs of the accident scene, including any visible hazards or lack of safety measures that may have contributed to the incident. It is also beneficial to capture images of your immediate injuries, as they can help document the severity and immediate impact of the accident.
• Keep a record of any medical treatment you required as a result of the incident: make sure to keep a detailed record of any medical treatment you receive, including hospital visits, prescribed medications, physical therapy, counselling, and any other relevant healthcare services. Keep all receipts and documents related to these treatments. This record not only proves the extent of your injuries but also helps quantify the financial impact of your accident, aiding in the calculation of potential compensation.

In addition to these steps, we strongly advise seeking legal counsel by calling us as soon as you are safe. Our experienced personal injury solicitors can guide you through the process, ensuring you have the necessary documentation and support to strengthen your claim.

FAQs about factory accident claims

What is a factory accident?

A factory accident refers to any event occurring within a factory setting that leads to injury or harm to an individual. This can include incidents such as slips, trips, and falls, machinery malfunctions, exposure to harmful substances, or accidents related to lifting and carrying. It is essential to note that employers have a duty of care to provide a safe working environment, and failure to do so can lead to these unfortunate incidents.

If you have had an accident in a factory and the fault was not your own, you may be eligible to make a factory\ accident compensation claim against the responsible party. In many cases, this is the injured person's employer.

What are the main causes of factory accidents?

Factory accidents can occur due to several reasons, but some of the most common causes include:

1. Poor training or supervision: without adequate training or guidance, factory workers may not understand how to safely operate machinery or handle dangerous substances. This can lead to accidents.
2. Inadequate safety measures: the absence of necessary safety precautions such as guardrails, safety signs, or personal protective equipment can leave employees vulnerable to accidents.
3. Machinery malfunctions: poorly maintained, outdated, or faulty machinery can malfunction and cause injury to operators or other workers in the vicinity.
4. Hazardous substances: factories often utilise various chemicals and substances in their operations. Improper handling or storage can lead to spills or leaks, posing a risk to workers.
5. Unsafe lifting or manual handling practices: without proper techniques or assistance, manual handling of heavy objects can lead to strains, sprains, or more serious musculoskeletal injuries.

Our skilled team of personal injury solicitors has considerable experience in handling factory accident claims. If you have suffered an injury due to any of these causes, or any other factory-related incident, we are here to provide the support and legal advice you need to seek compensation. Our goal is to ensure your rights are protected and that you receive the financial assistance necessary for your recovery.

Can I make a claim on behalf of a loved one who was involved in a factory accident?

It is possible to make a claim on behalf of a loved one who has been involved in a factory accident. This is often the case if the person injured is unable to make the claim themselves, due to the severity of their injuries or other factors that impair their mental capacity. As a family member or legally authorised representative, you can step in to initiate the legal process and seek compensation on their behalf.

Can I make a claim on behalf of someone who has died in a factory accident?

If a loved one has lost their life due to a factory accident, you can make a compensation claim on their behalf. Such claims are commonly referred to as 'fatal accident claims'. Immediate family members, such as spouses, civil partners, parents, children, or anyone else who was financially dependent on the deceased person can usually make a claim.

These claims can seek compensation for a variety of aspects, including the pain and suffering experienced by the deceased before their death, funeral expenses, loss of income to the family, and the services the deceased provided such as childcare or home maintenance.

Fatal accident claims can be complex and emotionally challenging. Therefore, it is strongly recommended to seek expert legal advice. Graham Coffey & Co. Solicitors handles these sensitive cases with utmost empathy and professionalism, providing comprehensive legal support to help you navigate through these difficult times.

Will I lose my job if I make a factory accident compensation claim against my employer?

It is against the law for your employer to terminate your employment simply because you have filed a compensation claim following a factory accident. The Employment Rights Act 1996 offers protection to employees against dismissal for exercising their statutory rights, which includes claiming compensation for a workplace accident.

In addition, health and safety regulations require employers to provide a safe working environment and protect their employees' well-being. If you are dismissed for making a claim, this could be considered unfair dismissal, and you might have further grounds for legal action.

However, we understand that this can be a significant concern for many people. Your personal injury lawyer will provide you with the advice and support you need to navigate these complex issues. We are committed to standing by your side and protecting your rights throughout the entire process.

Why choose us?

Our accidents at work solicitors have many years experience in handling this type of claim. We are dedicated to making the claims process as stress-free as possible, and as part of this, we will provide:

• No win, no fee legal representation
• A free, no-obligation initial consultation to assess your claim
• A private medical examination
• Private medical treatment, where appropriate
• Emergency medical treatment, if required
• Loss of earnings recovery

We want to ensure you are as comfortable as possible throughout your claim, and so you will be given the direct-dial telephone number for the solicitor who is handling your case. In the event they are unavailable, you will be transferred to another legal specialist who will handle your enquiry in the interim.

How can personal injury compensation help?

Personal injury compensation following a factory accident can provide substantial assistance in many ways. Primarily, it aims to put you back, financially, in the position you would have been if the accident had not occurred.

1. Medical costs: compensation can cover the cost of medical treatment, rehabilitation, and ongoing healthcare needs resulting from the accident. This includes the cost of private treatment, physiotherapy, or counselling services, if necessary.
2. Loss of earnings: if you have had to take time off work, or your ability to work in the future has been impacted due to your injury, compensation can help recover these lost earnings and provide financial stability.
3. Care and assistance: if your injury requires you to have care and assistance, whether professional or provided by family members, the cost of this care can be included in the compensation.
4. Pain and suffering: compensation is also awarded for the physical pain and emotional distress experienced due to the accident and the subsequent impact on your quality of life.
5. Special expenses: any additional costs incurred due to the accident, such as travel expenses for medical appointments or modifications to your home, can also be claimed.

Our one-call promise

In just one phone call, Graham Coffey & Co. Solicitors’ legal experts will determine whether or not you have a viable compensation claim. If you do, we will start working for you immediately and within 24 hours, we will arrange a free consultation with one of our specialists.

In this time, we will also send initial documentation confirming your details for you to sign.

If you know the details of the defendant, we will also contact them within 24 hours to kickstart the legal proceedings.

Factory accident case study

Our Manchester factory accident solicitors obtained £7,000 for Mr H after he placed his hand into a fast-moving fan. Even though our client was a very experienced and trained engineer, the machine in question was new and Mr H had not been trained to work on it. Additionally, the fan on the machine was not guarded.