Dangerous Machinery Accident Claims
Nowadays, many workplaces rely on a kind of machine whether big or small, electrical or manual to increase their output. However, these machines can be hazardous and can cause significant accidents in the workplace. Therefore, employers are under an obligation to ensure that they take precautionary measures to ensure safety of workers and ensure risks involving machinery use are very minimal. Most workplace accidents can lead to severe and long term illnesses, including burns, wounds, fractures and so forth. Other than these medical consequences, these accidents can lead to psychological effects, reduction in quality of life and loss of income. Considering a workplace machinery accident compensation will be in your best interest since it will help reduce the financial impacts brought by the accident.
How do I know if am eligible to make a claim?
Workers who are injured during work by machinery can claim compensation if:
- The accident happened within the last 3 years
- The accident caused or led to any form of body injury
- The accident happened due to someone else’s fault or negligence
At times, it might seem daunting to figure out if someone else was at fault. For this reason, it is advisable for you to hire qualified work injury lawyers to assist you in making your claim. They mainly operate under a no win no fee policy, whereby if you lose the claim, they won’t charge you anything.
Was your employer responsible?
The Provision and use of Work Equipment Regulations 1998 (PUWER) requires all employers to ensure minimal risks are involved whenever dangerous machinery is in use. This includes outlining safety precautions and regulations that workers should follow to ensure they are safe while working. These include:
- Ensuring that all machinery is used for the right task and purpose
- Machinery is only used by qualified and experienced employees
- Machines are inspected regularly
- The machines are equipped with the protective gear, emergency buttons and warnings
Lack of utilising these precautions by your employer means that they were negligent in their duty. Employers will also be held responsible for any machinery that is in their work premises even if it was not issued by them. Similarly, if proper training was not provided by the employer in regards to using the machine, then they will be held responsible.
A compensation claim can still be conducted even if you had received prior training or had experience using the machinery that caused the injury. It is understandable that this might put you off a bit in your bid to claim compensation. However, as an employee, you have rights and they include:
- Right to work in a safe environment
- Right to work with safe equipments
- Right to correct training for the relevant equipment
You might find that even though you received the correct training on a piece of machinery, it might not have been regularly inspected or it didn’t come with the right protective gear, and that means that your employer was at fault. Thus, if any of your rights were broken, you could file a claim for compensation.
How much will I receive?
Compensation differs depending on the effects the accident at work had on your life and your finances. The severity of the injury and the amount you spent on medical bills will contribute to calculating the final amount you will get. In addition, if the accident had an effect on your annual income salary it will also add to the count. To ensure that you receive the maximum amount you deserve, get help from a local work injury lawyer to assist you file your compensation claim.
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