Machinery accident compensation claim
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Machinery Accident Compensation Claims
What is a machinery accident compensation claim?
If you operate machinery, or you work in an environment that uses a machine or heavy machinery, machine accidents happen, and when they do, they can be life changing.
No one expects to be injured at work, in fact, employers have a duty of care to ensure their machinery is safe and their workers are properly trained on how to use it safely. However, if an employer fails to meet this duty of care and a machinery accident occurs, the employer may be liable for compensation.
If you’ve sustained a machinery injury in the last three years, through no fault of your own, you could be eligible to claim compensation. To find out more or begin a no win no fee claim, call 0800 234 6438 and speak with a trained legal advisor today. If they believe you have a claim to pursue, they’ll partner you with specialist personal injury solicitors who will represent you on a no win no fee basis.
What is a machinery accident?
There are lots of different types of machinery accidents, but some of the most common include:
Getting caught in moving machinery
Being struck by machinery parts
Being exposed to hazardous chemicals or fumes
Slips, trips and falls
Machinery accidents can cause serious injuries, including amputations, fractures, burns, and head injuries. In some cases, machinery accidents can even be fatal.
If you’ve been injured in a machinery accident, it’s important to seek legal advice as soon as possible. A no win no fee solicitor can help you assess your case and assist you with claiming compensation.
Why seek compensation following machinery accidents?
You may feel overwhelmed or uncertain about seeking compensation for injuries sustained in a machinery accident, but don’t. If you’ve been injured as a result of a machinery accident, why should you bear the financial brunt of it?
Firstly, workplace accidents can lead to significant financial losses, such as medical expenses, lost earnings, and the cost of adapting your home or vehicle to your new needs. Compensation can help to cover these costs, so you’re not financially disadvantaged as a result of your accident.
Aside from the financial aspect of making a claim, machinery accidents can have a devastating impact on your life and the lives of your loved ones, both physically and emotionally. Compensation can help you to get the support you need to cope with the aftermath of your accident and rebuild your life.
Lastly, if your machinery accident was caused by someone else’s negligence, seeking compensation can help to hold them accountable for their actions. This can also help to prevent other people from being injured in similar accidents in the future, by raising awareness of machinery safety and encouraging employers and machinery owners to take steps to prevent accidents from happening in the first place.
Your employer has a legal duty of care
The UK has a number of health and safety regulations in place to protect workers from machinery accidents. These regulations are enforced by the Health and Safety Executive (HSE).
The main piece of legislation relating to machinery safety is the Provision and Use of Work Equipment Regulations 1998 (PUWER). PUWER places a duty on employers to ensure all work equipment is safe and that it is used safely by employees.
Under PUWER, employers must:
Assess the risks associated with all work equipment and take steps to control those risks
Provide adequate training to employees on how to use work equipment safely
Maintain work equipment in a safe condition
Employers must also ensure that all machinery is properly guarded to prevent workers from coming into contact with dangerous moving parts.
In addition to PUWER, there are a number of other health and safety regulations that may be relevant to machinery safety, such as the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) and the Management of Health and Safety at Work Regulations 1999.
To ensure employees are not injured in machine accidents at work, employers should, for example:
Conduct regular risk assessments of all machinery and take steps to control any identified risks
Ensure that all machinery is properly guarded
Enforce safe working practices
Provide suitable protective equipment
Maintain machinery in a safe condition
Regularly inspect machinery for damage or wear and tear
If an employer fails to meet their legal responsibilities and you are injured in a machine accident, your employer may be liable for compensation.
To find out more about making a machinery accident claim, call 0800 234 6438 and speak with a trained legal advisor. They’ll offer you free, impartial advice, and if you’re keen to proceed with your claim, they’ll partner you with a specialist personal injury claim solicitor who will work with you on a no win no fee basis.
Who can make a machinery accident compensation claim?
Anyone who has been injured in a machinery accident can make a compensation claim. Whether you’re an employee, contractor, or self employed, you have the right to a safe working environment.
If you’re an employee and you’ve been injured in a machinery accident at work, you may be able to make a compensation claim against your employer.
If you’re a contractor and you’ve been injured while working on someone else’s premises, you may be able to make a compensation claim against the owner of the premises.
If you’re a self-employed person and you’ve been injured in a machinery accident while working for yourself, you may be able to make a claim against the manufacturer or supplier of the machinery.
Also, members of the public can also make a machinery accident compensation claim if they’re injured by machinery in a public place, such as a park or playground. For example, if a child is injured by a piece of playground equipment, the child’s parents may be able to make a compensation claim against the local council.
Common causes of machinery accidents
The most common causes of machinery accidents include:
Faulty machinery or defective equipment: Machinery can become faulty for a number of reasons, such as design defects, manufacturing defects, and wear and tear. If faulty equipment is not repaired or replaced promptly, it becomes dangerous and can pose a serious risk to workers and other people in the vicinity.
Poor maintenance: Machinery should be regularly and properly maintained to ensure it is in safe working order. Poor maintenance can lead to a number of problems, such as worn bearings, loose bolts, and faulty electrical equipment. These problems can increase the risk of machinery accidents.
Inadequate training: Workers should be properly trained on how to use machinery safely, and what personal protective equipment they need to wear when operating it. If workers are not properly trained, they may not be aware of the risks associated with operating machinery or they may not be able to use machinery safely.
Unsafe working practices: Unsafe working practices can include things like overloading machinery, working in unsafe conditions, and not wearing appropriate safety gear. Unsafe working practices can increase the risk of machinery accidents, even if the machinery is in good condition and the workers have received adequate training.
In addition to these, machinery accidents can also be caused by other factors, such as environmental conditions (e.g., poor lighting, slippery surfaces), human error (e.g., fatigue, distraction), and alcohol or drug use.
If you have been injured in a machinery accident, contact a no win no fee solicitor as soon as possible to discuss your case. A solicitor will be able to assess your case and advise you on whether you have a valid claim. To find out more, call 0800 234 6438 for free today and get the ball rolling on your machine accident claim.
Types of injuries typically sustained in machinery accidents
Machinery accidents can cause a wide range of injuries from life threatening injuries to non fatal workplace injuries. Some of the most common workplace machinery injuries include:
Amputations: Machinery accidents can cause amputations of fingers, hands, feet, legs, and arms. Amputations can be debilitating and can have a significant impact on your quality of life.
Fractures: Machinery accidents can also cause fractures of bones throughout the body. Fractures can be painful and can take a long time to heal. In some cases, fractures can lead to permanent disability.
Burns: Burns from hot metal, steam, or chemicals can be very painful and can require surgery and long-term rehabilitation. In some cases, burns can be fatal.
Head injuries: Machinery accidents can also cause head injuries, such as concussions, skull fractures, and brain injuries. Head injuries can be very serious and can lead to permanent disability or death.
Spinal injuries: Spinal injuries such as herniated discs, spinal cord compression, and paralysis can occur as a result of an accident at work. Spinal injuries can be very serious and can lead to permanent disability.
Eye injuries: Machine accidents can also cause eye injuries, such as corneal abrasions, lacerations, and retinal detachment. Eye injuries can be very painful and can lead to permanent vision loss.
Hearing loss: If you don’t have suitable protective equipment include ear defence, machine related injuries can also include hearing loss, which can be temporary or permanent.
Post-traumatic stress disorder (PTSD): Machinery accidents can also cause PTSD, a mental health condition that can develop after a traumatic experience. Symptoms of PTSD can include anxiety, flashbacks, and nightmares.
If you’ve been injured in a machinery accident, seek medical attention immediately. Even if you don’t think you’re seriously injured, it’s important to get checked out by a doctor to rule out any internal injuries.
How to make a machinery accident compensation claim
Step 1: Contact www.nowinnofee.com
The first step is to call 0800 234 6438 to discuss your case. You’ll speak with a trained legal advisor who will assess your case and advise you on whether you have a valid claim. If you have a valid claim, they’ll partner you with a specialist personal injury solicitor who will help you make a compensation claim.
Step 2: Gather evidence
The more evidence you can collect to support your compensation claim, the stronger your case will be. Some of the most important types of evidence to collect include:
Medical records: Your medical records will provide evidence of the extent of your injuries and the treatment you’ve received. Ask for copies of all your medical records, including hospital records, doctor’s notes, and prescriptions.
Photographs of your injuries: Photographs of your injuries can help to show the severity of your injuries and the impact they’ve had on your life. Take photographs of your injuries as soon as possible after the accident and at regular intervals throughout your recovery.
Witness statements: If there were any witnesses to your accident, ask for witness statements from them. Witness statements can provide valuable evidence of how the accident happened and who was responsible.
Expert reports: If you suffered serious injuries, you may need to obtain an expert report from a medical professional. An expert report can provide an assessment of the severity of your injuries, your prognosis, and the impact your injuries have had on your life and the impact they could have on your future quality of life.
Evidence of your financial losses: If your accident has caused you to lose earnings, incur medical expenses, or have other financial losses, collect evidence of those losses. This can include things like payslips, bank statements, receipts, bills and invoices.
Step 3: Your solicitor will send a letter of claim to the other party
Once your solicitor has sufficient evidence, they’ll send a letter of claim to the other party. The letter of claim will set out the details of your accident, your injuries, and your financial losses. The letter of claim will also demand compensation.
Step 4: Negotiations
Once the other party has received the letter of claim, they’ll have the opportunity to respond. The other party may admit liability and offer compensation, or they may deny liability. If the other party denies liability, your solicitor will try to negotiate a settlement on your behalf.
Step 5: Court proceedings (if necessary)
If your solicitor is unable to negotiate a settlement on your behalf, they may recommend that you start court proceedings. Court proceedings can be complex and time-consuming, but they may be necessary if you want to get the compensation you deserve.
How much compensation could I claim?
The amount of compensation you could claim for a machinery accident will depend on the severity of your injuries and your financial losses. There are two main types of damages that you can claim: special damages and general damages.
Special damages are awarded to compensate you for your financial losses, such as:
Loss of earnings – This covers lost earnings as a result of your injuries, for example, earnings you have lost in the past, as well as earnings that you are likely to lose in the future.
Medical expenses – This is to cover the cost of any medical treatment that you have received as a result of your injuries. This may include the cost of hospital treatment, surgery, physiotherapy, and medication.
Care costs – Compensation for care costs can be awarded if you have needed to pay for care as a result of your injuries. This may include the cost of care from family members, friends, or professional carers.
Travel expenses – Compensation for travel expenses can include the cost of travel to and from hospital appointments, physiotherapy appointments, and other medical appointments.
Damage to property – Compensation for damage to property can be awarded if your property has been damaged as a result of the machinery accident. This may include damage to your car, clothes, or other personal belongings.
Future losses – Compensation for future losses is to cover any losses you are likely to incur in the future as a result of your injuries. This may include future loss of earnings, future medical expenses, and future care costs.
To claim special damages, you will need to provide evidence of your financial losses. This evidence may include things like payslips, bank statements, and medical bills.
General damages are awarded to compensate you for the pain, suffering, and loss of amenity caused by your injuries. General damages can be difficult to quantify, but there are a number of factors that the court will consider when awarding general damages, such as:
The severity of your injuries
The impact your injuries have had on your life
The amount of compensation you could claim for each type of damage will vary depending on the individual circumstances of your case.
The time limits for making a machinery accident compensation claim
The time limit for making a machinery accident compensation claim is generally three years from the date of the accident. However, there are some exceptions to this rule.
For example, if you were under the age of 18 at the time of the accident, you have until your 21st birthday to make a claim. If you were mentally incapacitated at the time of the accident, you may also have longer to make a claim.
Make a machinery accident compensation claim with www.nowinnofee.com
To make a machinery accident compensation claim with www.nowinnofee.com, simply call 0800 234 6438 for free, or fill out the online contact form, and speak with a trained legal advisor today. If they believe you have claim to make, they’ll partner you with a specialist solicitor who will represent you on a no win no fee basis.
Why pursue compensation on a no win no fee basis? Because you can access legal advice and representation without having to pay any upfront fees, as well as avoid the financial risk of losing your case and having to pay the other party’s legal costs. You also have the peace of mind your solicitor is working in your best interests, as they will only get paid if you win your case. But more importantly, you can focus on your recovery, knowing your solicitor is handling your claim on your behalf.
What to do if you aren't sure if you have a claim
If you aren’t sure if you have a machinery accident compensation claim, contact 0800 234 6438 today for free and speak with a trained legal advisor. They’ll be able to assess your case and advise you on whether you have a valid claim.
They’ll ask you some questions about the accident, your injuries, and your financial losses. They’ll also ask about the evidence you have, such as medical records, witness statements, and photographs of the accident scene.
If they believe you have a valid claim, they’ll partner you with a specialist personal injury claims solicitor who can start the claims process on your behalf.
What if I was partly to blame for the machinery accident, can I claim compensation?
Yes, you can still claim compensation for a machinery accident even if you were partly to blame for the accident. This is known as contributory negligence.
To determine the amount of blame you bear for the accident, the court will consider a number of factors, such as:
The circumstances of the accident
Your actions in the lead-up to the accident
The actions of the other party
If you’re found to be partly to blame for the accident, the amount of compensation you receive will be reduced in proportion to the amount of blame you bear. For example, if you’re found to be 50% to blame for the accident, you will receive 50% of the compensation that you would have received if you were not to blame at all.