If you have been injured as a consequence of negligence in maintaining and providing safe machinery in the workplace, you may be entitled to claim compensation.
It is a legal (never mind moral) obligation of your employer to ensure that all machinery is safe for use. There are many personal injury claims advisers available to assist with any questions you may have.
Injuries at work caused by machinery that is poorly maintained, or that you're asked to work on without proper training, could mean you're entitled to significant compensation that will vary depending on the injury you suffer.
In reality, all businesses would like to spend more on machinery and up-to-date equipment. Very often, these aspirations are limited by finances and an ever-competitive business environment.
However, this does not remove the legal duty of care assigned to your employer, which obliges them to ensure the safe well-being of their employees.
If this duty of care has been breached in any way, then you may well be able to claim compensation.
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Unfortunately, there are a number of machinery-related accidents which can result in some horrendous injuries. These injuries can include:-
The Health and Safety Executive has over the years issued a number of legal obligations for employers, backed up by government acts of Parliament. So, it is imperative that all employers maintain, repair and replace workplace machinery on a regular basis.
Yes. Safety equipment is amongst one of the legal obligations that your employer has - especially where you are using workplace machinery. In the event that your employer fails to provide the relevant equipment, you should make a complaint to your employer and, where applicable, your union representative.
Yes. If you are working without the relevant safety equipment first of all, this is illegal. Secondly, subtle or direct pressure from your employer to complete various employment actions without safety equipment could be deemed mental pressure.
It is important to note that the courts and the UK legal system recognise physical and mental injury/pressure on a similar level. So, you could pursue compensation for both physical and mental injuries as a consequence of negligence by your employer.
While there is a legal obligation on your employer to maintain and repair equipment, they can’t check the equipment 24/7. Therefore, if you notice a broken safety guard or other potential dangers on some workplace machinery, then you should tell your employer as soon as possible.
If they aren’t aware of a problem with their machinery, how can they be expected to fix it?
In the event that you advise your employer of a broken safety guard, they must either fix this immediately or close down the machinery until it is safe to use. Continuing to use the machinery while a “fix is organised” is simply not acceptable. It is unlikely that your employer could defend claims of negligence in this scenario.
There may be occasions where an employee didn’t follow workplace procedures when using a piece of equipment. In some cases, you may be found liable for your accident and therefore not be able to pursue compensation.
However, there may be a chance that you were only partially to blame and therefore may be able to prosecute for partial negligence on behalf of your employer.
If your employer has been found negligent in any shape or form, then it is likely you will be able to pursue compensation. However, if for example, the courts ruled that you were 50/50 negligent together with your employer, then you would only expect to receive 50% of any compensation award.
It is important to realise that there are situations where you may feel you are totally at fault, but perhaps your employer has not provided the necessary training or safety equipment. In this scenario, it would be sensible to take professional advice.
If you are pursuing a compensation claim, first of all, you will need to prove negligence on behalf of your employer/other third parties. This can be challenging, the evidence needs to be detailed and exact, and the legal deadlines/requirements are not always straightforward.
Therefore, it would be sensible to at least discuss your situation with a personal claims injury specialist.
The first thing to do is collate as much evidence as possible to back up your claim of negligence on behalf of your employer. This evidence may include:-
When you have collated as much information as possible, this should be presented to a claims management adviser for consideration.
If a personal injury claim specialist believes you have a minimum 60% chance of success, they will likely offer you a “no win no fee” arrangement. In exchange, they will also look to negotiate a success fee which is usually around 25% of any compensation award.
As a claimant, the benefit is that you have no liability for the costs incurred in pursuing your case – whether or not you are successful. The only downside is that you would need to sign over a percentage of any compensation to your advisers.
There is traditionally a three-year window of opportunity in which to claim compensation. This begins on the day of your diagnosis. In many cases, especially with machinery injuries, the date of the accident and the date of your diagnosis may be the same.
However, in some cases, you may not be diagnosed until further down the line at which point the clock will begin ticking.
All employers have a legal obligation to maintain the health and safety of their employees and to provide the relevant equipment, training and guidance. Failure to fulfil this duty of care could be seen as negligent and open the door for compensation claims.
It is worth noting that the vast majority of personal injury claims are settled out of court where the defendant admits negligence.
Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.
Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.
If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.
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