How To Claim If Injured While Working On A Production Line
Throughout this guide, we will cover key areas of claiming after being injured while working on a production line. In this scenario, you would be claiming for an accident at work.
The Health and Safety at Work etc Act 1974 provides rules that employers must adhere to in order to ensure that the workplace and its tasks are reasonably safe for employees. As we go through the guide, we look closely at what this means when making a personal injury claim for an accident in the workplace.
Additionally, evidence is an important factor in succeeding in a claim. For this reason, we will highlight some examples of decisive evidence you can try and obtain.
You can contact us for free today to answer any questions you might have and check whether you’re eligible to claim. In some scenarios, a solicitor from our panel might offer to represent you.
Select A Section
- How To Claim If Injured While Working On A Production Line
- What Could Cause A Production Line Accident?
- Evidence Supporting Workplace Accident Claims
- Examples Of Settlements For Production Line Accidents
- Could A No Win No Fee Solicitor Help Me To Claim Compensation?
- Learn More About What To Do If Injured While Working On A Production Line
In order to be eligible to claim after an accident at work, there must have been negligence on behalf of your employer. Covered under section 2 of the Health and Safety at Work etc. Act 1974 is the duty of care that employers owe to all their staff and anyone using their premises. This is to take steps to ensure the reasonable safety of employees while they are at work.
To be eligible to make a personal injury claim following an accident at work, the onus will be on you to prove negligence.
As such, the eligibility criteria for negligence are as follows:
- Firstly, you must prove that your employer owed you a duty of care.
- Secondly, prove that there was a breach in the duty of care.
- Thirdly, this breach caused your injury.
How Much Time Do I Have To Claim If Injured While Working On A Production Line?
In general, the limitation period is three years from the date of the accident, this is outlined under the Limitation Act 1980.
Although, the limitation period can be extended due to the lack of mental capacity of a claimant. In this scenario, the claimant would have three years from the date of regained capacity, or they could claim through a litigation friend while the time limit is suspended.
A litigation friend is an adult appointed by the court to act on behalf of a claimant. As such, they can also claim on behalf of children under the age of 18. Please note a child’s limitation period is three years from the date of their 18th birthday.
Aimed towards giving you a better understanding of how being injured while working on a production line could be caused by employer negligence, we have offered some examples below:
- Improper maintenance of machinery leading to production line equipment becoming defective and failing. This could lead to an injury to your hand, in this case you might be able to make a hand injury at work claim.
- Poor layout or assembly or a lack of guards. The production line could be lacking the necessary safety procedures. This could lead to a trapped finger, in this scenario, you might be able to make a finger injury at work claim.
- Poorly designed production lines that cause repetitive strain on the production line workers might cause injuries such as a shoulder injury at work.
- Injuries that happen due to accidents caused by inadequate training.
In order to prove negligence, it is important to provide evidence to support your claim. Below, we have offered some examples of evidence you might be able to use to prove negligence.
- CCTV footage. Learn how to request CCTV footage of yourself.
- Maintain a diary of your treatment and symptoms.
- Report the accident in your accident at workbook.
- Medical records. Read how to get your medical records.
- Photograph the accident site and injuries.
- Take note of the contact details of potential witnesses.
An advisor can answer any questions on how to make your workplace injury claim.
Typically, you will claim for damages from two heads of claim. The primary head of claim is known as general damages, which accounts for the pain and suffering caused by the injury. Below we will attach a compensation table for personal injury claims. Please note the figures in this table are taken from the Judicial College Guidelines (JCG). This is a publication used by legal professionals to help calculate the general damages head of a claim.
Injury Value Notes
Blindness In the region of £268,720 Complete blindness in both eyes.
Severe back injuries (i) £91,090 - £160,980 Spinal cord and nerve root damage leading to a combination of serious consequences.
Loss of one hand £96,160 - £109,650 Upper end of bracket where hand involved is the dominant one.
Severe leg injuries (ii) £54,830 - £87,890 Injuries leading to permanent problems with mobility.
Serious damage to both hands £55,820 - £84,570 Causing permanent cosmetic disability and loss of function.
Severe fractures to finger Up to £36,740 Partial amputation and deformities, impaired grip, reduced function.
Less severe arm injuries £19,200 - £39,170 Significant disabilities but a substantial degree of recovery will have taken place.
Moderate knee injuries (i) £14,840 - £26,190 Dislocation, torn cartilage or meniscus resulting in minor instability, wasting, and weakness.
Moderate shoulder injuries £7,890 - £12,770 Soft tissue injuries with more than minimal symptoms persisting after two years.
Minor eye injuries £3,950 - £8,730 Struck in the eye, exposure to fumes, splashed by liquids causing initial pain.
It must be remembered that these figures are guidelines and are not guaranteed sums.
Types Of Payout For Special Damages
Concurrently, you may also claim for special damages, the other head of claim. In sum, this recoups any financial losses caused as a result of your injury. Some examples could include:
- Travel cost.
- Loss of income.
- Future loss of income.
- Medical care.
- Adaptations to home and vehicle.
It is important to remember to keep hold of any receipts, invoices or payslips as evidence.
You can find more information here regarding how to calculate special damages in your injury claim.
Due to the financial benefits of claiming with No Win No Fee solicitors, they are a popular option.
To begin with, when a No Win No Fee solicitor represents your case, they may ask you to sign a Conditional Fee Agreement. This is a form of a No Win No Fee arrangement; it means there will be no upfront solicitor fees or any solicitor fees as the case moves forward. If the claim is not successful, you will also not need to pay the solicitor for the service they have provided.
Following a successful claim, a success fee will be deducted from your compensation. Furthermore, the success fee is a percentage of the compensation, and it is legally capped by the Conditional Fee Agreements Order 2013, meaning you can’t be overcharged.
To answer any questions about what percentage do solicitors take, go on our website.
If you believe you have a legitimate claim, contact us today, we can connect you with a solicitor from our panel who has experience dealing with claims similar to your own.
This section will include extra resources you might find useful if you have been injured while working on a production line:
Learn more about damages you could be awarded for a warehouse accident claim.
Read more on proving liability after an accident at work.
A guide answering, can you make a new employee claim?
For more information on if you can return to work after an injury.
A guide answering, will suing an employer create problems?
Learn whether you can claim for injuries at work caused by a lack of safety goggles.
Some external links that you might find useful:
NHS – First Aid after an accident.
HSE – Risk assessments.