If you have been injured at work because the machinery you used was dangerous, you need to know what you can do to claim compensation. It is important to understand when you can claim and the reasons why you will be able to claim compensation.
Claiming Your Dangerous Machinery Accident
When you suffer an injury because of dangerous machinery, it can leave you both physically hurt and emotionally shaken. When this happens, you might feel that starting a compensation claim will add unnecessary stress following the accident. However, you should consider that you do not deserve injuries because of the negligence of another person.
Starting your compensation claim for the accident does not have to be a tense or stressful experience. To ensure this, you need to get in touch with someone who will be able to help you with the process. This could be a solicitor or another trained advisor who understands the facts and figures of these claims.
It is recommended that you hire a solicitor to help you and you will be able to get a free initial consultation in most cases. The solicitor will be able to consider the effects of the accident on your mental health, physical health and finances. They will also be able to determine the impact the accident has on your loved ones.
The solicitor that you choose to work with should be one that specialises in these types of accident claims. There are some advisors that you can contact which will be able to help you find these solicitors. These advisors will assess your case and then connect you to the solicitor that is best for your case.
Are You Eligible To Make A Claim?
The easiest way to find out if you are eligible to make a claim is to contact an advisor or solicitor. They will be able to tell you within minutes if you have a claim or not. They will also be able to tell you what the next steps you have to take are.
If you do not want to do this, you should consider certain questions. These questions will help you determine if you have a compensation claim. If you answer yes to any of these questions, you will have a compensation claim.
- Did the accident happen within the last 3 years?
- Was someone else at fault for the accident?
- Was your injury a result of the accident?
It can sometimes be confusing to determine whether or not you should be making a claim. This is why you should consider talking to someone who is knowledgeable about this process. Solicitors and advisors will understand the laws and regulations which protect you.
The Responsibility Of Your Employer
The Provision and Use of Work Equipment Regulations 1998 is the legal regulation that requires your employer to minimise the risks you face when using dangerous machinery at work. This is a clear regulation which has been outlined by the government regarding your safety in the workplace.
This regulation will include the fact that your employer has to make sure that all dangerous machinery is used for the correct task and used by employees who have received the correct training to do this. The machinery also had to be safe to use and inspected regularly. Your employer also has to ensure that the right safety protection, emergency stop buttons and warnings are in place.
Your employer will have to consider all of the dangers that machinery poses to you and your colleagues. They will also have to take these risks seriously. If your employer fails to take action, they will be negligent in their duty to you under PUWER.
It is important to note that your employer is also responsible for any dangerous equipment that was not supplied by them. If it is being used in the workplace, they will be responsible for it. With this in mind, any defective piece of machinery or equipment that is not fit for the task will be the responsibility of the employer. If you are injured by these items, you will be able to make a compensation claim.
You may also be able to make a compensation claim if your employer has failed to provide you with the right training for the piece of machinery that you are going to be using. You can also claim if they did not clearly tell you about the risks that are involved with the use of the dangerous machinery. It is important that your employer takes your safety seriously.
Most employers will consider their employees’ safety, but there are instances when they fail to consider the risks that are posed to you and your colleagues. When this happens, you will be able to claim compensation. If you have experienced any of this, you should consider starting a compensation claim.
Your Rights As An Employee
There are times when you feel partially responsible for your injury because you have previous experience using the dangerous machinery. You might also feel this when you have received the training that you need on how to use the machinery and how it can injure you. It is understandable that this could put you off claiming compensation.
However, it is important to note that being trained is not always enough when dangerous machinery is being used. Talking to a solicitor or advisor will help you understand the circumstance of the accident and if the incident was actually a result of negligence. As an employee, you do have rights and they are fully outlined by the Health and Safety Executive.
These rights will include the right to work in a safe environment and to have correct training for your task and relevant equipment. It is also your right to work with relevant safety equipment under the Personal Protective Equipment at Work Regulations 1992. When dangerous machinery is used as part of your work, you need to receive the correct training, but if the equipment is not inspected regularly or the right machine for the task, your employer will be at fault for your accident. They will also be at fault if you do not have the correct personal protective equipment.