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Work Accident – Machinery

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Accidents At Work Claims Involving Machinery

As accident at work compensation claim solicitors, we understand that factories and other places at work are full of potential hazards resulting in an accident at work causing injury.  The chances are you have been affected personally or know someone who has suffered an accident at work.   Accidents at work happen everyday, over 2 million accidents each year.

For each accident at work involving injury there is an individual story.  We will consider each case sympathetically.  We understand that each case will be decided on its own particular facts.  We know it can be a worrying concept for a worker to sue his/her employer.  Don’t worry, as it is the employer’s insurance company who will pay for the accident at work compensation.  We will advise and guide you throughout.

Common Accidents At Work

The most common types of accidents involving machinery involve the upper limbs such as fingers, hands, arms and other body parts most commonly affected being the spine, head, head, eyes, skeleton and skin.   Any of these accidents at work or injuries can lead to a successful compensation claim.

Who Is Liable For The Accident At Work

Employers have a duty of care to all workers. This means that they must take suitable steps to ensure the safety of all workers, including carrying out a risk assessment on any machinery used by workers and provide suitable training and guidance on use.  Naturally all moving parts must be securely fenced and guarded.  Without all reasonable steps being undertaken, if a worker suffers an injury at work a claim for compensation may be made.

Worker To Blame For The Accident At Work

However the law is not all against the employer.  Workers also have a duty of care to themselves and to others to avoid the risk of injury. Therefore a worker may still be found partly responsible for his or her own injuries (this is known as ‘contributory negligence’). For example, if a worker knew that using a piece of machinery in a particular way could cause injury, and continued to use it in this way, resulting in an accident or injury at work, the worker would be considered partly responsible for that injury.

This does not mean that the worker cannot claim compensation at work, it simply means that the accident at work compensation will be reduced to how much the worker was at fault.   Thus if the full value for the injury at work was £10,000 and the worker was found to be 25% to blame for the accident at work, the compensation will be reduced to £7,500.

Accidents At Work And The Law

The law protects workers, from the 1961 Factories Act to a series of Regulations such as The Control of Substances Hazardous to Health Regulations 2002 (COSHH), which requires employers to control substances that can harm workers health. The Provision and Use of Work Equipment Regulations (1998) requires that all equipment provided for use at work are safe to use, maintained regularly and that adequate instruction and training on its use are undertaken.  There are further Regulations in place that protect all workers making an accident at work compensation claim possible in majority of personal injury claims.

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