Unsafe Industrial Sites Claims

Workplace accidents can be devastating for both employees and employers. Although an accident may happen in any workplace, the risk of injury is higher on industrial sites due to the nature of their environment.

An unsafe industrial site is one that presents a risk to people working on it or visiting it. This can be because of the nature of the work being done and/or the conditions in which it’s done.

There are many different types of buildings and sites that could be considered unsafe industrial sites, including:

• Industrial plants
• Mines and quarries
• Sewage works
• Construction sites

Industrial sites are often very large in scale, with heavy machinery and equipment. If the industrial site becomes unsafe, serious accidents can happen e.g. if equipment is not properly maintained or used correctly, or if safety isn’t prioritised.

To find out more about how to make an industrial accident claim, speak to a legal adviser for free on 0800 234 6438 – or simply enter your name and phone number in the contact form on this page to request a call from an adviser.

Unsafe industrial sites can pose a number of different risks to workers, including falls from height; slip, trip and falls; chemical burns or gas poisoning; or even electrocution.

Falls from height is a serious health and safety issue if safety procedures for working at height aren’t adhered to.

The main causes of falls from height on industrial sites include:

• Poorly maintained machinery or equipment
• Inadequate supervision by managers and supervisors
• No risk assessment
• Inadequate training for working at height
• Lack of personal protective equipment
• Lack of safety equipment or appropriate safety measures to protect workers
• An unplanned change in working conditions (e.g., if a worker’s job is changed without warning)

We rely on electricity so much, we’ve almost become blase to it. But the dangers that electricity can pose should never be underestimated. Especially on industrial sites.

Electrical equipment should be regularly inspected and maintained to make sure that it is safe for use. Electrical equipment should also be kept away from sources of moisture, as this can cause damage to electrical items, or even lead to serious injury or death if they are not properly protected.

Industrial sites often have to handle hazardous substances, and if they’re not treated with appropriate level of care and respect, they can cause untold damage, resulting in an industrial injury.

For example:

• Burns from fires, explosions or splashes of hot substances
• Cuts from sharp objects (such as knives)
• Injuries from heavy lifting equipment

Electric shock is caused by an electrical current passing through the body. The current can be direct or indirect, meaning it can pass through the skin or via something else (like water).

There are two types of electric shocks: contact and arc flashes:

1. A contact shock occurs when you touch an energised part with your body or clothes while standing in water (such as working on live equipment), which then allows the electricity to flow into your body and damage nerves and muscles.
2. An arc flash happens when there’s enough voltage between two points that it arcs across a gap between them and creates heat as well as light-similar in concept to lightning strikes.

Another type of industrial injury that can affect workers is repetitive strain injury (RSI). RSI is caused by performing the same action over and over again.

This repetitive action can include typing on a computer, using a hammer or other hand tools for work tasks, or even simply moving your arm in the same direction repeatedly (like when you’re opening and closing a door).

RSI occurs most frequently among people who perform certain types of manual labour and jobs that require frequent repetition.

Falls from heights are one of the most common types of industrial injuries, and it’s no surprise— people spend most of their time on ground level rather than climbing ladders or scaffolding.

But when you’re working in an industrial setting, these kinds accidents can happen without warning, resulting in life changing injuries or fatal accidents.

Falling on the same level is another common accident if the correct safety practices aren’t implemented or adhered to.

The most common causes of falls on the same level are:

• Slipping on a wet floor (e.g. if an oil spill occurs)
• Tripping over something that has been left out by an employee or contractor, such as tools, equipment or materials
• Slipping and falling due to poor lighting conditions or slippery surfaces (e.g. standing water from a leaky pipe).

Slips, trips and fall are also among the most common type of industrial injury. Find out more about making slip and fall claims.

Common causes include:

• Wet floors (such as those that have recently been mopped) or those that have not been cleaned regularly
• Fragile or broken floor surfaces such as tiles or vinyl flooring
• Poorly lit areas where vision is impaired
• Poorly maintained stairs or staircases (including loose carpets)

Other common industrial injuries come from manual handling of loads. This is when the employee carries things and it results in an injury because they’re:

• Carrying too heavy a load
• Carrying something that is too big for you in size or weight
• Carrying something that is awkward or difficult to hold because it has awkward angles or unusual shapes
• Carrying something hot (like an iron) or cold (like ice)

Although industrial sites are naturally hazardous workplaces, this doesn’t mean that if you work on one or you visit one, you should accept that you’re going to be injured.

Like every other workplace in the UK, an industrial site is covered by legislation laid out in the Health and Safety at Work etc. Act 1974, and the Management of Health and Safety at Work Regulations 1999.

Under these health and safety laws, industrial site owners and those responsible for their running, have a legal obligation to take all precautions necessary to ensure that accidents don’t happen, and that everyone who works on the site or visits it, can do so in the safest possible manner.

Saying that, it’s impossible to remove all risk from a workplace like an industrial site. Especially when they employ such a large number of people, rely on various types of automated equipment, or deal with dangerous materials.

But, if you or a loved one has sustained an industrial injury, or even killed following an accident on an unsafe industrial site, then you may be in a position to make an industrial injuries compensation claim.

To find out more about how to make an industrial accident claim, speak to a legal adviser for free on 0800 234 6438 – or simply enter your name and phone number in the contact form on this page to request a call from an adviser.

The health and safety executive stipulates that anyone responsible for running or maintaining an industrial site, from the site owner to the foreman, has a legal duty to:

• Carry out regular risk assessments of the site and minimise any risks that workers or visitors may be exposed to
• Explain the possible risks of working on an industrial site to all employees, as well as outline the necessary steps they need to take to keep themselves, and those around them, safe
• Consult with employees on issues of health and safety at the site, either via union representatives or on a one-to-one basis, to make sure that an effective safety regime is maintained
• Provide proper training on machinery, free of charge, to keep workers safe
• Provide and maintain any safety equipment needed, free of charge
• Ensure adequate first aid facilities are readily available
• Report any incidents and injuries at the site to the relevant authorities
• Take out appropriate levels of employer’s liability insurance to cover any compensation claims made, and make sure the insurance certificate (hard copy or digital) is somewhere easily accessible for employees to access and read

If your employer has failed in any of these duties and you have sustained a workplace injury as a result, you may be eligible to make an industrial injury claim for compensation.

To find out more about industrial injury claims, and claiming compensation, speak to a trained legal adviser for free on 0800 234 6438.

Successful industrial accident compensation claims depend upon being able to demonstrate two things:

1. That you, or a loved one, has been injured or due to unsafe working conditions on an industrial site
2. That these unsafe working conditions arose as a result of your employer’s negligence

Negligence might look like:

• Not providing the proper equipment or safety gear to work safely on the site
• Not offering adequate training to carry out your role safely
• Not dealing properly with hazardous substances
• Any other risk factor where you feel the person responsible for your health and safety should have recognised it as a danger

How do courts assess an employer’s negligence? By determining whether your employer’s actions failed to meet the standard of what the ‘reasonable man’ or the ‘man on the Clapham omnibus’ would do in a similar situation.

One of the main reasons for claiming compensation following an accident on an industrial site is that it will allow you to begin rebuilding your life again.

Plus making a successful industrial accident claim will help drive up safety standards in the industry overall.

If you believe that you’ve been injured, or you’ve sustained an industrial disease because your employer failed in their duty of care to keep you safe, then you may be eligible to make a no win no fee claim for industrial disease compensation.

If, however, you are unsure about whether you have a case to bring, you should contact specialist personal injury solicitors who can advise you and if they believe you have a case, they will act for you.

The process for bringing a claim for an unsafe industrial injury will firstly depend on how your injury was sustained, and the nature of the industrial injury.

A workplace accident claim is usually be brought by a personal injury legal lawyer using the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims.

If, however, you’ve suffered an industrial disease from working on an unsafe industrial site, this will typically be brought using the Pre-Action Protocol for Disease and Illness Claims.

These two protocols outline the standards and processes that you and your employer (or another third party) must follow.

The aim of these protocols is to encourage both parties to enter into talks early and consider using an alternative form of dispute resolution rather than going through the courts, to settle the dispute. They also encourage you, or the injured party, to assess whether your needs might be better met with rehabilitation, treatment, etc.

Your personal injury solicitor will work on your behalf, negotiating the maximum compensation you deserve. They will try to secure this for you in an out of court settlement, but if your case does have to go to court, e.g. if your claim is complex or high value, if the other side doesn’t admit responsibility, or you can’t agree a compensation settlement, your personal injury lawyer will be by your side the whole time, offering legal advice and guidance, and speaking for you in court.

The amount of compensation you will receive will vary from case to case and depend on the type and severity of your injury.

There are two types of compensation that can be awarded in an industrial injury case: general damages and special damages.

General damages refers to compensation for pain and suffering, while special damages refers to money awarded for out-of-pocket expenses.

General damages are paid as a lump sum to compensate you for the pain, suffering and loss of amenity that you have experienced as a result of the accident.

Special damages include loss of earnings, loss of future earnings, loss of pension rights, travel expenses, medical expenses and any other costs incurred as a result of your injury.

Special damages are paid in instalments over time to cover expenses that you may incur as a result of your injuries including medical expenses, loss of earnings (including future losses), housekeeping costs and travel costs.

The value of every claim is different because no two injuries are identical. Compensation will depend on the type and severity of your injury, as well as how it impacts your daily life. For example, if you are unable to work again due to a spinal cord injury caused by an accident at work, you may be entitled to receive a higher amount of compensation than someone who suffered from back pain after lifting something heavy at work.

To find out more about how to make an industrial accident claim, speak to a legal adviser for free on 0800 234 6438 – or simply enter your name and phone number in the contact form on this page to request a call from an adviser.

If you want to bring a personal injury claim because you have sustained injuries on an unsafe industrial site, and you believe your employer failed in their duty of care and breached health and safety laws, you should begin the claims process as soon as possible.

Start your claim while the events are still fresh in your mind, and in the mind of your potential witnesses. Taking swift action now will also make things easier for your personal injury lawyer to gather evidence to build a strong case for you.

Evidence could include:

• The entry of your industrial injury in the workplace accident book
• CCTV footage of the event – your employer has a legal obligation to hand this over
• Medical records of any medical treatment you needed following the incident
• Contact details of any witnesses
• Photographs of the scene of the accident
• Financial records outlining any expenses incurred as a result of your injury
• Your written account of how the accident happened and how your injuries have affected you both mentally and physically

Your personal injury lawyer will work for you on a no win no fee basis. No win no fee agreements are a type of conditional fee agreement. A conditional fee agreement means that you don’t have to pay your lawyer’s fees if your claim is unsuccessful. They’re more common in personal injury claims than for other types of cases.

If you are successful, you’ll typically pay them a percentage of your compensation up to 25%. This means a solicitor will usually only take on your case if they think you’ve got a good chance of winning, but if you don’t, you don’t have to pay them anything.

Making a claim with this type of agreement means people who might otherwise not be able to afford legal services, can now access them and pursue compensation for injuries they’ve sustained.

Find out more about how no win no fee claims work

In England, Wales and Northern Ireland there is a three-year time limit for making a claim for industrial accident compensation.

In Scotland there is a five-year time limit for making an industrial accident compensation claim.

If a child was under 18 at the time of their injury, you can make an industrial accident compensation claim on their behalf until they turn 18 in England and Wales or 21 in Scotland.

In the case of fatal industrial injuries and diseases, the partner left behind will almost certainly be able to claim compensation on the deceased’s behalf. This could include loss of income, pension or benefits, as well as funeral costs among other losses.

You could be eligible to make a compensation claim if you’re:

• A dependant of the deceased person
• A family member of the deceased person
• The estate of the deceased

If a loved one has died, you can claim compensation for:

• Bereavement – the pain and suffering you’ve endured as a result of the death
• Dependency – if you relied on the deceased for some or all of your income
• Funeral costs

To find out more about how to make an industrial accident claim, speak to a legal adviser for free on 0800 234 6438 – or simply enter your name and phone number in the contact form on this page to request a call from an adviser.