If you have suffered an injury whilst working in a warehouse or factory, understanding how to make a factory accident compensation claim is crucial. Our solicitors have expertise in helping people to make successful factory accident claims. They could guide you through the accident at work claims process, helping you to secure the compensation you deserve. In our guide we cover everything you may need to know about how to successfully make a compensation claim.
The Important Takeaways
- Employers have a duty of care to take reasonable steps to keep workplaces safe.
- There are various regulations and pieces of legislation designed to keep people safe at work.
- Factory and warehouse accidents could happen in a variety of different ways.
- Compensation may be awarded for pain, suffering and financial losses.
- One of our expert solicitors could help you on a No Win No Fee basis.
Get help with your factory accident claim by contacting our advisors. If they think your claim is valid, they could connect you to our experienced solicitors.
- Talk to an advisor live below.
- Click to claim online.
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Jump To A Section
- What Are Factory Accident Claims?
- What Are The Six Pack Regulations?
- Common Causes Of A Warehouse Or Factory Accident
- How Much Compensation For Factory Accident Claims?
- Examples Of A Factory Accident Compensation Claim
- What Evidence Do I Need To Support My Work Accident Compensation Claim?
- What Are The Time Limits For Starting Factory Injury Claims?
- Our No Win No Fee Factory Accident Claims Solicitors
- Learn More
What Are Factory Accident Claims?
If you have been injured in a factory accident, you may be able to claim compensation. A warehouse or factory accident claim is a way to seek compensation for injuries suffered in a workplace accident where an employer was at fault.
In order to claim compensation, you must meet the following eligibility criteria. These are that:
- An employer had a duty of care to you. The main piece of legislation under which employers have a duty of care is the Health and Safety at Work etc. Act 1974.
- This employer breached their duty, causing the accident.
- You suffered physical or psychological injuries as a result of this.
- You were injured in the last three years,
Factory injuries could range from minor lacerations and soft tissue injuries through to serious injuries such as chemical burns, head injuries and amputations.
What Is My Factory Or Warehouse Employer’s Duty Of Care?
As stated above, factory and warehouse employers have a legal duty of care. They must take reasonable steps to ensure workers’ safety.
Steps that employers may take to fulfil this duty of care could include:
- Maintain a safe working environment – workplaces should be kept free from hazards, such as trip hazards. They should also regularly maintain facilities, equipment and machinery.
- Provide adequate training – Inadequate training, such as failing to provide proper manual handling training, or in the use of dangerous machinery, could lead to workplace injuries.
- Provide Personal Protective Equipment (PPE) – employers should provide PPE appropriate to workplaces, job roles and potential hazards.
- Carry out risk assessments – employers should carry out regular risk assessments to identify potential hazards. They should subsequently implement measures to mitigate such risks.
- Record and report workplace accidents – employers should keep an accident report book in which incidents are logged. Serious accidents and factory injuries should be reported to the relevant authorities, such as the Health and Safety Executive (HSE). This is the UK’s regulator for workplace safety.
Find out more about eligibility to make factory accident claims by contacting our specialist team.
What Are The Six Pack Regulations?
The ‘six pack’ regulations is a term applied to six workplace health and safety regulations which came into effect in the 1990’s, following European Union directives. The purpose of these six regulations is to protect employees in the workplace.
The six pack regulations are:
- The Management of Health and Safety at Work Regulations 1999 – this clarifies employers responsibilities under the Health and Safety at Work etc. Act 1974. It includes requirements on providing relevant training to staff and to carry out risk assessments.
- The Manual Handling Operations Regulations 1992 – these regulations address risks associated with pushing, pulling, lifting and carrying in the workplace.
- The Workplace (Health, Safety and Welfare) Regulations 1992 – this sets out various requirements for workplaces, such as those for lighting and ventilation as well as upkeep of workplaces.
- The Provision and Use of Work Equipment Regulations 1992 – under this, employers must prove equipment which is safe to use, suitable for the tasks and which is properly maintained.
- The Personal Protective Equipment at Work Regulations 1992 – under this, employers must provide appropriate and adequate PPE where there are risks which otherwise can not be controlled.
- The Health and Safety (Display Screen Equipment) Regulations 1992 – this applies to those using equipment with display screens, such as computers, for significant periods of time. Employers must take steps such as offering eye tests, assessing workstations and providing appropriate equipment.
Employers can significantly reduce the likelihood of accidents by following health and safety measures set out in these different pieces of legislation.
Learn more about which health and safety regulations may apply to your workplace by contacting our team.
Common Causes Of A Warehouse Or Factory Accident
There are numerous potential hazards and causes of factory accidents. Understanding what these potential causes are can help employers prevent such accidents from taking place and help employees know when they could be able to claim compensation.
Slips, Trips Or Falls
Slips, trips and falls are one of the most common types of workplace accidents. According to HSE statistics, slips and falls on the same level account for 31% of non-fatal injuries at work. Trips and falls in factories and warehouses could be caused by spillages which have not been cleaned up, uneven floors or unmarked hazards, trailing leads and poor lighting on staircases.
Straining
Strains and sprains may be caused by overexertion or improper lifting techniques. They could occur when you have to lift or move a heavy object without proper training, equipment or help. They may also be caused by carrying out repetitive and awkward tasks or movements.
Crushing Or Trapping
Crush accidents may be caused by falling objects which have been improperly stored at heights. Workers may also suffer crush injuries due to the use of defective machinery. In addition, improper use of equipment such as roll cages and lift trucks could cause a worker to be crushed or trapped.
Burns
Burn injuries may be caused by exposure to hazardous chemicals, hot surfaces and open flames, or electrical burns due to an electric shock. A lack of protective equipment, faulty machinery or the improper handling of hazardous materials could all constitute hazards.
Chemical Or Dangerous Substance Exposure
Exposure to chemicals and other dangerous substances could lead to health issues ranging from skin irritation to respiratory conditions and even cancers. Common causes of exposure to dangerous substances could include improper ventilation, a lack of proper safety equipment or improper storage of chemicals. Workplaces should take steps, such as adhering to The Control of Substances Hazardous to Health Regulations 2002 (COSHH) regulations.
Hearing Loss
Workers in factories and warehouses may face exposure to sudden, loud bangs and noises. This can result in damage to the hearing, including partial or full hearing loss. Exposure can be caused by a lack of proper ear protection, such as ear defenders or poorly scheduled steam releases.
Injury To Eyes
Eye injuries may be caused by exposure to debris or harmful substances. Factors which could lead to eye injuries may include having no eye protection at work, defective equipment and inadequate safety measures.
Back And Neck Injuries
Back and neck injuries could be caused by manual handling operations, such as if you are twisting or jerking when lifting or otherwise moving items. Risk factors could include improper lifting techniques, a lack of lifting equipment and being asked to lift or move items which are too heavy.
Cuts, Lacerations Or Amputations
This may cover a wide range of injuries and degrees of severity. Cuts and lacerations may range from minor or modest injuries right through to deep wounds which damage tissue down to the bone. Cuts, lacerations and amputations could be caused by defective machinery and equipment, a lack of training or insufficient PPE. If a finger, hand or limb gets stuck in a machine, it could result in a traumatic amputation.
If you or a loved one has been harmed in a factory or warehouse, contact us to learn more about factory accident claims.
How Much Compensation For Warehouse Or Factory Accident Claims?
If you meet the eligibility criteria to make a factory accident injury claim, you may be wondering how much compensation you could be owed. Without assessing your individual circumstances, such as your injuries, we can not give a definitive compensation figure. However, we can tell you what will be considered when assigning value to your factory or warehouse accident claim.
Personal injury claims compensation may be awarded in two heads. These are general damages and special damages.
General damages compensate claimants for physical and psychological injuries they suffered in the factory accident. To work out what you may be entitled to, a personal injury solicitor (or other party involved in your claim) may review your medical records and compare these to guidelines from the Judicial College (JCG). This document provides a list of injuries alongside guideline compensation amounts.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple, serious injuries | Serious or severe | Up to £1,000,000+ with special damages. |
| Brain damage | A - very severe | £344,150 to £493,000 |
| Paralysis injuries | B - paraplegia | £267,340 to £346,890 |
| Deafness/ tinnitus | B - total deafness | £110,750 to £133,810 |
| Neck injury | A - severe - (ii) | £80,240 to £159,770 |
| Back injury | A - severe (ii) | £90,510 to £107,910 |
| Injuries to elbow | A - severe, disabling | £47,810 to £66,920 |
| Wrist injury | B - resulting in permanent disability | £29,900 to £47,810 |
| Shoulder injury | B - serious | £15,580 to £23,430 |
| Hip injury | C - Lesser injuries (i) | £4,820 to £15,370 |
Entries in the following table have been taken from the JCG with the exception of the top row. We present this figure to illustrate what may be awarded in a case of a severe injury where special damages were awarded.
How Can Compensation Help Me?
Successful factory accident claims may also be awarded compensation for the wider impact that an injury has had on a claimant. This head of claim is called special damages.
Whilst they are not automatically awarded (where general damages are) you could supply evidence such as:
- Payslips and bank statements showing loss of earnings.
- Invoices showing medical or medication costs you have incurred.
- Travel tickets showing the cost of getting to and from medical appointments.
- Invoices which show domestic care you have had to pay for.
- Medical invoices for prosthetic limbs.
Who Pays The Compensation For An Industrial Accident?
If you make a factory accident compensation claim against your employer, you may be concerned that your compensation will come from them and impact the company. Typically, compensation is paid out by their employer’s liability insurance.
There is a legal requirement for employers to have an insurance policy in place to cover claims made by employees for workplace injuries.
One of our team members could help to analyse your case and explain how compensation for factory accident claims may be calculated.
Examples Of A Factory Accident Compensation Claim?
Here we present examples of when factory accident compensation claims could be made.
- Factory machinery accidents could include an employee suffering hand injuries if it is caught in machinery which lacks proper safety guards.
- An employee could sustain a severe back injury caused by lifting and carrying heavy objects without proper lifting equipment or training.
- A factory worker could suffer burn injuries caused by equipment malfunctioning and overheating.
- A worker in a warehouse could be struck by a reversing lift truck vehicle due to lack of training and visibility for the driver.
Can I Claim On Behalf Of A Loved One Who Was Injured In A Factory Accident?
If a loved one, such as a minor under the age of eighteen or someone who does not have sufficient mental capacity to claim themselves, has been harmed in a factory or warehouse accident, you could claim on their behalf.
Those without the mental capacity to claim or minors are unable to take legal action themselves. Instead, a suitable adult may become a litigation friend and act in their interests.
Our team could provide further information and advice on when you could claim on behalf of a loved one harmed in a factor accident. Contact us to learn more.
What Evidence Do I Need To Support My Work Accident Compensation Claim?
A crucial part of any personal injury claim is having the right proof or evidence. A strong body of evidence strengthens your case and ensures that you are fully compensated. This means not just being compensated for your injuries but also your financial losses.
Essential evidence which can help prove compensation claims includes:
- Accident reports. Records from your workplace accident report book.
- Medical records. This may document your injury, how it was treated and whether you will recover from it.
- Witness statements. You could collect details of anyone who witnessed the accident and who may later provide a statement.
- Photos & video. These could show the scene of the incident and/or visible injuries.
Video. - A diary of symptoms. You could record the date, time and circumstances of your accident as well as notes on how your injury has affected you over time.
Having a strong body of evidence could make a significant difference to the outcome of your claim. You can get help gathering evidence for factory accident claims by contacting our advisors.
What Are The Time Limits For Starting Factory Injury Claims?
Another crucial factor you need to be aware of is the amount of time you have in which to start a claim. Under the Limitation Act 1980 claimants will generally have three years from the date of an accident in which to begin a claim.
In some cases, such as where you are claiming on behalf of someone else, this time limit may differ. For example, where a minor was harmed the time limit does not begin until they turn 18. Similarly, where a claimant does not have sufficient mental capacity to handle their claim, the time limit does not apply. It may be applied if they subsequently do regain their mental capacity.
To discuss time limits for starting factory accident claims, speak to a member of our team today.
Our No Win No Fee Factory Accident Claims Solicitors
We believe that whilst you do not have to use a solicitor when making a factory accident compensation claim, we believe that there are benefits to doing so. Our team understands that many people have concerns about the cost of taking legal action. As such, they could offer to take on your case under a Conditional Fee Agreement (CFA).
This means that you will not have to make any payments for their services unless you win your claim. You would also only pay for their services at the end of a claim with the fee (called a ‘success fee’) for their services being deducted from your compensation. Under law, there is a maximum percentage of your compensation which may be deducted.
If your claim is unsuccessful, there is nothing to pay for the work done on it. Hence, ‘No Win No Fee’.
Contact Us
No matter your factory or warehouse injury, we could help you claim compensation if someone else was at fault. Get in touch to learn more about claiming compensation on a No Win No Fee basis.
- Chat to us live below..
- Phone 0800 073 8804.
- Start your claim online.
Learn More/More Information
Below you can find related workplace injury claim guides from across our site.
- Here we look at how to prove fault in slip and fall claims.
- Here you can learn more about the accident at work claims process.
- Check the relevant time limit to make your claim here.
Here we have included helpful external references.
- Read more about reporting accidents and incidents at work in this guide from the HSE.
- Get further information on first aid in this NHS resource.
- Get an overview of Statutory Sick Pay here.
We hope after reading our guide you understand more about making warehouse and factory accident claims. Get in touch with our team to claim on behalf of yourself or a loved one.
