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In this guide, we look at the compensation settlement that could be awarded if you succeed in making a personal injury claim for being cut by defective machinery at work. When valuing settlements, several factors are considered, including the severity of your injuries and the impact they have on your overall quality of life. We discuss how personal injury payouts are calculated in more detail later in this guide.
What Could You Claim If Cut By Defective Machinery At Work?
Additionally, we discuss the eligibility criteria that need to be met in order to begin a claim following an accident at work and the evidence you could collect to support your case.
Employers have a duty of care to keep employees safe at work. We provide examples of how an accident involving defective machinery could occur if this duty is breached.
Finally, we discuss the benefits of instructing one of our No Win No Fee solicitors and the services they could offer.
For more information regarding your potential accident at work claim, please reach out to an advisor. They are available 24/7 to offer free advice. To reach them, you can:
If you have been cut by defective machinery at work and you make a successful personal injury claim, you could potentially be awarded a settlement that consists of both general damages and special damages.
General damages compensates for the pain and suffering caused by your physical and/or psychological injury. The Judicial College Guidelines (JCG) and any medical evidence provided in support of your case are documents that your solicitor may use to help them value the general damages portion of claims. The JCG has guideline compensation brackets for a variety of injuries with different levels of severity.
The table below includes the JCG’s compensation brackets for different cuts, laceration or scarring injuries. You should only use these as a guide, however.
| Injury | Severity | Guideline Compensation Bracket | Comments |
|---|---|---|---|
| Arm Amputation | Loss of one arm (b) (iii) | £96,160 to £109,650 | An amputation of one arm below the elbow. |
| Hand | Total or effective loss of one hand (c) | £96,160 to £109,650 | Traumatic amputation of all fingers and most of the palm. |
| Very serious injury to the thumb | £19,600 to £35,010 | Where function has been lost because the thumb has been severed at the base and joined back together. | |
| Serious injury to the thumb (t) | £12,590 to £16,760 | Amputation at the tip of the thumb. | |
| Moderate (h) | £5,720 to £13,280 | Deep lacerations are included in this bracket. | |
| Toe | Amputation of all toes (a) | £36,520 to £56,080 | The award given will depend on whether the amputation was traumatic or surgical. |
| Leg | Less Serious (c) (iii) | £39,200 to £54,830 | Lacerations, cuts and bruising are included in this bracket. |
| Foot | Modest (g) | Up to £13,740 | Straightforward foot injuries including lacerations which completely or nearly completely recover. |
| Knee | Moderate (b) (ii) | Up to £13,740 | Lacerations, twisting or bruising injuries are covered by this bracket. |
If you receive general damages in your payout, you could also receive special damages which compensates for the financial losses caused by your injuries. For example:
Receipts, bank statements, travel tickets, payslips and invoices are documents that you should keep hold of to prove your financial losses.
For more information on what you could claim in compensation if you have been cut by defective machinery at work, contact our team on the number above.
You could be able to start a personal injury claim after being cut by defective work equipment if you can prove:
Stated in The Health and Safety at Work etc. Act 1974 is an employer’s duty of care to take reasonable steps, as well as practicable steps, to prevent an employee becoming injured while at work or as they perform their work-related duties.
Additionally, The Provision and Use of Work Equipment Regulations 1998 (PUWER) places a duty on those who own, operate or have control over work equipment as well as those whose employees use the equipment whether it is owned by the business or organisation or not.
Furthermore, PUWER requires that any equipment provided for use at work is, for example, suitable and safe for it’s intended use, maintained in a safe condition and used by employees who have been adequately trained.
If there is a failure to do so and this causes you to sustain harm, it could mean you are eligible to make a workplace accident claim. Call our team to find out more.
There are several ways you could sustain a cut by defective machinery at work. For example:
You can chat with our team if your specific accident and injury aren’t listed in the examples above. They will tell you if you can sue your employer following an accident at work.
Collecting evidence is an important step to take when making a personal injury claim after being cut by defective machinery at work. Evidence can help prove that your employer is responsible for you sustaining harm and show how your injury has and will affect your life.
Some types of evidence which is useful to gather include:
If you are eligible to instruct one of our solicitors, they could help you collect evidence as part of the services they offer. To find out more, please reach out to an advisor via the number at the top of the page.
Our No Win No Fee solicitors can offer you a Conditional Fee Agreement (CFA) if you are eligible to continue progressing with your case.
While working under a CFA, you don’t have to pay your solicitor a fee upfront for their work. You also don’t have to pay fees for their services as the case progresses or if your case is unsuccessful.
Your solicitor will deduct a success fee from your compensation if the claim succeeds. They take this as a percentage, which has a legal cap.
If you have any other questions about working with one of our solicitors, please get in touch with an advisor. To do so, you can:
For more of our helpful guides:
Additionally, you might want to see these pages:
Thank you for reading our guide on what you could claim if you have been cut by defective machinery at work. If you have any other questions, call our team on the number above.
Guide by JM
Edited by MMI
