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Making A Claim For Machinery Accidents
You can suffer physical pain due to an accident involving machinery but you 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 at every step of the way. You didn’t deserve to be injured and if it because of faulty machinery or because of someone else fault then we can help you.
Making a claim for your 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 for callback.
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 dependents.
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 cost 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 Machine Accident 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 machine accident 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 faulty machinery and not your fault?
- Did you sustain injuries due to the accident?
Knowing who’s negligence caused an accident can sometimes be confusing, contact our team today on 08009961807 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 you’r 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 08009961807 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:
1.Include instructions written in English
2.Have a CE mark; this will mean that equipment is compliant with the relevant EU regulationsCome 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 08009961807 or fill out our online form to find out how we can help you.
What to do now?
We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.
Start your personal injury claim now!
How Much Compensation Am I Likely To Get For A Machinery Accident Claim?
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.
If you want to discuss the circumstances of your claim then contact our legal advice team today on 08009961807 or fill out our online form to find out how our team can help you.
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Frequently Asked Questions (FAQs)
Who will pay the compensation?
It is very rare for the employer concerned to actually shoulder the payment of industrial disease compensation. In the vast majority of cases compensation comes from your employer's "Employers Liability Insurance". It is a legal requirement for all UK employers to have a policy of this type.
Furthermore, in the event that you are still employed by the defendant there are a number of legal safeguards in place to protect you from unfair dismissal or discrimination made on the basis of your claim.
Can I claim compensation following work in Scotland, if I now live outside of Scotland?
Yes. Many of our claimants now live abroad in locations such as France, South Africa and Australia. If you worked in Scotland before you moved overseas, you can bring a claim for compensation in the usual way.
If a family member has died as a result of an industrial disease, can we make a claim?
It is possible to claim compensation on behalf of a deceased family member. However, the claim must be brought within three years of the date of death. Similarly, if the claimant dies during the course of the case, the family can continue with the claim on his or her behalf.
However, if your family member has an industrial disease and later dies from an unrelated incident, you would have three years to claim in respect of the work related illness from the date they knew or ought to have known they were suffering from the condition, not from the date of the unrelated death.
What are the time limits for industrial disease claims?
You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).
Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.