Is it possible to pursue claims for injury due to broken factory machinery? My foot was recently crushed during an accident in work, and although my employer insists that I am not eligible to claim compensation, I am considering scheduling an appointment with a lawyer anyway. As a result of the crush, which occurred when the restraints supporting a fuel tank gave way, causing the tank to fall on my foot, I suffered two broken toes.
Claims for injury due to broken factory machinery can be largely reliant on a claimant’s ability to prove that a third party was at least partly responsible for their accident. When the accident occurs in a workplace, the negligent party is likely to be an employer. Employers owe a ‘duty of care’ toward their employees, and though they may be genuinely saddened when an employee suffers a serious injury, they can often be held liable.
As part of their ‘duty of care’ employers are required to conduct regular inspections of their employees’ workspace and of the equipment which they are expected to use. If an oversight by your employer led to the fuel tank which crushed your foot not being mounted or suspended properly, you may be eligible to pursue a claim for broken factory machinery injury compensation.
The fact that your employer has denied liability suggests that they are unwilling to negotiate with you directly. You mentioned in your question that you are considering speaking with a lawyer to assess your options – this should be done as quickly as possible. Your lawyer will be able to provide valuable information about pursuing claims for injury due to broken factory machinery, and may be able to negotiate a settlement with your employer, something that you have been unable to achieve up to this point.
Hiring a lawyer will enable you to prove to your employer that you are serious about pursuing your claim for accident due to broken factory machinery, and that you are not willing to accept his assertion that you do not qualify for compensation. While you may view hiring a lawyer as an onerous commitment, speaking with a lawyer can often cost you nothing as many personal injury claims lawyers now offer free initial consultations.
Factory machinery which is not properly serviced and maintained can be a serious hazard to the workers who are required to use it. Unfortunately, a lapse in supervision by even the most diligent management can lead to an accident, which as in your case can often lead to broken bones, or in other cases, fatalities. Potential claimants who are considering pursuing claims for injury due to broken factory machinery should always speak with an experienced personal injury claims lawyer before taking any action themselves.