Workplace Machinery Injury Claims Explained

15 March 2017

By Personal Injury Lawyer & APIL Senior Litigator Shirley Luke

All workers operating machinery in a workplace should be able to do so safe in the knowledge that there are no risks, or dangers to personal safety. Sadly this is not always the case and injuries can arise for numerous reasons. When this happens there can be serious consequences, and it’s very important to get legal advice from a Personal Injury Lawyer as soon as possible.

Most accident at work claims can be dealt with on a No Win No Fee basis.

How to Support Your Work Injury Claim

If you are injured in an accident caused by dangerous machinery at work it’s a good idea to take the following steps as it will help to support your personal injury claim:

  • Report the accident to your supervisor
  • Ask for a copy of the Accident Book report
  • If possible take photos of the faulty machinery, or a note of the make and model
  • Obtain details of any witnesses to your accident
  • Keep all receipts and a note of all expenses arising from the accident.

Common Causes of Machinery Accidents at Work

Faulty Machinery – The Provision and Use of Work Equipment regulations 1998 (PUWER) applies to all companies who own, operate, or have control over work equipment, including hired equipment, or equipment provided by the employee. Employers are under a duty to inspect and maintain equipment and ensure it is fit for purpose.

Providing Appropriate Protective Gear – Personal Protective Equipment Regulations 2002 and the Personal Protective Equipment at Work Regulations 1992 (as amended) outline the regulations which will protect the user against health or safety risks at work. It can include items such as safety helmets, gloves, eye protection, high-visibility clothing, safety footwear and safety harnesses.

One of the most effective ways to reduce the risk of injury while using any machinery is by wearing the recommended protective gear for that particular equipment, such as safety goggles, a hard hat, well-fitting gloves, heavy-duty boots and flame-retardant clothing.

Adequate Training – it is important that proper training is provided on how to operate machinery and which safeguards to apply. Quite often inadequate training and supervision are provided and this can result in serious injuries.

Who is an Employee?

Someone who works for a business is probably an employee if most of the following are true:

  • They’re required to work regularly unless they’re on leave, for example holiday, sick leave or maternity leave
  • They’re required to do a minimum number of hours and expect to be paid for time worked
  • A manager or supervisor is responsible for their workload, saying when a piece of work should be finished and how it should be done
  • They can’t send someone else to do their work
  • The business deducts tax and National Insurance contributions from their wages
  • They get paid holiday pay
  • They’re entitled to contractual or Statutory Sick Pay, and maternity or paternity pay
  • They can join the business’s pension scheme
  • The business’s disciplinary and grievance procedures apply to them
  • They work at the business’s premises or at an address specified by the business
  • Their contract sets out redundancy procedures
  • The business provides the materials, tools and equipment for their work
  • They only work for the business or if they do have another job, it’s completely different from their work for the business
  • Their contract, statement of terms and conditions or offer letter (which can be described as an Employment Contract) uses terms like ‘employer’ and ‘employee’.

This can include full time, part time and zero hours contracts. If you aren’t sure then just call our Personal Injury Lawyers and we'll be happy to help you.

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