Is it possible to claim compensation for being injured operating heavy machinery at work if no proper training had been provided on how to use a machine safely? I am sure that I could have avoided an injury if I had received better training.
A failure of an employer to provide adequate training is negligence and this should entitle you to make a claim for compensation for being injured operating heavy machinery. Provided that your injury was severe enough to have been treated by a doctor and you sought medical attention promptly, your claim for heavy machinery injury compensation would have a good likelihood of being successful.
Due to the high volume of accidents involving heavy machinery and work equipment in the UK, the use of machines and tools at work is now heavily regulated. Numerous legislative acts have been passed to ensure that machinery can be used without placing employees at an excessive risk of sustaining an injury in the workplace. These regulations have been highly effective at reducing the number of machinery accidents, but are only effective when they are followed by employers.
In your case, your employer appears to be in breach of The Provision and Use of Work Equipment Regulations 1998 (PUWER). These regulations state that equipment such as heavy machinery is “used only by people who have received adequate information, instruction and training”. If you can prove – with the assistance of a solicitor – that there was a breach of these regulations, you would be entitled to claim heavy machinery injury compensation against your employer’s liability insurance policy.
An injury caused by machinery at work should be always documented in an employer’s accident book. This is not a procedure which must be followed immediately after an accident has occurred, as it is possible to make the report once injuries have been treated. The Accident Book helps employers assess health and safety in the workplace, but it can also be used to support a claim for compensation. Solicitors often use accident report books to prove that an accident occurred in the workplace.
It is important that you seek advice from a personal injury solicitor about claiming compensation for being injured operating heavy machinery. Even when claims for heavy machinery injury compensation involve clear cases of employee negligence they can be highly complicated. The experience of a personal injury solicitor can certainly help to ensure that claims for heavy machinery injury compensation run smoothly and, when compensation is pursued by a personal injury solicitor, it is more likely that a quick settlement can be negotiated with an employer’s insurance company.