Machinery & heavy plant accident compensation claims

What are the main causes of machinery & heavy plant accidents?

You'd be forgiven for thinking that accidents occur purely by chance or through bad luck. The reality is that machinery related injuries usually occur as the result of one or more negligent parties, meaning that you are entitled to make a claim. 

A primary responsibility of any employer is to ensure that a safe workplace is maintained. This includes comprehensive training for all members of staff, whether they are operating heavy machinery or not, as well as adequate safety features and notices on well maintained vehicles and equipment. Even if all the guidelines have been followed, faulty equipment and negligent manufacturers can be to blame for machinery accidents.

The main causes of machinery accidents in the workplace are as follows:

Poorly maintained equipment

Heavy plant machinery safety features can be rendered useless if the equipment is not properly maintained. Your employers are responsible for carrying out routine inspections and maintenance.

The wrong tools for the job

Even properly maintained machinery can be dangerous if used for a purpose for which it was not intended. Common scenarios that could cause machinery related injuries include the overloading of lifting equipment or using forklifts to lift workers up to unsafe heights. Once again, it is your employer's responsibility to ensure that the correct equipment is available at all times, as well as to provide sufficient training in each vehicle or machine's specific uses.

Inadequate safety features

Lights and alarms are essential for alerting workers to the presence of a nearby vehicle, or a malfunctioning piece of machinery that requires immediate shutdown. Mirrors, motion sensors and horns can help a forklift, crane or digger operator spot and alert workers who might be in harm's way. And machine guards are essential for ensuring that workers do not get themselves or any body parts caught in moving heavy machinery.

Without these safety features, or where they have not been installed to the required standards, workers are at risk of suffering a machinery related injury such as a vehicle impact, crushing or electrocution.

Overcrowding

Your employer is responsible for ensuring that only essential personnel are in the vicinity of heavy machinery. Proper signage and barriers should indicate no-go areas and there should be clearly defined limits on the amount of people permitted in scenarios where moving vehicles are operating. Not only does a crowded workspace create distractions for heavy machinery operators, increasing the risk of them having an accident, it also puts others needlessly at risk. 

Poor communication

Industrial workplaces can be loud and disorientating. It is imperative that signals and speech are both heard and understood. Without adequate training on the correct communication protocols, workers are at risk of being struck or crushed.

Lack of personal protective equipment

Boots, gloves and faceguards are essential for protecting heavy machinery operators from hazards. As well as lessening the risk of injuries caused by machinery, PPE can project against injuries as a result of falls. Employers who cut costs by not investing in the required equipment, or who fail to replace worn out or faulty PPE, are putting their workers at risk. 

If a lack of adequate PPE, or indeed any of the above examples of negligence, caused you an injury, you could be entitled to make a claim. Speak to one of our helpful and supportive team today on , who will help you understand if you have a claim for your machine accident.

What are the most common injuries caused by machinery?

Heavy machinery can cause all manner of injuries, ranging from minor to career ending, life changing or even fatal. No matter how insignificant you may feel your machine related injury is, or even if you feel partly to blame for it, you may have grounds to make a machine accident claim and win appropriate compensation. Speak to our friendly and supportive team today, who will be happy to help.

Common injuries caused by machinery can include:

• Broken bones or fractures
• Scalds & Burns
• Arm and hand injuries
• Sprains
• Blunt force trauma
• Dismemberment
• Brain injury
• Hearing loss
• Eye injuries
• Cuts
• Fatalities

If you've had to take time off work, been hospitalised or suffered a disability that prevents you from returning to work as a result of a heavy machinery or plant accident, talk to us today on about making a claim for the full compensation to help you get back on track.

What should I do if I am injured in a machinery accident in the workplace?

Aside from ensuring that you are able to access the medical attention that your injuries demand, it's important to be able to rest and recuperate following a machinery accident in the workplace. When you are ready to make a claim, we are here to listen and understand what has happened to you. Ways that we can assist include helping you to recover the financial costs of any time taken away from work, as well as the funds required for any physiotherapy or post-operative care. And we'll never pressure you into making a claim.

While we can't fully understand what you're going through, we can use our experience to help you recover your lost earnings and help you take the first steps to getting your life back.

If you're ready to start your compensation claim or are looking for free advice and information, call us today for free on . You could be speaking to us in minutes.

Or, if you'd rather we call you, just leave your details in one of our call back forms and we'll call you back as soon as we can during normal opening hours.

What is my employer's responsibility in keeping me safe when using heavy machinery?

Your employer is required by the Provision and Use of Work Equipment Regulations 1998 (PUWER) to minimise the risk to you where dangerous machinery is used. That means there are clear regulations outlined by the Government regarding your safety in the workplace.

These include making sure all dangerous machinery is:

• Used for the correct task
• Used by employees who have the correct training and experience
• Safe for use, and inspected regularly
• Equipped with the right safety protection, warnings and emergency stop buttons

Where dangerous machinery is used, your employer must consider the dangers to you and your colleagues and take them very seriously. Failure to take action by your employer means they were negligent in their duty to you, as outlined in PUWER.

Your employer is also responsible for any dangerous equipment not supplied by them, as long as it's in a workplace that they're responsible for.

With that in mind, if your company provided a defective piece of machinery, or provided you with equipment that was not fit for the task at hand, and you suffered a machine related injury, then we can help you make a compensation claim.

You may also be able to make amachine accident claimagainst your employer if they failed to provide you with the correct training for the piece of machinery you were handling, or if they didn't tell you about the risks involved in using dangerous machinery.

Your employer has to take your safety seriously. While we know most employers do consider their employees' safety, there are instances where companies fail to consider the risks posed to you and your colleagues. Where this has happened in your workplace, then you're entitled to compensation.

If you've experienced any of the above, we can help you start a claim for compensation that can help you get back on your feet and cover any costs that you've incurred due to your injury.

Please contact us for free on . We're here to listen and advise you. You are under absolutely no pressure to claim when you do contact us.

Can I make a compensation claim?

The easiest way to find out if you have a claim for your machinery related injuryis to give us a call on for free. We can tell you in minutes if we think you have a claim and what the next steps are.

However, it's likely that you can make a successful compensation claim if you answer ‘yes' to the following three questions below:

• Did yourmachinery accidenthappen within the last three years?
• Were you injured as a result of your accident?
• Was somebody else at fault for your accident?

We know that it can sometimes be confusing to know whether someone else was at fault for your accident, especially if it happened at work. We can talk through this with you when you call us.

Can I claim if I'm self-employed or a contractor?

As stated by the law, yes, you can make a machine accident claim if you were injured whilst working as a self-employed contractor. There are certain scenarios where working in a self-employed capacity doesn't carry the same rights as a permanent employee; however an accident at work is not one of them.

As a sole trader, being unable to work as the result of a machinery accident in the workplace likely means no sick pay, something that can put a real strain on your finances. However, if you suffered an injury that wasn't your fault, you may be able to make a compensation claim.

As stated in the Health & Safety at Work Act 1974, self-employed workers can be afforded the same protections as a permanent member of staff.

To find out more about claiming compensation for injuries caused by machinery and the steps our friendly team will help you undertake, visit our self-employed and subcontractor injury claims page.

Can I claim if I'm on a zero hours contract?

Yes, you can make a claim if you were working a zero hours contract when you suffered an injury. The aforementioned Health & Safety at Work Act 1974 means that those on zero hours contracts are entitled to the same duty of care from an employer as a full-time worker. If this duty of care is neglected and results in a machinery accident, as a zero hours contract worker you have the right to make a no win no fee accident at work compensation claim.

Responsibilities that fall under an employer's duty of care to its zero hours employees working with heavy machinery are exactly the same as for other workers. These include:

• Training you to operate heavy machinery or vehicles efficiently and safely
• Informing you on all of the risks to your health and safety as a result of working with machinery
• Advising as to how these risks are controlled and who is responsible for controlling them
• Carrying out regular inspections of heavy machinery and updating any faulty or out of date equipment
• Issuing you with adequate PPE
• Ensuring warning signs and notices are clearly visible
• Providing a safe working environment with on-site first aid facilities and guidance on how to act in an emergency.

If you, whilst working a zero hours contract, feel that your employer failed to carry out any of the above, resulting in machinery related injuries, then you could be entitled to make a compensation claim. Get in touch with our friendly team today on and speak to somebody who will understand and support you from the very first point of contact, or alternatively you can start your claim online today.

Can I make a claim if I'm injured using machinery outside my workplace?

Regardless of whether a machinery accident occurred at or outside of your usual workplace, if you were injured as a result of it and it was somebody else's fault, then you have grounds to make a claim. At all times when under contract - and therefore duty of care - of an employer, they are responsible for taking all reasonable steps to ensure your safety, regardless of whether you are working on or offsite. 

If you suffer a machinery related injury outside of the course and scope of employment, for example in your free time, you may still be entitled to make a claim against the equipment manufacturer if the equipment is defective or lacks appropriate safety features. If you are in any doubt as to your eligibility to make a machine injury claim for an injury suffered outside of work, our personal injury advisors will be happy to speak to you. Give us a call on - we're open seven days a week.

Will I need to attend a medical examination?

Any evidence or information that can be used to support your machine injury claim will provide you with the best possible chance of getting the maximum compensation. Upon starting the claim process, your solicitor will arrange a free medical assessment for you. An independent specialist will examine your injuries and submit a report to support your claim. The practitioner will be a specialist in the field relevant to your injury and understand the legal aspects of machinery related injuries.

The medical usually starts with a Q&A session about your machine injury and impact it may have had on you physically, financially and emotionally. The specialist will ask you about the extent of your injuries and whether you have any pre-existing medical conditions that have been made worse by your accident. They'll want to know if you have already received any treatment, how long you have needed to take off work and if your day to day activities have been affected. 

They'll then conduct a physical examination to assess your injuries, advise on the treatment and length of time required to take off work to heal and finally compile a report for your solicitor. Most appointments take as little as 20 minutes from start to finish.

To understand more about the machinery related injuries claims process, our claims process page explains the legal steps that your solicitor will carry out on your behalf at every step of the process.

How much compensation could I receive?

Although we've helped people just like you claim for machinery accidents in the workplace, we're unable to advise exactly how much your compensation might be before you claim.

This is because your compensation is calculated on the effect your injury has had on your life and finances. Things like your annual salary, the severity of your machine injury and any additional spend since your accident affect your compensation amount. Every accident is unique, and we take a bespoke approach to each case.

When you make a machine injury claim, your solicitor will consider two types of damages in assessing how much compensation to claim from your employer's insurance company.

• General damages: Compensation received for the pain and suffering inflicted by your injuries and the impact they've had on your life.
• Special damages: Compensation relating to any financial expenses or losses suffered as a direct result of the machinery accident (i.e.: lost earnings).

The nature of your injury or illness, how severe it was and the overall impact it has had on your life will all determine the amount of damages you could be paid. A minor brain or head injury may pay out between around £2,000 and £12,000, whereas an injury resulting in post-traumatic stress disorder could see you receiving up to £56,000 in compensation. 

Check out our handy claims calculator, where we'll estimate the potential value of your injury claim. 

What is the time limit for making a machinery or plant accident compensation claim?

In order to stand the best chance of receiving compensation for a heavy plant or machinery accident, you should usually have suffered the injury within the last three years if you were 18 or over when the injury happened or you became aware of it. 

If you were under 18 at the time and no claim was made before you were 18, you have three years from your 18th until your 21st birthday to claim.

There are exceptions to the three-year limitation. For instance, there is no time limit if the victim experienced such a severe injury they can't make the claim themselves. This also applies if they for any reason lack the psychological capability to do so.

Give us a call on to get the ball rolling today.

How long will my machine accident compensation claim take?

The time it takes to reach a settlement in a successful machine accident claimcan vary from case to case. It will depend on the complexity, type and severity of your injury, plus the time it takes to gather the necessary evidence from all parties involved.

As it is your employer's responsibility to ensure that a machinery accident in the workplace is avoided, this means there is a defined other side, helping to reduce the time required to gather evidence. However, the process will be lengthened if they challenge their liability in court. How long your case takes will always depend on your individual circumstances

Will I need to go to court?

Around 95% of our cases are settled without the need to go to court. If your case does end up in court, your solicitor will be on hand to support you through the process at every step, providing clear information on what to expect at all times, meaning that you don't need to worry.