Making a claim for machinery accidents
As well as the physical pain suffered due to an accident involving machinery, a claimant can also be emotionally traumatised. If you’re thinking about making a claim but worried it might cause more stress, we’re here to help you every step of the way. You didn’t deserve to be injured and if it wasn’t your fault then we can help you.
Processing a claim for your machinery accident doesn’t have to be daunting or stressful. We can guide you step-by-step making the entire process as simple, stressless and hassle-free as possible.
Your claim can be set up in one quick and easy phone call on 08000 250 250 or fill out our online form, speaking with our legal advice team won’t be difficult as we will cut out the legal jargon and present you with the facts and figures.
Our team can speak with you on a confidential, no-obligation basis and provide you with all the help and answers you need. When discussing your potential claim we won’t just focus on your injuries, we’ll also review the other aspects of your life that have been affected such as your mental well-being, health, finances and the impact on your family and dependants.
Our solicitors have years of experience and specialise in workplace accidents, so as long as you are eligible and happy to proceed with your claim after discussing with our advisors, we can get everything set up in one easy phone call. There’s no need to worry about upfront funding for your claim either; we can deal with your claim on a No Win No Fee basis.
How do I know if I’m eligible to claim?
The quickest and simplest way to find out if you are eligible to make a claim is to contact our legal advice team; we can tell you in one quick phone call if you can make a claim.
In order to decide if you are eligible to make a personal compensation claim you must at least, be able to answer “yes” to the following:
- Was your accident/diagnosis in the last three years?
- Was the accident caused by someone else?
- Did you sustain injuries due to the accident?
Knowing who’s negligence caused an accident can sometimes be confusing, contact our team today on 08000 250 250 and we can talk through what has happened to you, alternatively fill out our online form and we can call you.
How do I know if my employer has been negligent?
The Provision and Use of Work Equipment Regulations 1998 (PUWER1998) set out rules and regulations that your employer must abide by to minimise the risk to their employees when machinery is in use.
- Ensuring the machinery is being used for the correct task
- Making sure the machinery is safe to use and inspected regularly
- Employees using the machinery are fully and correctly trained and experienced
- Ensuring employees have the correct equipment for safety, protection, warnings and emergency stop buttons
When machinery is being used, your employer must evaluate the potential dangers to you and your colleagues. If your employer fails to take the potential dangers seriously and does not take action to prevent an accident from happening, then they have neglected their duty of care to you.
If your employer has hired machinery, so the machine you have sustained an injury from does not belong to your employer, if it is in the workplace that they have responsibility for then they will still be responsible for the equipment.
Your employer may also have been negligent if they have not provided you with the appropriate training to use the machinery you were operating, or if they didn’t advise you of the risks that would be involved when operating the machinery.
It is important for an employer to take their employees’ safety as a serious matter, failure to do so can expose employees to unnecessary risks. We know a majority of employers assess the safety of their employees and take action if needed, but if your employer hasn’t and as a result, you have been in an accident that wasn’t your fault, you could be entitled to compensation.
Compensation cannot take away an injury or undo the psychological impact that the accident has caused, but it can help you and your loved ones get back on track and ease some of the financial stress that may have been caused.
If your’e thinking about starting a claim for your injury, would like to know more before deciding or want to set your claim up today, call our legal advice team now on 08000 250 250 or fill out our online form and find out how our award-winning service can help you.
Am I responsible? What are my rights?
It’s normal to feel that you might be partly responsible for your injury, maybe you received the correct training for the machinery you were handling when you sustained your injury, or you have had previous experience.
This shouldn’t put you off claiming the compensation you deserve. When machinery is involved, sometimes, having training isn’t enough. If you feel you are partly responsible then contact our team today, we can speak to you about the specifics of your accident and tell you if it was as a result of negligence and if you’d be eligible for a claim.
As outlined in full by the Health and Safety Executive, employees have rights which include:
The right to:
- Have access and use the relevant safety equipment
- Receive the necessary training and equipment for your task
- Work in a safe environment
When a part of your job is to handle machinery, even if you have received the correct training to do so, it is your employer’s duty to ensure the equipment is inspected on a regular basis, to ensure you have the correct equipment to do your job safely and to make sure the machinery has the correct safety guards or fail-safes. If they fail to carry out their duty, then they have been negligent meaning they will be at fault.
As well as the previously mentioned regulations there are also European laws that regulate the use of machinery.
When a new machine is purchased and has been installed, the machinery has to, under the Supply of Machinery (Safety) Regulations 2008 & 2011:
- Include instructions written in English
- Have a CE mark; this will mean that equipment is compliant with the relevant EU regulations
Come with a declaration of conformity; this means the manufacturer has confirmed the machine complies with all regulations and is fit for purpose
If the machine you sustained your injury from doesn’t meet the above regulations then you could be entitled to a compensation claim, contact our legal advice team today on 08000 250 250 or fill out our online form to find out how we can help you.
How much compensation am I likely to get?
Every case has its individual circumstances, therefore, there is no set amount so we cannot tell you how much you will receive at this stage. However, our claim compensation calculator can give you an estimate so you can have a bit of a guideline.
Whilst the money cannot turn back the time it can help to ensure you can get back on the right track helping ease additional stresses such as paying bills when out of work, supporting your family and paying additional expenses caused as a result of your injury.
Our solicitors have years of experience and specialise in these types of claims; they will take into account all expenses that have been caused due to your injury.