Are you wondering how you could become involved in machinery accidents that end up as personal injury claims? It is important to note that not all workplace accidents are eligible to be included in a personal injury claim. In order to start a claim for an occupational accident, you must have been injured within the last three years and you must have received medical attention for that injury. You must also not have caused the accident yourself.
How you could become involved in machinery accidents that are eligible for injury claims
If you feel that the workplace accident in which you were hurt was the fault of another person, you may be able to start a personal injury claim. In most cases, the person (or organisation) at fault is an employer. They failed to fulfil their duty of care towards their employees.
An employer has many responsibilities to make sure that the machines present in the workplace are safe and do not cause injury. They must ensure that they have selected the correct machine for the job. Many accidents are caused by employees attempting to use a wrong machine to carry out a particular task. Typically, an employer has chosen not to buy a more expensive machine. It is also important that the machine is used according to the manufacturer’s instructions. This may involve providing specialist training to the employees who have to use the machine.
Some machines can only be used by employees who are provided with personal protective equipment such as eye goggles, ear defenders or gloves. If your employer has not provided you with this equipment, you may be able to start a claim.
Underpinning all of the employer responsibilities is the requirement to carry out a risk assessment. If your employer has not assessed the task that you were doing when you got injured, they cannot have known what the potential hazards were. Risk assessments have to be updated and acted upon – they are not just a paper exercise.
If you feel that your employer did not do any of these things, and you got injured as a result, you may be able to start a personal injury claim to get some compensation for your injuries.
Claiming for machinery accidents with Accident Advice Helpline
We have personal injury lawyers who are experts in personal injury claims involving accidents. If you would like to discuss your own case, all you have to do is call us today on 0800 689 0500 from a land line or call 0333 500 0993 from a mobile phone. Give us a call today!
Date Published: 16th August 2016
Author: Lynne Bell