What is a machinery accident at work?
If you have been injured by machinery at work through no fault of your own, you may be entitled to machinery accident compensation. Many injured workers assume the accident was somehow their own doing, or that claiming against an employer is more stress than it is worth. We are here to tell you that neither are true.
A machinery accident covers a wide range of situations and can include injuries caused by defective or faulty work equipment, unguarded moving parts, crush and entanglement injuries, amputations, and accidents that happened due to lack of training or maintenance. It applies whether you were operating the machine yourself or simply working near it when something went wrong.
Thompsons acts only for injured claimants. We never represent employers or insurers, and we handle machinery accident claims for people across the whole of Scotland. When you speak to us, you are speaking to a firm that is on your side and nobody else's.
Bakery worker secures £4,500 following a machinery accident in which his hand was crushed. Make a personal injury claim today with Thompsons.
Bakery Worker's Claim for Hand Injury in Machinery Accident
Your employer's duty of care under Scots law
Employers in Scotland have a legal duty to keep you safe around machinery. That duty covers providing safe work equipment in the first place, fitting and maintaining proper guarding, keeping machinery in good repair, giving you the training you need to use it safely, and supplying protective equipment where the risk demands it.
The Provision and Use of Work Equipment Regulations 1998 apply across Great Britain, including Scotland, and set out these obligations in detail. Under the regulations, work equipment must be suitable for the job, maintained in an efficient state, and used only by people who have received adequate training and instruction. Dangerous parts of machinery must be guarded.
If your employer failed in any of these duties and you were injured as a result, they can be held liable. You are able to claim against the business, and against its insurance company. This is because employers are legally required to carry insurance for exactly this purpose, so a claim does not come out of a colleague's pocket or threaten the company's survival.
A lot of people worry that claiming will put their job at risk too. It is against the law for an employer to dismiss or victimise you for making a genuine claim, and in our experience that fear rarely reflects what actually happens. You are exercising a legal right and should not be intimidated to stop exercising that right.
Common causes of machinery accidents
- Machinery accidents happen in a variety of settings and environments. These include factories, farms, construction sites and warehouses. We often see claims regarding:
- Missing or defective guards on moving parts, blades, presses or rollers
- Poorly maintained or faulty equipment that jams, fails or behaves unpredictably
- Lack of training or supervision, so workers are left to operate dangerous machinery without knowing the risks
- Unsafe systems of work, such as cleaning or clearing blockages while a machine is still running
- Forklift and lifting equipment accidents, including collisions and dropped loads
- Defective work equipment supplied by the employer or by a third party
The injuries from machinery accident claims are vast and differ widely. Soft tissue injuries, cuts and fractures are common. The more serious injuries we see have been caused by entanglement and crush accidents which can result in amputations, degloving injuries and permanent disability. There is a psychological side to these accidents that should not be ignored. Stress, anxiety and post-traumatic symptoms after a frightening symptom and are recognised injuries in their own right. They can be compensated alongside the physical harm if they are supported by medical evidence.
Am I eligible to claim machinery accident compensation?
The eligibility test is not as complicated as you may believe. You can generally claim if three things are true:
- The accident happened within the last three years.
- Someone else was at least partly at fault, usually your employer.
- You suffered an injury or financial loss as a result.
Under Scots law, you typically have three years from the date of the accident to raise a claim but there are exceptions. Children have until their nineteenth birthday, because the three years only start running at sixteen. Where someone lacks legal capacity, the time limit may not apply in the usual way. Even so, evidence fades and witnesses move on, so the earlier you start, the stronger your position.
One fear stops a lot of valid claims before they begin: the worry that the employer will blame you. Partial fault does not necessarily prevent a claim. If you were, say, 25% responsible and your employer 75%, you can still recover compensation, reduced to reflect your share of the blame. Many employers argue fault as a negotiating tactic. We deal with that argument all the time, and it is rarely as strong as it first sounds.
How much compensation could I receive?
There is no single average payout for a machinery accident, and any page that quotes one figure for every case is misleading you. Compensation in Scotland is valued in two parts. The first is solatium, which compensates the pain, suffering and loss of amenity caused by the injury itself. The second covers your financial losses: lost earnings past and future, medical and rehabilitation costs, travel expenses, and the cost of care, including care provided free by family members.
How much you are likely to get depends on the severity and permanence of your injury and the size of your losses. A soft tissue injury that heals within months attracts a modest award. An amputation or a permanent loss of function attracts a far higher one, particularly where it ends a career or requires lifelong support. Psychological injuries such as stress and anxiety are valued on medical evidence of their severity and duration.
Compensation is normally paid as a single lump sum settlement once the claim concludes, so yes, you can receive a lump sum for work injury damages. A good settlement is one that covers both the injury and every financial loss, present and future, rather than a quick offer that ignores what the injury will cost you over time. Insurers sometimes make early offers before the full picture is known. We advise clients not to accept anything until a solicitor has valued the claim properly, because a realistic assessment from someone who values claims for a living is the only reliable guide to what your case is worth.
How to make a machinery accident claim and the evidence you need
The process is more straightforward than most people fear, and we do the heavy lifting. It runs like this.
First, report the accident and make sure it goes in the accident book. If your workplace does not keep one, report it in writing and keep a copy. Second, seek medical attention, even for injuries that seem minor at the time. Your medical records will link the injury to the accident. Third, gather what evidence you can while it is fresh. Fourth, contact Thompsons for a free assessment of your claim.
From there, we take over. We investigate the accident, obtain your medical records, notify your employer's insurer, and build the case. Most claims settle through negotiation. If the insurer will not offer a fair figure, we can raise court proceedings on your behalf, and we prepare every case as though it will go to court so that the other side knows we are serious.
The evidence that strengthens a machinery accident claim includes:
- The accident book entry or written report
- Medical records confirming your injuries and treatment
- Photographs of the machinery, the guarding (or lack of it) and the scene
- Names and contact details of witnesses
- Maintenance and training records, which your employer must disclose
- Receipts, payslips and other proof of financial losses
Do not worry if you cannot obtain all of this yourself. We gather evidence on your behalf, including the maintenance and training records that employers sometimes hope nobody will ask for, and we support you at every stage of the claim.
No win no fee machinery accident claims
Thompsons handles machinery accident claims on a no win no fee basis. If your claim is unsuccessful, you pay nothing. There is no upfront cost and no bill if the case does not succeed.
If your claim wins, a success fee is deducted from your compensation, capped at no more than 20% of your damages. That cap answers the common question about how much solicitors take from compensation: never more than a fifth of what you recover with us, and the exact figure is agreed with you in writing before the claim begins. There are no hidden charges and no surprises at settlement.
Why choose Thompsons for your machinery accident claim?
Thompsons wins more than 90% of the cases it takes on and recovers £1 million every week for clients across Scotland. Those figures are the plainest measure we can offer of how the firm runs its cases.
Just as important is who we act for. Thompsons represents injured people and trade union members only. We never act for employers or insurers, so there is no conflict of interest anywhere in the firm. You get a dedicated solicitor who knows your case, communication in plain English rather than legal jargon, and support from your first phone call through to settlement.
Start your machinery accident compensation claim today
Call Thompsons now on 0800 0891 331 for a free, no-obligation assessment of your machinery accident claim. Prefer not to call? Complete our online enquiry form and we will phone you back at a time that suits you.
Your claim is handled on a no win no fee basis, so there is nothing to pay if it does not succeed. Remember that the three-year time limit under Scots law is already running, and the sooner you act, the stronger your evidence will be.
You did not ask to be injured. Thompsons will fight to get you the compensation you deserve.
