I injured my hand in a factory accident because a safety guard was missing, but my employer says I should claim compensation from the company from which the machine was rented rather than him. How do I do that?
If you have injured your hand in a factory accident while you were working for your employer, it your employer that a claim for an injured hand in a factory accident should be made against rather than the supplier of the machine. Your employer has a duty of care to provide you with a safe environment in which to work and would have been responsible for accepting delivery of the machine.
At that stage he or she should have checked to ensure that any safety features on the machine were present and working correctly, and that you were shown how the machine should be used in the safest possible way. If the safety guard was missing on delivery, you employer should have refused to accept the machine or not put it into service until such time as it was safe to use.
Your employer should have also included the machine on his or her risk assessment and, if he has mistakenly accounted for a safety guard being present, your employer is in breach of the Provision and Use of Work Equipment Regulations 1998 which could see him prosecuted by the Health and Safety Executive. The guard might have been displaced after delivery was accepted, in which case your employer should still have taken the machine out of service until a new safety guard was installed.
Your employer´s lack of care also makes him or her liable for your hand injury and confirms that they are the person against whom a compensation claim for an injured hand in a factory accident should be made. As your employer has already indicated that he does believe he is liable to pay compensation for a hand injury in a factory accident, it is likely that he will contest your factory accident hand injury claim and you are therefore recommended to engage the services of an experienced factory accidents claims solicitor.
The solicitor will listen to how your factory accident occurred and establish that you have a factory accident hand injury claim which is worth your while to pursue. He or she will explain the procedures which have to be completed before a compensation claim for an injured hand in a factory accident can be presented and assess your claim to advise you how much compensation for an injured hand you may be able to claim.
As this is best done before you have fully recovered from your hand injury, it would be advisable to speak directly with a factory accidents claims solicitor at the first possible opportunity.