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Claims for an Injury from Broken Factory Machinery

Can claims for an injury from broken factory machinery be made if an employer maintains that he was not aware of the broken machine? My employer has told me he is not liable for the accident as he was not informed of any faults with the machine.

It is possible for claims for an injury from broken factory machinery to be made against an employer’s liability insurance policy, even if liability for the accident is not accepted. Although blame for the accident is not currently being accepted, it is unlikely that your employer – or his insurance company – could mount a successful defence against your claim on this basis.

The reason for this is your employer has a legal responsibility to ensure you are not placed at an excessive risk of sustaining an injury at work, and this responsibility includes checking factory machinery for faults to ensure that it is safe for workers to use.

Your employer should also have conducted risk assessments regularly to ensure that potentially hazardous machinery was repaired and made safe. If your employer failed to implement a system that allowed faults to be reported quickly this would be negligence and a claim would be possible. If no risk assessment was completed this would similarly be negligence as this would contravene UK health and safety legislation.

Even if the machine had only recently broken and become dangerous, claims for an injury from broken factory machinery may still be possible. Your employer should have made sure that the machinery was properly maintained so that potential problems could be addressed before they posed a risk to the health of workers. A claim could be made on this basis.

However, if it was your responsibility to check the machine for faults and you failed to do so, a claim for being injured by a broken factory machine would not be possible. In this instance the accident would be deemed to be primarily your own fault.

If you were aware that there was a fault with the machine or that it was broken and you failed to inform your employer of this fact, this could also prevent you from claiming compensation for a factory machinery injury. An employer has a legal responsibility to ensure that the workplace is safe, but employees also have a duty to take action to ensure their own personal safety at work.

Although it is probable that you will be entitled to make a claim for compensation for a factory machinery injury, the fact that your employer maintains that he is not liable for you being injured by a broken factory machine means your claim could be complicated. It should be possible to still recover compensation for your injury, but it will be easier and less stressful for you if you use a personal injury solicitor to pursue your case on your behalf.

The experience and skill of a personal injury solicitor will help to ensure that a strong case can be prepared against your employer which will make it more difficult for liability for your injury to be rejected. If liability is still rejected and litigation is required, a solicitor will fight for your maximum entitlement to compensation through the courts.