Workplace Pallet Wrapping Machine Accident Claims Explained
This is a guide on when you could make a personal injury claim following a pallet wrapping machine accident in the workplace. Injuries sustained in an accident at work may range from minor and transient to severe and, in some cases, fatal. If these injuries result from your employer breaching the duty of care owed to you at the time and place of your accident, this is negligence, for which you may be eligible to bring forward a personal injury claim.
In this guide, we will examine the eligibility criteria that your case must meet for you to have valid grounds to make a claim. This can include the time limits you must adhere to and the evidence you can provide.
Additionally, we will look at what resources solicitors could use to help them value personal injury compensation settlements. We will also provide an overview of what could be included in your award, should your claim succeed.
Please continue reading this guide to learn more about making a personal injury claim after an accident involving a pallet wrapping machine. Also, you can get in touch with our team at Legal Expert to ask any questions regarding your potential workplace injury claim. Our advisors are accessible 24/7 to provide free legal advice.
You can:
- Call our team on 0800 073 8804
- Use the live chat window on this page
- Contact us via our online form
Select A Section
- Could I Make A Workplace Pallet Wrapping Machine Accident Claim?
- Pallet And Packaging Machinery Safety
- What Evidence Do You Need For A Work Injury Claim?
- What Could I Claim For A Workplace Pallet Wrapping Machine Accident?
- Contact Us To Claim On A No Win No Fee Basis
- Find Out More About Workplace Pallet Accident Claims
Could I Make A Workplace Pallet Wrapping Machine Accident Claim?
If you have been involved in a pallet wrapping machine accident at work, you may wonder whether you could be eligible to claim compensation for your injuries. Below we will outline the criteria of eligibility that must be met to bring forward a personal injury claim:
- Firstly, your employer must have owed you a duty of care at the time and whereabouts of the accident.
- Then, they must have breached their duty of care.
- Finally, as a consequence of this breach, you sustained injuries. These may be physical, psychological or both.
Employer duty of care is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). This explains that every employer must take reasonably practicable steps to ensure that their employees are safe at work. This can include providing them with proper training and performing risk assessments in the workplace.
Furthermore, The Provision and Use of Work Equipment Regulations 1998 (PUWER) explains how employers must ensure, so far as is reasonably practicable, that work equipment is suitable and safe to be used for its intended purpose.
If you have been injured at work and meet the aforementioned criteria of eligibility, you must also consider whether your personal injury claim involving dangerous machinery at work is within the relevant time limits. We will discuss this in the following section.
Limitation Periods For Workplace Pallet Wrapping Machine Accident Claims
The Limitation Act 1980 lays out the relevant time limits for a pallet wrapping machine accident at work claim. You will generally have three years from the date of the accident to start your claim.
Exceptions can be made to these time limits; if you would like to learn more about these in connection with your potential personal injury claim following a workplace accident, please ask a member of our team.
Pallet And Packaging Machinery Safety
Pallet wrapping machines help businesses to secure goods to pallets before they are transported. They may be found in workplaces such as factories and warehouses. These machines can have moving parts, and therefore safety measures will need to be in place.
Below we will provide examples of how an employer could breach their duty of care and cause an employee to be injured while using a pallet wrapping machine:
- After an employee has reported a fault with the machine, their employer fails to get this repaired within the correct time frame and instructs the workers to continue using the machine. An employee is then injured whilst using the defective work equipment.
- An employer provides their employees with no or inadequate training. This leads to them being unsure of how to use the pallet wrapping machine safely. After being instructed to use the machine with a lack of training, an employee is struck by a moving machine part and sustains injuries.
If you are uncertain whether you could have valid grounds to make a claim after being injured in a pallet wrapping machine accident for which your employer was liable, please contact our team of advisors.
What Evidence Do You Need For A Work Injury Claim?
Following a workplace injury, it is first important to seek the appropriate medical care. Then, if you meet the personal injury claims criteria of eligibility and you want to pursue compensation, you must obtain evidence of employer negligence. For example, you could get copies of the medical records showing the care you received for your injuries.
Also, you could gather the following:
- Photographs of the accident scene and any visible injuries
- The contact details of any witnesses present at the time of the accident
- CCTV footage of the accident
- A copy of the report from the accident at work book
Talk to our advisors to learn more about the evidence you could gather to strengthen your pallet wrapping machine accident at work claim.
What Could I Claim For A Workplace Pallet Wrapping Machine Accident?
There are two heads of a successful personal injury claim: special damages and general damages. These compensate for two different types of loss or damage caused by your injuries.
Firstly, general damages compensates for the psychological harm or physical pain and suffering caused by your injuries. This head can consider multiple different factors relating to your case, such as the impact your injuries have had on your quality of life.
We will provide a table below containing guideline compensation amounts for various injuries that could be sustained in a pallet wrapping machine accident. To create the table, we used the Judicial College Guidelines (JCG). Workplace accident solicitors can use this document to assist them when valuing general damages.
Table Of Guideline Compensation Brackets
Type of Injury | Severity | Notes | Compensation Bracket Guidelines |
---|---|---|---|
Brain Damage | Moderately Severe (b) | Very serious disability, constant care requirements, and a substantial dependence on others. | £219,070 to £282,010 |
Brain Damage | Moderate (c)(i) | Moderate to severe intellectual deficit, an effect on the senses alongside a significant risk of epilepsy, a personality change, and no employment prospects. | £150,110 to £219,070 |
Arm Amputation | Loss of One Arm (b) (i) | Arm amputated at shoulder level. | Not less than £137,160 |
Arm Injuries | Severe (a) | Falling short of amputation but still extremely serious and leaving the person not much better off than if the arm was lost. | £96,160 to £130,930 |
Arm Injuries | Less Severe (c) | There will have been significant disabilities but a substantial level of recovery will be expected or will have occurred. | £19,200 to £39,170 |
Leg Injuries | Amputations (a)(iv) | One leg amputated below the knee. | £97,980 to £132,990 |
Hand Injuries | Serious Damage to Both Hands (b) | Significant loss of function and permanent cosmetic disability. | £55,820 to £84,570 |
Hand Injuries | Severe Fractures to Fingers (f) | Potentially leading to partial amputations and causing deformity. | Up to £36,740 |
Elbow Injuries | Severe and Disabling (a) | An injury that is severely disabling. | £39,170 to £54,830 |
Shoulder Injuries | Serious (b) | Shoulder dislocation and damage to the lower portion of the brachial plexus leading to pain, aching and further problems. | £12,770 to £19,200 |
This table is a guide.
Other Forms Of Damages You Could Claim
Furthermore, special damages could reimburse you for the monetary expenses incurred due to your injuries, which have caused you financial losses. It is important to mention that you will require evidence to pursue special damages.
Below we will provide examples of monetary losses that you could be eligible to be compensated for and the evidence you could use as proof:
- You could prove any past and future loss of earnings with payslips.
- Any travel costs could be demonstrated through travel tickets.
- Care costs could be proven through invoices.
Would you like an estimate of the personal injury compensation you may be eligible to receive? If so, you can use our compensation calculator. Alternatively, you can speak to one of our advisors today. They will be able to provide you with information and advice tailored to the details of your claim.
Contact Us To Claim On A No Win No Fee Basis
If an advisor from our team discovers that you may be eligible to bring forward a claim, they could put you in touch with one of our specialist solicitors. Our solicitors may present you with an offer to enter into a form of No Win No Fee agreement, known as a Conditional Fee Agreement (CFA).
This would mean that you wouldn’t make any payments upfront or during the ongoing course of your claim for the services of your solicitor. What’s more, it also typically means that you will not pay for your No Win No Fee solicitor’s services at any time if your claim fails.
On the other hand, if your claim is successful, your solicitor can take a small success fee from the compensation. This is a percentage that legislation caps.
Start Your Pallet Wrapping Machine Accident At Work Claim
Please get in touch with a member of our team at Legal Expert to discuss your potential workplace pallet wrapping machine accident claim. Our advisors can provide free legal advice 24/7. Therefore, you can get in touch at a time that is most convenient for your schedule.
To do this, you can:
- Call our team on 0800 073 8804
- Use the live chat window on this page
- Contact us via our online form
Find Out More About Workplace Pallet Accident Claims
Please explore more of the workplace accident guides on our website to learn more:
- How Much Compensation Can I Claim For A Warehouse Injury?
- Nerve Damage After An Accident At Work – Can I Make A Claim?
- I Had An Accident At Work – Is My Employer Liable?
Also, take a look at some of these relevant external sources for further information:
- Using work equipment safely – The Health and Safety Executive (HSE)
- First aid – NHS
- Statutory Sick Pay (SSP) – GOV
If you are left with any questions about making a personal injury claim following a pallet wrapping machine accident at work, please speak to a member of our team.
Written by Oxland
Edited by Mitchell