Employers in industrial settings must always ensure that they are prioritising the safety of their workforce on a daily basis. Due to the threats at play in such working environments, accidents can easily happen. 

If an accident does happen, and it was caused by your employer’s negligence, then you will have the right to make a compensation claim. 

No one should ever go to work and worry about suffering a personal injury. This is why at Ross Aldridge Solicitors, we are eager to help. 

As one of Cheltenham’s leading law firms, you can have the peace of mind of knowing you are getting expert advice for your workplace accident claim. So contact us today and we can begin the process of getting you justice.

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What are industrial accident claims?

Industrial accident claims are when an employee seeks financial compensation after they have suffered damages in the workplace caused by employer negligence in an industrial setting. 

You cannot make an industrial accident claim if you are the responsible party for the damages. 

According to statistics from the Health and Safety Executive, 138 people lost their lives due to work-related accidents. Among this number, 51 people worked in the construction sector. 

With such significant risks in these work settings, it is important that you make a claim if you have been affected by employer negligence.

What are common industrial accident claims?

There are several different types of claims that can emerge from an industrial workplace accident. Some of the common claims include:

Slips, trips, and falls are a common cause of workplace injuries. Damage sustained by such accidents can be significant, and even fatal. 

These claims include falling due to hazards, slippery surfaces or even falling from a height. 

You will only be eligible to make this claim if you have suffered due to the negligence of another. For example, a spilt substance on the ground with no warning could cause you to slip and become injured. 

Vehicles are often a common part of the working environment in industrial settings. However, they do pose a threat to members of the workforce. 

A collision or accident involving an employee and a vehicle can lead to substantial injuries, including death. This can happen when the vehicle is being operated with negligence, or correct supervision is not in place. 

If you have been injured by a vehicle, speak to our personal injury solicitors today.

Heavy machinery and equipment in an industrial workplace is used on a daily basis. It is important however that they are always used with safety protocols in mind. 

Failure to do this can result in damages such as broken bones, back injuries, and more. Contact with moving machinery, or negligence use of such equipment can result in a claim for an employee.

In an industrial workplace setting, it is important that manual handling training is provided. This will ensure that all employees have a proper understanding of how to perform their duties in a safe manner. 

Failure to provide this training could mean that an employee injures either themselves or a co-worker. Due to not providing the means to perform their duties correctly, the employer is considered responsible and a claim can be made against them.

Even when safe practice is used in the workplace, protective equipment can still be required to prevent or reduce injury. This is why it is considered negligence if an employer does not provide adequate equipment to their workforce. 

If you are injured in an accident where the damages are more significant due to a lack of personal protective equipment, you have the right to make a claim.

Common industrial accident injuries

There are various injuries a person might suffer as a result of an industrial accident. Common injuries include:

  • Broken bones
  • Fractured bones
  • Back injuries
  • Burns
  • Concussion
  • Head injuries
  • Cuts and bruising

The injuries you suffer will have an impact on how much compensation you may receive.

Compensation for industrial accident claims

The compensation that you receive for an industrial accident claim will vary depending on a number of factors, including severity and circumstance. For example, head injuries can result in payouts of between £2,000 for minor injuries, and £350,000 pounds for severe injuries. 

Once our solicitors understand what kind of accident and injuries you have suffered, we can make a more accurate estimation of how much you may receive. 

The compensation that you will receive for a successful claim will be based on both general and specific damages.

Non cost-specific damages are known as general damages. This means you will be compensated for factors such as:

  • Loss of amenity 
  • Anxiety and stress 
  • Discomfort and pain

Costs that you now face as a result of the accident can be compensated for through specific damages. This means you can be compensated for factors such as:

  • Loss of income/future income 
  • Medical costs
  • Care costs 
  • Disability adaptations of the home 
  • Travel costs 

Anyone who has suffered due to the negligence of their employer will have the right to make a workplace accident claim.

Who can be responsible for an industrial accident claim?

Your employer will be the responsible party for an industrial accident claim. This is due to the fact their negligence was the reason for your damages. 

Even if they were not at the scene of the accident or did not have a direct association with the events that occurred, they are still responsible. It is an employer’s responsibility to keep their employees safe, so any contradiction to that is considered negligence.

How to make an industrial accident claim

To make an industrial accident claim, make the following steps:

You will want to start by contacting a personal injury solicitor. This means you will receive expert guidance through your claim, and will have the best chance of a successful case.

When your solicitor has the details and an understanding of your case, they will begin to form your official claim. 

This will include compiling evidence and other important details of the accident.

When your solicitor is content with your claim, they will submit it to the defendant, your employer. 

Your employer will then be given three months to respond to the claim, either accepting or rejecting it. If they accept it, no further steps are required in your industrial accident claim.

If your employer rejected your claim, then your solicitor will assess potential next steps. This may include court proceedings, however, this is an uncommon step. 

If your case is not successful, you will not have to pay any legal fees due to our no win no fee policy.

How to support your industrial accident claim

Effective evidence for an industrial accident claim will include the following:

  • Eye witness reports
  • Medical reports
  • Independent medical examination
  • CCTV footage

Can you lose your job for making a claim?

No, you cannot lose your job for making a claim against your employer. It is considered unfair dismissal should you lose your job for making a workplace injury claim, under the Employment Rights Act 1996. 

Your employer can also not treat you any differently after you make your claim. If they are making you feel uncomfortable so that you resign, you can make a constructive dismissal claim.

How long do I have to make a claim?

You will have a three year time limit to make an industrial accident claim. There can be some exceptions to this, however, this is the general limit. 

We recommend that you make your claim as soon as possible to give you the best chance of a successful claim.

Fatal industrial accident claim

Should someone tragically lose their life in an industrial accident, family members will have the right to make a claim on their behalf. Spouses, children, siblings, parents and civil partners are all eligible to make a claim if they have lost a loved one. 

There will be a legal time limit of three years to make a fatal claim. The starting date of this limit will be the official date of death.

No win no fee solicitor

At Ross Aldridge Solicitors, we offer a no win no fee policy. This means that if your claim is not successful, you won’t have to pay any legal fees. 

This policy means that you won’t be taking any risks by trusting our team. Not only is this a significant benefit financially, but it can also give you peace of mind.

Contact us today

With decades of experience, you can be sure that Ross Aldridge Solicitors will provide you the service you need. As a no win no fee solicitors, you won’t be taking any risks when enlisting our help. 

No one should ever have to suffer an industrial accident while at work, which is why we are passionate about giving you the guidance and support you need. Contact us today and we can begin to look at your case, and advise you on the next steps to take.

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