I Was Injured By Scrap Metal At Work – Can I Make A Claim?
Last Updated On 19th November 2024. This guide will look at whether you could be eligible to seek compensation after you have been injured by scrap metal at work. It will discuss the criteria you must meet in order to put forward a personal injury claim, the steps you can take to support your case and the compensation you could be awarded if you succeed.
Additionally, we will discuss the duty of care employers owe you as well as the legislation that outlines an employers’ responsibilities. We will also provide examples of the accidents and injuries that could occur if this duty is breached.
Furthermore, we will discuss the benefits of seeking compensation with help from a No Win No Fee solicitor, including the services they can offer without requiring an upfront fee for their work.
For more information, please get in touch with our team. An advisor can answer any questions you might have regarding your potential claim. To get in touch, you can:
- Call 0800 073 8804
- Fill out our ‘claim online‘ form
- Chat with an advisor via the live chat feature below.
Select A Section
- Can I Claim If I’m Injured By Scrap Metal At Work?
- How Could You Be Injured By Scrap Metal?
- What Evidence Do I Need For A Workplace Injury Claim?
- What Could I Claim If Injured By Scrap Metal At Work?
- How We Could Help With No Win No Fee Scrap Metal Injury At Work Claims
- Learn More About Related Workplace Accident Claims
Can I Claim If I’m Injured By Scrap Metal At Work?
In order to make a personal injury claim, you must be able to prove the following:
- Your employer owed you a duty of care at the time and place of the accident
- They breached their duty of care
- You experienced physical or psychological harm as a result. This amounts to negligence, for which you could be eligible to claim.
Employers have a duty of care under the Health and Safety at Work etc. Act 1974. This means they must take all reasonable and practical steps to prevent employees from becoming injured in the workplace or while carrying out work-related duties.
The steps they take can involve putting measures in place to address any risks present in the workplace. Tasks involving scrap metal could need to be carried out on construction sites or scrap metal yards. To reduce the risk involved with these tasks, employers could:
- Carry out a risk assessment to address any hazards they become aware of
- Provide adequate training to employees so they are equipped to carry out their duties safely
- Provide necessary personal protective equipment (PPE) such as gloves
If you were injured by scrap metal because your employer didn’t uphold their duty of care, please get in touch on the number above.
Time Limits To Claim If Injured By Scrap Metal
In addition to proving negligence, you must ensure you start your claim within the time period set out in the Limitation Act 1980. This is normally three years from the date you were injured or the date you became aware that your injuries resulted from a breach of duty.
However, there are instances where the time limit could be paused. This includes if the injured person has a reduced mental capacity to claim compensation or if the injured person is a child.
For more information on the time limits involved in making a personal injury claim, get in touch on the number above.
How Could You Be Injured By Scrap Metal?
There are several ways an employee could have been injured by scrap metal. For example:
- A person may have been working on a construction site where the risk of falling objects, including scrap metal, was present. As a result of their employer failing to provide necessary PPE such as a hard hat, the person may have sustained a severe head injury.
- A person may have sustained life-altering injuries, including the loss of a limb after sheet metal caused a traumatic amputation of the leg.
- An employee may have failed to provide PPE in the form of gloves causing an employee to sustain a serious injury to their hand involving a deep laceration that leads to significant scarring.
For more information on when you could be eligible to seek compensation for your injuries and the way in which they have affected you, please get in touch on the number above.
What Evidence Do I Need For A Workplace Injury Claim?
It’s important to ensure you have evidence to prove that negligence has occurred when making an accident at work claim. Evidence you could gather to support your claim includes:
- Medical evidence such as a report from your doctor or the hospital
- CCTV footage of the accident
- Pictures of your injuries
- Pictures of any hazards
- A copy of the incident report from the workplace accident book
- Witness contact details
If you are unsure how to gather certain evidence, you can get in touch with our team. An advisor could connect you with one of our solicitors, provided you have a valid claim. A solicitor can then help you collect sufficient evidence and ensure you put forward a full case.
Call us on the number above for more information.
What Could I Claim If Injured By Scrap Metal At Work?
If you make a successful claim after being injured by scrap metal at work, you could receive a settlement consisting of up to two heads of claim. These include general damages and special damages.
General damages compensate for the pain and suffering you experienced as a result of your injuries. This head is often calculated by looking at the emotional and physical suffering as well as the impact the injuries have had on your quality of life.
A personal injury solicitor can also use the Judicial College Guidelines help them value your injuries. It comprises a list of guideline bracketed compensation amounts. Each of the amounts corresponds with a different injury. We have included some of these in the table below.
Compensation Table
Please only use the figures as a guide because they aren’t a reflection of what you will receive.
| Injury | Severity | Compensation Guideline Amount |
|---|---|---|
| Multiple Very Severe Injuries with Significant Financial Losses | Very Severe | Up to £500,000 + |
| Brain Damage | Moderate (c)(i) | £183,190 to £267,340 |
| Moderate (c)(ii) | £110,720 to £183,190 | |
| Hand Injury | Total or Effective Loss of One Hand (c) | £117,360 to £133,810 |
| Amputation of Index and Middle and/or Ring Fingers (d) | £75,550 to £110,750 | |
| Severe Leg Injuries | Severe (ii) | £66,920 to £109,290 |
| Severe (iii) | £47,840 to £66,920 | |
| Other Arm Injuries | Substantial and Permanent Disablement (b) | £47,810 to £73,050 |
| Facial Disfigurement | Less Severe Scarring (b) | £21,920 to £59,090 |
| Scarring To Other Parts Of The Body | No Significant Internal Injury | In the region of £10,550 |
How Could Special Damages Compensate You?
After being injured by scrap metal it can be possible to experience a wide array of associated financial problems. For example, you may require time off work to recover or if your injury is more serious, you may not be able to return to work. This could result in a loss of earnings.
Special damages aim to reimburse for any financial losses caused by your injuries. Other losses it could help recover, include:
- The costs of adapting your home and car to accommodate a disability
- Medical bills
- Domestic care costs
- Travel expenses
You can use evidence such as receipts, bank statements or wage slips to prove these losses when claiming them back.
For more information on the compensation you could receive after making a successful claim, get in touch on the number above.
How We Could Help With No Win No Fee Scrap Metal Injury At Work Claims
Our personal injury solicitors offer No Win No Fee agreements including a Conditional Fee Agreement. This means you can typically avoid paying for the work your solicitor has completed on your claim if it fails. There are also no upfront or ongoing costs for the services they provide.
If your claim succeeds, you will pay a success fee from your compensation. This is subject to a legislative cap so you can keep the majority of your compensation award.
Contact Our Injury Claim Specialists
If you have any other questions about whether you can claim after being injured by scrap metal at work, please get in touch with our team of advisors. To reach them, you can:
- Call 0800 073 8804
- Fill out our ‘claim online‘ form
- Chat with an advisor via the live chat feature below.
Learn More About Related Workplace Accident Claims
Below, you can find more of our accident at work guides:
- How much compensation for slipping on a wet floor?
- Manual handling accident claims guide
- Back injury at work claims guide
Additionally, please find some helpful resources below:
- GOV – Statutory Sick Pay
- NHS – When To Call 999
- Health and Safety Executive – Scrap And Metal Recycling
For more information on claiming after you have been injured by scrap metal at work, get in touch on the number above.
Written by Waters
Edited by Mitchell
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