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How to claim factory accident compensation

Anyone working in a factory should have a safe environment to carry out their job. Your employer has a responsibility to make sure any risks of injury are as low as possible by giving you the right training, the right tools, the right protective clothing, a safe working environment and a safe method of working.

The noise, the atmosphere, the field of vision, the activities carried out should all be assessed and appropriate safety measures put in place to either stop that “one off” accident or repeated exposure to a dangerous environment which causes harm over time, for example noise.

Depending on your role you may need to wear safety glasses, ear defenders, gloves, helmets, masks or protective clothing. It is up to your employer to make sure these garments, known as personal protective equipment (PPE), are provided to you free of charge. PPE should also be repaired or replaced if faulty or unusable and your employer is responsible for this as well.

Every function you carry out should be risk assessed and proper training given to ensure you know what you and your colleagues are doing.

If these things don’t happen and you get hurt then we believe that makes your employer responsible. You have the right to claim against your employer to make up for your loss.

Factory accident injuries should be avoidable

Employers have a duty of care for their staff and there are specific work regulations designed to safeguard employees from risk of factory accidents.

A safe working environment is also a legal entitlement for factory workers. Equipment should be checked regularly and inspected for damage, signs of wear and faults. Any problems found should be repaired or replaced before it is used again and these need to be recorded.

When factories do not fulfil their duties to implement health and safety regulations in the work place, and this results in an employee being injured while simply carrying out their job, then it is possible to pursue a factory accident claim against them.

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Worker in a factory

Examples of factory injury claim success

William Sharkey cut his hand with a knife while working in a meat processing factory. He made a factory injury claim through Digby Brown and our Ayr office proved his employers failed to follow safety guidelines because the handle of the knife Mr Sharkey used was smooth and not fitted with a special grip known as quillions which would have prevented the accident. This investigation helped Mr Sharkey secure £4,000 in damages – nearly three times the £1,500 his employer original offered.

We also helped Mrs P from Kirkcaldy. She injured her ankle after slipping on a greasy substance that had leaked from a machine. Her employer admitted fault yet made no offer of compensation. But after making an accident at work claim through Digby Brown Mrs P secured more than £14,000.

How Digby Brown helps with factory accident claims?

Once you get in touch, we simply find out from you exactly, in your own words, what happened. Obviously in some cases this information might be from either a family member, friend or colleague. Hopefully we can help and can immediately start the process. Sometimes we might need more information but we explain why at the time.

We will explain how we fund the case, using our “Compensate” funding scheme. It is a “no win no fee” model, which simply means you don’t pay any legal fees whilst the case is ongoing and only once the cases successfully settles will we take our fee which is an agreed, at the start, percentage of the award of damages. This is no more than 20% including VAT for a workplace accident.

If we aren’t successful, you don’t pay anything. This means we have a vested interest in ensuring a good outcome otherwise we are not being paid for a huge amount of work.

No win no fee personal injury solicitors

The expression “No Win – No Fee” is often used in personal injury cases.  It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses. 

A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful. 

In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.

Compensate 'no win no fee' funding

Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.

If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing

On average our clients receive over 3 times the pre-litigation offer

Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.

In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.

Don’t take our word for it, just read many of the court decisions and case studies on our website, or watch Joanne's story.

Beware of compensation offers which may be too good

We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.

  • How do they make their money if they don’t charge you anything?
  • If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
  • Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
  • If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
  • It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
  • These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.

We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value. 

Getting something for nothing is usually the first sign of poor service.

Correct level of compensation with Digby Brown

Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.

Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.

Contact Digby Brown's personal injury solicitors

We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.

For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.

Why use Digby Brown?

We are very proud of our track record. We have over 100 years experience helping people get back on their feet after injuries caused by negligence. We have helped tens of thousands of people over those years probably in the region of 100,000. We really like what we do.

We help people who have had a bad thing happen to them, to seek answers and fair financial compensation. We can’t turn back time and make what happened not happen but we can hold guilty people accountable and make them pay for what they have done wrong.

We aim to make the process as smooth as possible. That means doing the legal work as efficiently as possible and even just speaking to you in plain English when we phone you with an update on your case.

Digby Brown recovers more than £100million every year for clients. For the last 15 years our expertise has been recognised by Chambers & Partners and The Legal 500 which are the go-to guides for accessing legal help and why we’ve been named Scotland’s Law Firm of the Year for four out of the last six years (2015, 2016, 2018 and 2019).

This proven track record is why thousands of people come to Digby Brown for legal support – whether through word of mouth or by being referred by trusted charities.

If you would like to talk to someone, simply call us we are open 8.00am to 8.30pm Monday to Friday and 12 to 4pm at the weekends or simply fill in an enquiry form and someone can call you back at your convenience.

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