Industrial Injury Claims

Introduction

The manufacturing industry employs 10% of the British workforce but accounts for 25% of all fatal workplace accidents and 16% of reported accidents at work. The factory can be a dangerous environment and whilst there have been improvements in worker safety over recent decades there is still room for improvement.

The main source of safety improvements has been the imposition of European legislation over the last 20 years, which was built on the 1961 and 1974 Factories Acts. This legislation covers a wide area of activities in the workplace and ensures that risk assessments are at the centre of operations.

Machinery injuries and strict liability

In factories, machinery poses a particular risk. The regulations mean that if machinery is defective, for whatever reason, and this causes injury to a worker, then the employer will be liable to pay compensation for those injuries. This is one of the few examples of ‘strict liability’ in UK law, where it is not necessary to prove fault on the part of the defendant. Strict liability is imposed in this situation for the protection of workers – there is an inequality of status between the employee and employer, which would make it difficult for the employee to produce the necessary evidence to prove that a machine malfunctioned because of some negligence on the part of the employer.

Strict liability does not apply to most other work activities, so for most employees, it is necessary to prove the cause of an accident and to show that the employer was at fault in some way. Fortunately, other regulations help, because they impose various safety duties on employers. Legislation controls how machinery and other work equipment is used and how the factory is organised so that worker safety is taken into a consideration. For example, many factories have vehicles such as forklift trucks and pallet trucks moving about on the ‘shop floor’ and there are rules about how pedestrian walkways should be used to keep traffic away from pedestrians. This is an elementary safety procedure but it is surprising how many cases we come across where a factory worker has been injured by a vehicle that has been allowed to operate in an area where pedestrians are moving about.

Hazardous and toxic substances are often used in the manufacturing process, and there are regulations designed specifically to control their use to minimise the dangers to health and safety.

What are common causes of industrial injury claim?

Understanding the causes and types of these injuries is crucial for both preventing them and supporting workers through the claims process. Industrial injuries can result from a range of issues including:

• Insufficient training on the use of equipment and safety procedures.
• Unsafe working conditions, such as inadequate lighting, slippery floors, or blocked paths
• Poorly maintained, malfunctioning or misuse of machinery
• Contact with toxic chemicals without proper protective equipment
• Tasks that involve heavy lifting or repetitive movements
• Failure to provide or use appropriate Personal Protective Equipment (PPE)

What are common types of industrial injury claim?

• Respiratory diseases and skin disease
• Repetitive Strain Injuries (RSIs) such as carpal tunnel syndrome or tendonitis
• Hearing loss or damage resulting from exposure to loud noise without adequate protection
• Injuries caused by exposure to hazardous substances, including chemical burns, poisoning, and cancers
• Vibration White Finger (VWF) or Hand-Arm Vibration Syndrome (HAVS) caused by extended use of vibrating hand-held machinery

What is the law relating to industrial injuries?

In the UK, the legal framework for dealing with industrial injury claims is covered by:

• The Health and Safety at Work Act 1974
• The Management of Health and Safety at Work Regulations 1999
• The Workplace (Health, Safety and Welfare) Regulations 1992
• The Personal Protective Equipment at Work Regulations 1992
• The Provision and Use of Work Equipment Regulations 1998 (PUWER)
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
• The Industrial Injuries Disablement Benefit

How do you make an industrial injury claim?

• First and foremost, get medical treatment for your injury. This is crucial not only for your health but also because medical records will serve as important evidence for your claim.
• Notify your employer about the injury as soon as possible. Most companies have a procedure in place for reporting workplace accidents. This report will act as an official record of the incident.
• Keep detailed records of all medical treatments related to your injury. Document the circumstances surrounding your injury including dates, times, location, how the injury occurred, and any witnesses. Keep records of any expenses incurred as a result of the injury, including travel costs to medical appointments, and any lost earnings.
• Call your our industrial injury lawyers on 020 7485 8811 or complete the enquiry form below.
• One of our lawyers will arrange a time to speak with you so we can find out all the details and understand exactly what has happened. Once we have this information we’ll be able to advise you on the best course of action.

Industrial injury case study

Osbornes made an Industrial Injury claim for Mrs V, a Bulgarian lady who worked in an industrial bakery in London and spoke little English. She was operating a machine on the production line, a machine she was trained on and had no problems with before, when suddenly and without warning part of the machine, a metal block, swung out and hit her on the head, throwing her across the factory floor and knocking her out. She was unable to say what the part was and how or why it ejected from the machine and she had no details of witnesses. Proving fault on the part of her employer would have been extremely difficult, but because the machine had malfunctioned the employers were strictly liable and so she was compensated for the head injury that interfered with her work for the next three years.

What types of industrial injuries can I claim for?

We have helped clients claim compensation for a wide range of industrial injuries including:

• Arm Injury Claims
• Back Injury Claims
• Elbow Injury Claims
• Finger Injury Claims
• Hand Injury Claims
• Hip Injury Claims
• Knee Injury Claims
• Leg Injury Claims
• Neck Injury Claims
• Shoulder Injury Claims
• Wrist Injury Claims

How much compensation will I receive for my claim?

No two claims are the same so we can’t say how much compensation you will get for your claim. Compensation is split into two parts:

• General damages (based on the severity of injuries and the length of time it takes for you to recover)
• Special damages (covering current and predicted out of pocket expenses as a result of the injury – such as loss of property, medication, aids and equipment, treatment, travel and loss of income).

While we might not be able to say how much compensation you can expect to get, we are experienced in a wide range of industrial injury claims and should be able to give you an estimate, when we speak.

How our industrial injury lawyers can help

At Osbornes Law we have one of the largest industrial injury teams in London. Our solicitors have helped thousands of people make no win no fee claims to get their lives back on track following serious injuries. We have built up a strong reputation for representing clients with the following injuries:

• Head and Brain Injury
• Spinal Injuries
• Amputation and Limb Loss Claims
• Fatal Injuries

Osbornes Law is an active supporter and campaigner for the Association of Personal Injury Lawyers (APIL) – an organisation fighting for the rights of injured people. Other organisations supported by the team include Headway East London, Spinal Injuries Association and the Limbless Association.