Can I claim compensation for being injured by a falling object in a factory if it was a box I had placed on top of my machine which fell due to the vibration?
Claiming compensation for being injured by a falling object in a factory may be complicated in these circumstances although not necessarily impossible. Although it looks as if your own negligence was responsible for your accident and injury, if the placing on boxes on top of a machine was a “usual” practice and was done frequently – both by yourself and other employees of the factory – it could be argued that your employer allowed this unsafe practice to continue despite the risk of injury.
Your employer has a legal responsibility for promoting health and safety in the workplace through training, monitoring and supervision. If your employer has identified that the placing of boxes on top of machinery could lead to somebody being injured by a falling object in the factory – and failed to eliminate the risk of injury – this then would make your employer liable for your injuries and enable you to make a compensation claim for being injured by a falling object in a factory.
How much compensation for being injured by a falling object in a factory you ultimately receive may be reduced to reflect your own lack of care, and it is likely that your employer – or, more often, his or her employer´s liability insurance company – will contest your claim for being injured by a falling object in a factory. Consequently it is in your best interests to discuss the circumstances of your accident with an experienced factory accidents claims solicitor at the first practical moment.
A solicitor will want to know how “usual” the practice of placing boxes on top of machines was, and if you were aware of how long it have been going on. The solicitor will also want to know the nature and severity of your injury, whether it has prevented you from returning to work and if it has had any impact on your quality of life. From this information, your solicitor will be able to determine whether you have a claim for being injured by a falling object in a factory which is worth your while to pursue and will guide you through the procedures you should complete in order to support your factory accident claim.
If your solicitor can get an admission of liability from your employer at an early stage, it could be that your claim for being injured by a falling object could be resolved within a matter of months. However you should be aware that, because of the nature of this claim, it might have to be resolved in court.