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Claims for an Injury by a Machine Guard in a Factory

Is it possible to make claims for an injury by a machine guard in a factory? The guard was faulty and I trapped my hand and I lost a finger when my hand was pulled into the machine.

It is possible for workers to make claims for an injury by a machine guard in a factory against an employer’s liability insurance policy. Factory operators must purchase insurance to cover compensation payments to workers who sustain injuries at work. A claim for a factory machine guard accident can be made against this insurance policy provided that your injury can be attributed to the negligence of an employer.

Employer’s have a legal responsibility to ensure that all machinery used throughout the factory is in good working order, and employees are not placed at an excessive risk of injury by using factory equipment. Under the Management of Health and Safety at Work Regulations (1999), employers must conduct regular risk assessments in the workplace to ensure that employees are not being placed at an unacceptable risk of sustaining an injury.

Machine guards play an important role in preventing accidents, but it is vital that they are properly maintained so they can perform their function correctly. Your employer should have conducted a risk assessment and identified the faulty machine guard and arranged for repairs to be made. It would be reasonable to expect that if the machine was dangerous without a fully operational machine guard, work should have stopped until the machine could be made safe.

If you were aware that the machine guard was faulty and you made the decision to place your own health at risk by using the machine, it is possible that the factory machine guard accident is likely to be regarded as partially your own fault. This should not prevent you from being able to make a claim as your employer will still have been negligent, but compensation may be reduced to take your contributory negligence into account.

While it would appear that your employer has clearly been negligent and is responsible for your accident, it is strongly advisable to seek legal advice from a personal injury solicitor and to receive assistance with preparing a claim against your employer’s insurance company. Claims for an injury by a machine guard in a factory usually stand a better chance of success when they have been prepared by a personal injury solicitor.

A solicitor will conduct a thorough investigation of the factory machine guard accident to establish whether your employer placed you at an unacceptable risk of being injured by the machinery. Evidence of employer negligence will be collected and your case will be painstakingly prepared to ensure it has the maximum probability of being successful.

When serious injuries are sustained at work due to an employer’s negligence it is not unusual for insurance companies to contact accident victims directly with an offer of compensation. If your employer’s insurer gets in touch with you before you have had the opportunity to seek legal advice, you should not agree to accept any offer of compensation for a machine guard injury without first having it independently assessed.

It is vital that you receive an appropriate about of compensation for a machine guard injury for the amputation of your finger, and this is only likely to be possible if you make a legal claim. Insurance company offers are rarely sufficient to adequately compensate a victim for an injury.