How can workers pursue claims for injury from using poorly maintained factory machinery? I was recently injured whilst operating the conveyor belt at the factory where I work and am eager to pursue compensation. The accident happened due to a fault with the belt’s motor, which caused it to unduly speed up.
Claims for injury from using poorly maintained factory machinery may be pursued if you can prove that a third party was at least partially responsible for your accident. When an accident in the workplace occurs, the liability of the employer must be examined as they – who owe a ‘duty of care’ to their employees – are the party most likely to be deemed responsible for an accident.
As part of their ‘duty of care’ to their employees, factory employers are required to conduct regular tests of their factory’s equipment to ensure that it is safe for use. If you can demonstrate that no checks were carried out on the conveyor belt which was involved in your accident – perhaps by referring to a log – you may be eligible to claim for poorly maintained factory machinery injury compensation. If checks had been carried out and no faults had been detected despite the conveyor belt being badly maintained, you still may be able to claim due to an oversight by your employer.
There is also the possibility however, that you may have contributed to your own accident. If you were knowingly working with an inadequately maintained conveyor belt and hadn’t reported it, or even if you had reported it and continued to use it, you may be found to be partly at fault for your own accident. If this is the case, it is important that you explain the details of your accident to a personal injury claims lawyer at the first available opportunity.
It is impossible to know how much compensation your claim may yield without knowing more about your individual case. Claims for injury from using poorly maintained factory machinery can often result in substantial awards, although the exact amount can vary greatly depending on a number of factors including the nature and severity of the injury, its permanency and its impact on the victim’s life.
Speaking with a lawyer will allow you to determine if you are eligible to claim for accident from using poorly maintained factory machinery compensation, if contributory negligence may be a factor, and how much compensation you may be entitled to. Pursuing claims without any help from a legal expert is not advised. It is always best to pursue claims for injury from using poorly maintained factory machinery with assistance from an experienced personal injury claims lawyer.