Factory Accident Claims
Serious Injury Lawyers
The mixture of machinery, hazardous substances and working in close proximity means that factory workers are at risk of injury. Our personal injury lawyers, specialise in serious injury claims. We will guide you through the claims process seeking to win the best financial and care award for you.
“Well-regarded personal injury practice well equipped to advise on high-value and high-profile claims, including fatalities and severe spinal injuries. Specialist expertise in cycling-related injury claims.”
“Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms.”
The manufacturing industry employs 10% of the British workforce but accounts for 25% of all fatal workplace accidents and 16% of reported accidents.
The factory can be a dangerous environment and whilst there have been improvements in worker safety over recent decades there is still room for improvement.
The main source of safety improvements has been the imposition of European legislation over the last 20 years, which built on the 1961 and 1974 Factories Acts. This legislation covers a wide area of activities in the workplace, and ensures that risk assessments are at the centre of operations.
Machinery injuries and strict liability
In factories, machinery poses a particular risk. The regulations mean that if a machinery is defective, for whatever reason, and this causes injury to a worker, then the employer will be liable to pay compensation for those injuries. This is one of the few examples of ‘strict liability’ in UK law, where it is not necessary to prove fault on the part of the defendant. Strict liability is imposed in this situation for the protection of workers – there is an inequality of status between the employee and employer, which would make it difficult for the employee to produce the necessary evidence to prove that a machine malfunctioned because of some negligence on the part of the employer.
So for example, Osbornes acted for Mrs V, a Bulgarian lady who worked in an industrial bakery in London and spoke little English. She was operating a machine on the production line, a machine she was trained on and had no problems with before, when suddenly and without warning part of the machine, a metal block, swung out and hit her on the head, throwing her across the factory floor and knocking her out. She was unable to say what the part was and how or why it ejected from the machine and she had no details of witnesses. Proving fault on the part of her employer would have been extremely difficult, but because the machine had malfunctioned the employers were strictly liable and so she was compensated for the head injury that interfered with her work for the next three years.
Strict liability does not apply to most other work activities, so for most employees it is necessary to prove the cause of an accident and to show that the employer was at fault in some way. Fortunately there are other regulations that help, because they impose various safety duties on employers. Legislation controls how machinery and other work equipment is used and how the factory is organised, so that worker safety is taken into a consideration. For example, many factories have vehicles such as forklift trucks and pallet trucks moving about on the ‘shop floor’ and there are rules about how pedestrian walkways should be used to keep traffic away from pedestrians. This is elementary safety procedure but it is surprising how many cases we come across where a factory worker has been injured by a vehicle that has been allowed to operate in an area where pedestrians are moving about.
Hazardous and toxic substances are often used in the manufacturing process, and there are regulations designed specifically to control their use so as to minimise the dangers to health and safety.
Common sense approach
Much is said about the ‘health and safety culture’ and the need to apply a common sense approach to risks and to reduce the burden of bureaucracy. This may be true in some areas, but in the factory setting it is vital that there are proper rules, strictly applied, to make sure that employers take their responsibilities for worker safety seriously. So it is a real concern that the Government has rushed through parliament an amendment to the Enterprise Bill to prevent injured workers relying on the safety regulations in a claim for compensation. If the amendment is made law accident victims will once again have to rely on proving negligence by their employers and we will be left with a Victorian style safety regime where it will be much more difficult to succeed with a claim against an employer.
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
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