After a pallet wrapping machine accident at work that caused you to sustain harm because of a breach of your employer’s duty of care, it may be possible to make a personal injury claim.
What Could You Claim For A Workplace Pallet Wrapping Machine Accident?
This guide will explore the criteria that lay the basis of being able to make a personal injury claim, the steps you can take to build a strong case, and what a potential settlement could consist of following a successful claim for your injuries following an accident at work.
Additionally, we explore an employer’s duty of care, the legislation that they need to adhere to, how they could breach this duty, and how this breach could cause you to become injured.
This guide concludes with an overview of No Win No Fee agreements and the advantages to you of working with a solicitor who offers services under these terms.
If you have any questions in relation to your potential accident at work claim:
- Ring an advisor on 0800 073 8801
- Contact us via the online form.
- Speak with an advisor via the chat function in the bottom corner of the page.
Browse Our Guide
- What Could You Claim For A Pallet Wrapping Machine Accident?
- Eligibility Criteria For Claiming For A Pallet Wrapping Machine Accident At Work
- Causes Of Accidents Involving A Pallet Wrapping Machine
- Gathering Evidence for Your Personal Injury Claim
- No Win No Fee Workplace Accident Claims
- Further Guidance On Claims For Accidents At Work
What Could You Claim For A Pallet Wrapping Machine Accident?
When you make a successful personal injury claim for a pallet wrapping machine accident at work, you can receive compensation for the physical pain and suffering, as well as the psychological harm, of your injuries under general damages.
A solicitor can refer to any provided medical evidence in conjunction with the Judicial College Guidelines to determine the value of your injuries. This publication contains guideline award brackets for injuries, some of which are contained in the table below.
It is important to note that since claims are assessed individually on a case-by-case basis, the information in this table is intended to act as a guide only.
Compensation Table
| Injury | Severity | Description | Amount |
|---|---|---|---|
| Brain Damage (b) | Moderately Severe | Very serious disability, that is either cognitive or physical, with a substantial dependence on others. | £219,070 to £282,010 |
| Brain Damage (c) | Moderate (ii) | Moderate to modest intellectual deficit, greatly reduced ability to work and some risk of epilepsy. | £90,720 to £150,110 |
| Neck Injuries (a) | Severe (ii) | Injuries involving serious cervical spine fractures giving rise to severe disabilities such as permanent brachial plexus damage. | £65,740 to £130,930 |
| Neck Injuries (b) | Moderate | Fractures or dislocations which cause severe immediate symptoms and that may require a spinal fusion. | £24,990 to£38,490 |
| Hand Injuries (c) | Total or Effective Loss of One Hand | Amputation of entire hand following a crush injury, or amputation of all fingers and most of the palm. | £96,160 to £109,650 |
| Hand Injuries (c) | Less Serious | Severe crush injury resulting in significant impaired function. | £14,450 to £29,000 |
| Leg Injuries (b) | Severe (ii) | Multiple fractures requiring extensive treatment leading to permanent mobility problems and serious deformity. | £54,830 to £87,890 |
| Leg Injuries (c) | Less Serious (i) | Fractures from which incomplete recovery is made or severe soft tissue injuries. | £17,960 to £27,760 |
| Shoulder Injury (a) | Severe | Significant disability from brachial plexus damage. | £19,200 to £48,030 |
| Shoulder Injury (c) | Moderate | Frozen shoulder with limitation of movement and discomfort persisting for about two years. | £7,890 to £12,770 |
Special Damages
You could also be awarded special damages as part of your settlement for any financial losses you incur as a result of your injuries. Possible examples include:
- Care costs: If your injuries affect your mobility, you may need domestic support.
- Medical expenses: This can include any prescriptions you have had to pay for.
- The cost of home adaptations: For example, a stairlift or a shower rail that has needed to be fitted to help you adapt to your injury.
- Loss of earnings: For example, you may have had to take time off work, either permanently or temporarily, to recover from your injuries.
Keep any receipts, payslips, or invoices as evidence of your monetary losses.
If you would like a free and personalised estimate of how much accident at work compensation you could receive following a successful workplace injury claim, please call an advisor on the number above.
Eligibility Criteria For Claiming For A Pallet Wrapping Machine Accident At Work
Per the Health and Safety at Work etc. Act 1974, employers owe a duty of care to their employees. It is a legal requirement for your employer to prevent their employees becoming injured at work as far as is reasonably practical for them to do so. Furthermore, per the Provision and Use of Work Equipment Regulations 1998 (PUWER), an employer must ensure that all work equipment is safe and suitable for its intended purposes.
An employer can breach their duty by failing to train employees in the use of dangerous machinery adequately. Missing or incorrectly carried out risk assessments can also constitute a breach of the duty of care they owe.
In order to make a personal injury claim, you need to establish the following:
- Your employer owed you a duty of care.
- Your employer breached their duty of care to you.
- This breach was the cause of your injuries.
The three points above lay the foundation of negligence in personal injury claims. If you have evidence that negligence occurred, you could seek compensation.
Time Limit
Per The Limitation Act 1980, you will typically have 3 years from the accident date to start legal proceedings for your personal injury claim. However, there are exceptions to this time limit.
If you are unsure how long you have to make an injury at work claim, or whether you’re eligible to pursue compensation, you can contact our team of advisors to find out more.
Causes Of Accidents Involving A Pallet Wrapping Machine
A pallet wrapping machine is used for securing loads for transportation. Generally, a pallet wrapping machine will come in two different configurations; a conveyor belt with a rotating arm that moves the wrap reel around the pallet or a turntable on which the pallet sits with a static reel. Both versions of this machine have multiple moving parts and deal with heavy loads.
A pallet wrapping machine, therefore, like any other piece of industrial machinery, presents a risk to employees using the machine and those conducting maintenance.
The Health and Safety Executive (HSE), the British regulator for workplace health and safety, found that conveyors are involved in 30% of all machinery accidents in the food/drink industries. Additionally, it was found that 90% of the injuries involve well-known hazards, including trapping points between moving and mixed parts.
Examples of how a pallet wrapping machine accident could occur are listed below:
- The employer provided no or inadequate training in the maintenance of the machine. You were unsure how to replace the film rollers and got your hand caught in the machine causing damage to your fingers which resulted in amputation.
- A reported fault with the machine was not fixed in a reasonable time frame. As a result, an employee who was told to use the machine anyway by the employer was struck by the rotating arm, sustaining a head injury.
- The guards around the machine were inadequate or removed. As a result, an employee’s clothing was sucked into the machine causing them to sustain an injury to their arm.
If you have experienced harm in a factory accident at work involving a pallet wrapping machine due to employer negligence, please speak with an advisor. They can discuss the potential next steps you could take, such as seeking legal representation and pursuing a claim for compensation.
Gathering Evidence for Your Personal Injury Claim
Evidence is key in showing that your employer owed you a duty of care at the time of the accident and that their breach of this duty was the cause of your injuries. It can also demonstrate the physical and psychological impacts of your injuries. Below are some of the examples of evidence you could gather to support your claim following an accident in the workplace:
- Workplace documents showing maintenance work on the pallet wrapping machine was carried out incorrectly or not at all.
- Documents such as training records that show you had not received adequate training in the machine’s usage.
- The contact details of any witnesses so their statements can be taken during the claims process.
- The incident report in the workplace accident book.
- You can request a copy of the workplace CCTV showing the accident if available.
You can contact our team with any queries about what evidence could be gathered to support your claim. They could connect you with one of our solicitors, who could provide assistance in the collection of evidence, provided you meet the criteria to seek personal injury compensation.
No Win No Fee Workplace Accident Claims
Our solicitors can offer you a type of No Win No Fee contract called a Conditional Fee Agreement or CFA. Under the terms of this contract, you generally will not have to pay any upfront fees for the solicitor’s services. You will likewise not have to pay any fees for their work as your claim progresses, or in the event of an unsuccessful claim.
If your claim is successful, the solicitor will take a percentage of your compensation, known as a success fee. This percentage is subject to a legal cap, which means you will keep the majority of your settlement.
If you have any questions regarding the terms of the CFA or whether you could claim for injuries sustained in an accident at work involving a pallet wrapping machine, you can reach out to an advisor by using the details below:
- Call on 0800 073 8801
- Contact us online
- Connect with an advisor using the chat function below
Further Guidance On Claims For Accidents At Work
For more of our guides:
- Find out how to claim if you slipped on a wet floor at work.
- Learn what you could claim for a broken bone.
- Read about how to make a burn injury claim.
For further resources:
- HSE – Managing risk assessments at work
- GOV – Statutory sick pay
- NHS – When to call 999
Thank you for reading our helpful guide on when you could begin a claim for a workplace pallet wrapping machine accident. If you require any further information or guidance, please speak with an advisor on the number above.
Guide by HC
Edited by MMI