Factory and Manufacturing
Accident Claims

Falling from a height is one of the most common workplace injuries according to the Health and Safety Executive (HSE), and can occur in a factory setting.

Working at height can sometimes be a necessary feature of factory work and is one of the most dangerous parts of any job.

Legislation is in place to minimise the risk of falling from a height at work under the Work at Height Regulations 2005 (WaHR). If working at height is part of your role. Legislation under The Work at Height Regulations 2005 states that employers should take reasonable steps to any risks and protective measures should be taken.

The Work at Height Regulations 2005 defines working at height as where a person could fall a distance that can cause personal injury. This could include any work that involved climbing a ladder to move goods or working above ground level.

What should employers do to prevent falls from height?

Legislation states that employers should conduct sufficient risk assessments of the workplace to ensure that certain safety measures are in place to protect their employees.

An employer has a duty of care to ensure that their employees are safe whilst at work and protect them from danger as much as is reasonably possible.

Depending on the height, safety harnesses should be worn. Restraint lanyards could also be used to prevent the employee from reaching the edge of an area where they’re at risk of falling.

Method statements should also be prepared for every task. This should set out: the risks involved with that particular task, and how to perform the task in a safe manner that should prevent injury.

Risk assessments should make sure that:

• All risks are documented
• All surfaces are sturdy and free from obstacles, wherever possible
• All equipment is in good working order with minimal risk of malfunctioning while performing the task
• All appropriate training has been undertaken by the employees carrying out the task so that they are safe and know the risks involved and what to do in case of an emergency
• Employees are provided with PPE (personal protection equipment)
• Steps must be taken to minimise the distance and consequence of any potential fall

What are employees’ responsibilities when working at height?

Even though employers have a duty to ensure that the employees are safe, the employees also have a general legal duty to take reasonable care of their own health and safety, as well as other employees. You must have a sensible, pragmatic approach when working at height to prevent additional risks.

Employees must undergo sufficient training in this area before carrying out any task and make sure that they are competent for the task. They must have sufficient skills, knowledge and experience to safely complete the task.

Work undertaken must be pre-planned before starting the job. For example, what tools and materials will need to be used, consideration of the weather, etc. If provided, all appropriate PPE must be worn. If any PPE or machinery is faulty, this must be reported straight away to the Health and Safety Inspector.

If reasonable steps are not taken to protect your own health and safety and you are involved in an accident, that could have been easily prevented, you may be unable to pursue a claim.

Manual handling can be dangerous if the appropriate equipment is not provided. The Manual Handling Operations Regulations 1992 set out the rules and regulations which should be adhered to. Unfortunately, there are often breaches of these regulations which can lead to accidents occurring.

In factories, common examples of where things can go wrong include inadequate lifting equipment, insufficient staffing levels, or a general lack of training. If you are asked to lift an item weighing 20kg above head height, for example, your employer is in breach of the manual handling guidelines and if you suffer an injury they should be held accountable.

If you have been injured due to lifting, pushing, or pulling something you must report your accident to your employer immediately. If possible find out the weight of the item you were moving.

Factories can be dangerous if they are not appropriately organised and kept safe. The Workplace (Health, Safety and Welfare) Regulations 1992 set out the rules and regulations which should be adhered to. However, there are often breaches of these regulations which can lead to accidents occurring.

Some slip and trip accidents in factories include employers failing to keep walkways clear of tripping hazards, such as boxes, pallets, and plastic coverings, or slipping hazards such as recently mopped floors or spillages.

In these types of claims, it is essential to establish what has caused the trip or slip and whether the employer could have reasonably been expected to keep the area clear.

If you have suffered a trip or slip at work, you must report your accident to your employer immediately so they can investigate the cause of the accident. Seek medical attention from a first aider and get medical advice from your GP or local hospital.

Factory work has the risk of exposing workers to faulty equipment or machinery which could cause harm to workers. The Provision and Use of Work Equipment Regulations 1998 set out the rules and regulations which should be adhered to, including ensuring machinery is properly inspected and maintained.

We deal with a range of accidents due to faulty equipment, whether this is an exploding machine or machines failing to stop.

If you have been injured due to faulty work equipment you must report your accident to your employer so they can investigate the cause. Seek medical attention from a first aider and get medical advice from your GP or local hospital.

Maintenance and proper use of equipment are essential to keep employees safe. A faulty piece of machinery, just a missing cog or screw, can cause the machine to fail and become extremely dangerous.

Hand injuries are particularly common, with it being necessary to operate machinery manually or fix problems when equipment fails.

The Personal Protective Equipment at Work Regulations 1992 sets out the rules and regulations which should be adhered to, however, unfortunately, there are often breaches of these regulations which can lead to accidents occurring.

In factories, common examples of this include defective goggles, gloves or footwear, which may not be adequately maintained.

Sometimes the PPE provided is not suitable at all and a better product may be available and not used. In some cases, PPE is available, but training has not been provided as to how to use it.

Accidents can happen in factories if you haven’t received the appropriate training. Whilst different regulations apply to the workplace regarding training, general provisions can be found in The Management of Health and Safety at Work Regulations 1999.

Common examples of accidents which have occurred due to inadequate training include injuries caused by complex work equipment, a failure of an employer to advise about the correct personal protective equipment and inadequate manual handling training.

Sometimes your employer may seek to blame you for the accident, however, if they have failed to train you, then you may still be entitled to compensation.

A common cause of injuries at work is due to the negligence of fellow workers. Your employer can be ‘vicariously liable’ for the actions of other workers, so the claim could run against your employer rather than your colleague personally.

It could be a practical joke gone wrong, a colleague leaving an item on the floor for you to trip over, or even a colleague colliding with you in a forklift truck.

If you have been injured by another worker, you must report your accident to your employer so statements can be taken from those involved. Seek medical attention from a first aider and get medical advice from your GP or local hospital.

Workmates are essential for helping to get tasks done, but a mistake by a colleague can have catastrophic consequences in certain situations.

Employers are responsible for the actions of all employees and ultimately, if a workmate has caused you to be involved in an accident, your employer is responsible for the resulting injuries.

If you are injured at work, you need to do the following:

• Report it to your employer as soon as possible, or if nobody is available – ensure you have reported it by sending an email/text to your line manager so there is written proof of the accident
• Log the accident in the Accident Book or write it down and ensure a copy/photograph is kept
• Take photographs of where your accident happened, any defective equipment and details of witnesses willing to provide evidence
• If you are injured you must seek immediate medical advice either at your GP surgery or the local Accident and Emergency department. Make them aware it was an accident at work and what happened. This will assist your case as there will be further proof of the circumstances.

If you cannot drive, call an ambulance. It may be that if the circumstances of the accident are due to a dangerous situation that you talk to your union representative or it is reported to the Health and Safety Executive (HSE) using the RIDDOR reporting (Reporting of Injuries, Disease and Dangerous Occurrences Regulations).

If you have had a fall from height, the first thing you should do is seek medical attention. Your health takes priority. No matter how minor your injuries seem, adrenaline usually kicks in and you may not know the initial damage caused.

If you receive first aid at the scene of the incident, we still recommend going to the GP or local hospital. This medical check-up will also serve as evidence of your injuries are the circumstances surrounding the incident.

Once you have received medical treatment, you should report the incident to your employer (if you haven’t already done so). Make sure an accident book entry is recorded correctly, that all the information is correct and that it is signed by the relevant people.

RIDDOR

In certain cases, such as loss of consciousness, your accident must be reported in compliance with the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 (RIDDOR). For the purposes of RIDDOR, an accident is a separate identifiable, unintended incident that causes personal injury.

They will need to carry out a full inspection of the incident. It is important to have documented evidence, as this will help prove the accident happened and that the injuries you have sustained are a result of the incident.

You should obtain the names and contact information of any witnesses, or information of anybody who was involved in the accident.

Whether you are an employee, agency worker or contractor you may be able to claim for an accident at work.

To make an Employer Liability claim, legal proceedings must be commenced within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a compensation claim.

If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death.

At the time of the accident, it can be beneficial to gather as much evidence as possible to support your claim. This can include images of faulty equipment or the working environment.

The amount of compensation you are awarded will depend on the severity of your injuries, the circumstances of the accident and the effect it has had on your life.

You may be awarded general damages which relates to the pain, suffering, and loss of amenities of life that are evidentially linked to the accident at work directly.

The Judicial College Guidelines, which set out financial brackets for common types of injury will be used to assess damages based on the affected body parts and the type and severity of the injury.

Precedent case law is also relied on to support the valuation and consideration must also be given to whether you have had a pre-existing disability or whether the injury accelerated a pre-existing condition.

Even where the older injury may not be symptomatic at the time of the accident, it is something that will have to be considered and would affect the value of your claim.

Special damages may also be used to compensate for any financial losses or out-of-pocket expenses as a result of the accident at work. This would include (but not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers.

This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as the Smith v Manchester award. This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment.

If you are unable to do tasks like gardening, or walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for. However, an injured person has a duty to take reasonable steps to minimise their losses/expenses.

This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award.

Oakwood Solicitors Ltd is an expert in Employers’ Liability cases and has over twenty years of experience in running and pursuing these cases.

We will ensure that we update you at every stage of the case and you will have a dedicated handler from the very beginning. It can be very stressful after an injury and our team can assist you by breaking down the legal jargon during the process and listening to you.

When you instruct us, you can expect a friendly, down-to-earth approach together with extensive knowledge of the field which will be used to fight tenaciously with the insurers to achieve the maximum level of compensation possible for you.