How To Claim For Being Cut By A Defective Machine At Work
This guide explains when you could make a personal injury claim for being injured after cut by a defective machine at work and the process involved in doing so. We discuss who might be eligible to make an accident at work claim by looking at the criteria that need to be met in order to have valid grounds to pursue compensation. We also look at the evidence you could collect to strengthen your case.
Additionally, we discuss the duty of care your employer owes you at work and as you carry out your work-related duties. You can also find examples of how you could be cut by defective machinery at work and the injuries it could lead you to suffer.
Furthermore, we explain how accident at work compensation payouts are calculated and how they aim to address the way your injuries have impacted your life.
If you require any further information regarding your potential claim, please contact an advisor. They can answer your questions and offer free advice 24/7. To get in touch, you can:
Jump To A Section
- When Could You Claim For Being Cut By A Defective Machine At Work?
- What Lacerations Or Cuts Could Be Caused By A Defective Machine At Work?
- How To Claim For Being Cut By A Defective Machine At Work
- Examples Of Payouts For Accident At Work Claims
- Why Choose No Win No Fee Accident At Work Claim Solicitors?
- More Advice On Claiming For A Workplace Accident
A duty of care is placed on employers by the Health and Safety at Work etc. Act 1974. It states that they must take reasonable and practicable steps in order to prevent employees from sustaining an injury at work.
Additionally, the Provision and Use of Work Equipment Regulations 1998 outlines the duties on people and companies who own, operate or have control over work equipment, as well as businesses and organisations whose employees use work equipment even if it is not owned by them. They have a responsibility to ensure equipment provided for use at work is, for example, safe and suitable for the intended use, maintained in a safe condition as well as used only by those who have been trained adequately.
If your employer failed to do so and this led to you being cut by a defective machine at work, you may wonder whether you could make a personal injury claim. In order to do so, you need to prove the following:
- Your employer owed a duty of care to you at work or whilst you were working.
- Your employer breached this duty of care.
- As a result of this breach, you suffered an injury.
For more information on the eligibility criteria and the time limits, please contact an advisor on the number above.
There are several ways an employee could be cut by a defective machine at work and different injuries that could be sustained. For example:
- When using a faulty electric saw on a construction site, an employee sustains several cuts and lacerations to their arm in a construction site accident.
- The emergency stop button on a conveyor belt in a factory does not work. It hasn’t been fixed despite the issue being reported. As a result, an employees hand becomes trapped causing severe cuts and lacerations.
- The brakes on a forklift truck are faulty. As such, when an employee uses the machine, they crash and sustain cuts to their legs.
To discuss your specific workplace accident and find out whether you could be eligible to make a personal injury claim, please contact an advisor on the number above.
Evidence can help prove employer liability by showing that there was a failure on your employer’s part to uphold their duty of care and that this caused you to sustain an injury. As such, it could benefit both you and your claim to gather the following:
- Photographs of the faults with the machinery, if visible, and any injuries.
- CCTV footage of the accident taking place.
- A copy of the log in your workplace’s accident report book of your accident.
- A diary of that shows your physical and psychological state after the accident.
- Records of your medical care, such as copies of scans and test results.
- Contact information of any witnesses.
If you choose to work with a solicitor from our panel, they can help you collect evidence for your workplace injury claim. Find out more about their services by calling the number above.
If you make a successful personal injury claim for being cut by a defective machine at work, you could receive a payout comprising the following heads of loss:
- General damages: Compensating for the pain and suffering of your injuries, both physical and psychological. Solicitors can use medical evidence and guideline award brackets from the Judicial College Guidelines (JCG) to help them value your injuries.
- Special damages: Compensating for the financial losses incurred due to your injuries. This can include lost income if you have had to take time off work. Evidence, such as payslips can help prove any losses.
The table below contains figures from the JCG. Please use these as a guide only.
|Injury||Severity||Compensation Bracket - Guidelines||Notes|
|Facial Disfigurement||Very severe (a)||£29,780 to £97,330||A disfiguring cosmetic effect and severe psychological reaction.|
|Less Severe (b)||£17,960 to £48,420||A substantial disfigurement with a significant psychological reaction.|
|Scarring To Other Parts Of The Body||Several noticeable laceration scars or one disfiguring scar||£7,830 to £22,730||These are on the legs, arms, hands, back or chest.|
|One noticeable scar or several superficial scars||£2,370 to £7,830||These are on the arms, legs or hands causing some minor cosmetic deficit.|
|Knee||Moderate (b) (ii)||Up to £13,740||This bracket includes bruising, twisting and laceration injuries.|
|Foot||Modest (g)||Up to £13,740||This bracket covers straightforward foot injuries, such as contusions and lacerations where a complete or near complete recovery is made.|
|Hand||Moderate (h)||£5,720 to £13,280||Deep lacerations and penetrating wounds are covered in this bracket.|
|Elbow||Moderate to minor (c) (iii)||Up to £12,590||Lacerations with no permanent damage or function impairment.|
|Leg||Less serious (c) (iii)||Up to £11,840||Complete recovery from soft tissue injuries, cuts, lacerations and bruising.|
Call our team for further guidance on how compensation for successful workplace accident claims is calculated.
If you are eligible, you could instruct a No Win No Fee solicitor from our panel to begin working on your case. They could do so via the terms of a Conditional Fee Agreement (CFA). With a CFA, you will not typically have to pay your solicitor for their work if they lose your claim. Similarly, you do not have to pay anything for their services before or during the claims process.
If your claim succeeds, your solicitor will take a percentage of your compensation as their success fee. This is subject to a cap as per the law ensuring you keep the majority of your payout.
To find out more about whether you could be eligible to make a personal injury claim after being cut by a defective machine at work and whether a solicitor from our panel could help, contact an advisor. You can reach them via the following contact details:
For more of our useful guides:
- Learn what happens if you don’t report an accident at work.
- Find out how to claim compensation for a jagged object wound.
- See who pays your compensation for a work-related injury.
For more of our external resources:
- Health and Safety Executive – A guide on a work equipment and machinery.
- NHS – Guidance on lacerations and incised wounds.
- GOV.UK – Information on statutory sick pay.
Thank you for reading our guide on when you could claim after being cut by a defective machine at work. If you have any other questions, please contact an advisor on the number above.
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