I sustained an eye injury in a factory accident when a machine belt snapped and hit me in the face. My employer says it was an unfortunate accident, but I maintain that I am entitled to compensation because there should have been a safety guard in place. Am I right?
In the circumstances as you describe them, you should be eligible to make a compensation claim for an eye injury in a factory accident as – except for very few exceptions – belt driven machines in a factory environment should be fitted with a safety guard. If a safety guard is missing or damaged, the Provision and Use of Work Equipment Regulations 1998 state that the machine should have been removed from service, in which case your eye injury in a factory accident would never have occurred.
Your employer may not be fully aware of the regulations or his liability for your injury because in most large organisations, the responsibility for workplace health and safety is designated to a specific employee, while claims for compensation for an eye injury in a factory accident would be settled by the employer´s insurance company. Nonetheless, as it appears that your employer may contest a claim for an eye injury in a factory accident, it would be in your best interests to engage the services of an experienced factory accidents claims solicitor to handle the claim on your behalf.
Most solicitors hearing the circumstances of your eye injury in the factory accident would offer a free assessment of your case and advise you whether you had a claim for an eye injury in a factory accident which is worth your while to pursue. If you wish to proceed with a claim, you will likely be offered legal representation on a “No Win, No Fee” arrangement, which means you do not have to pay your solicitor´s legal fees should your claim be unsuccessful but you will retain 100 percent of your compensation for an eye injury in a factory accident when you win your claim.
Using the services of a factory accidents claims solicitor will also provide distance between yourself and your employer when settlement negotiations are taking place and ensure that there is no negative reaction when you return to work to your decision to make compensation claim for an eye injury in a factory accident.