It is possible to claim compensation for an injury suffered in dangerous machinery accidents, once you are able to prove that the machine being in a poor state of repair was the chief cause of the accident and if you can establish that this lack of adequate maintenance was brought about by the negligence of your employer or someone who had a duty of care towards you.
Should this be the case, there is a good chance that you may be able to pursue a compensation claim for dangerous machinery accidents.
There is a legal responsibility bestowed on your employer under the Safety, Health and Welfare at Work Act 2005 to provide and maintain a safe workplace for you. This includes the provision of safe and working factory equipment and making sure that it is sufficiently maintained. Staff members should not be put in danger of suffering a serious injury when using any factory machinery.
Proving that it was your employer’s negligence that lead to you being injured while using badly maintained factory machinery can be a difficult matter. At your earliest convenience following an accident with dangerous machinery, it is in your best interests to consult with a personal injury solicitor about submitting a claim for compensation for a factory injury. You may experience some complications while pursuing your claim due to the fact that, though an employer has a responsibility to provide safe factory machinery and to ensure that it is adequately maintained, staff members also have responsibilities regarding this this under the same health and safety legislation.
An employee must bring any defects in factory machinery, which may pose a risk to health and safety, to the attention of their employer. Also, if you were aware that the machinery was not in a fit state of operation, you should have made this known by your employer. Although your employer may have acted irresponsibly by not maintaining factory machinery, it may be proven that you were partially to blame for your injuries and not reporting any issues. Any ‘contributory negligence’ on your part could reduce the amount of compensation you receive for an injury caused by badly maintained factory machinery you receive and may even affect your entitlement to make a claim for dangerous machinery compensation.
During your dangerous compensation consultation with a solicitor experienced in making claims like this, your eligibility to make a claim will be established and any contributory negligence will be reviewed. Following this you will be told if, due to the circumstances, you are eligible to claim dangerous machinery accidents compensation and whether it is that you will win.