Industrial Injury Claims
Industrial Injury Lawyer
Our lawyers specialise in Industrial Injury Claims. We will guide you through the process of claiming compensation.
“They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area.”
“This is an excellent PI team, who are highly respected in the PI sector. Their team includes bright, hard-working solicitors dedicated to achieving successful outcomes for their clients”
Introduction
The manufacturing industry employs 10% of the British workforce but accounts for 25% of all fatal workplace accidents and 16% of reported accidents at work. 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 was 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 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.
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, other regulations 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 an 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 to minimise the dangers to health and safety.
What are common causes of industrial injury claim?
Understanding the causes and types of these injuries is crucial for both preventing them and supporting workers through the claims process. Industrial injuries can result from a range of issues including:
- Insufficient training on the use of equipment and safety procedures.
- Unsafe working conditions, such as inadequate lighting, slippery floors, or blocked paths
- Poorly maintained, malfunctioning or misuse of machinery
- Contact with toxic chemicals without proper protective equipment
- Tasks that involve heavy lifting or repetitive movements
- Failure to provide or use appropriate Personal Protective Equipment (PPE)
What are common types of industrial injury claim?
- Respiratory diseases and skin disease
- Repetitive Strain Injuries (RSIs) such as carpal tunnel syndrome or tendonitis
- Hearing loss or damage resulting from exposure to loud noise without adequate protection
- Injuries caused by exposure to hazardous substances, including chemical burns, poisoning, and cancers
- Vibration White Finger (VWF) or Hand-Arm Vibration Syndrome (HAVS) caused by extended use of vibrating hand-held machinery
What is the law relating to industrial injuries?
In the UK, the legal framework for dealing with industrial injury claims is covered by:
- The Health and Safety at Work Act 1974
- The Management of Health and Safety at Work Regulations 1999
- The Workplace (Health, Safety and Welfare) Regulations 1992
- The Personal Protective Equipment at Work Regulations 1992
- The Provision and Use of Work Equipment Regulations 1998 (PUWER)
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
- The Industrial Injuries Disablement Benefit
How do you make an industrial injury claim?
- First and foremost, get medical treatment for your injury. This is crucial not only for your health but also because medical records will serve as important evidence for your claim.
- Notify your employer about the injury as soon as possible. Most companies have a procedure in place for reporting workplace accidents. This report will act as an official record of the incident.
- Keep detailed records of all medical treatments related to your injury. Document the circumstances surrounding your injury including dates, times, location, how the injury occurred, and any witnesses. Keep records of any expenses incurred as a result of the injury, including travel costs to medical appointments, and any lost earnings.
- Call your our industrial injury lawyers on 020 7485 8811 or complete the enquiry form below.
- One of our lawyers will arrange a time to speak with you so we can find out all the details and understand exactly what has happened. Once we have this information we’ll be able to advise you on the best course of action.
Industrial injury case study
Osbornes made an Industrial Injury claim 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.
What types of industrial injuries can I claim for?
We have helped clients claim compensation for a wide range of industrial injuries including:
- Arm Injury Claims
- Back Injury Claims
- Elbow Injury Claims
- Finger Injury Claims
- Hand Injury Claims
- Hip Injury Claims
- Knee Injury Claims
- Leg Injury Claims
- Neck Injury Claims
- Shoulder Injury Claims
- Wrist Injury Claims
How much compensation will I receive for my claim?
No two claims are the same so we can’t say how much compensation you will get for your claim. Compensation is split into two parts:
- General damages (based on the severity of injuries and the length of time it takes for you to recover)
- Special damages (covering current and predicted out of pocket expenses as a result of the injury – such as loss of property, medication, aids and equipment, treatment, travel and loss of income).
While we might not be able to say how much compensation you can expect to get, we are experienced in a wide range of industrial injury claims and should be able to give you an estimate, when we speak.
How our industrial injury lawyers can help
At Osbornes Law we have one of the largest industrial injury teams in London. Our solicitors have helped thousands of people make no win no fee claims to get their lives back on track following serious injuries. We have built up a strong reputation for representing clients with the following injuries:
Osbornes Law is an active supporter and campaigner for the Association of Personal Injury Lawyers (APIL) – an organisation fighting for the rights of injured people. Other organisations supported by the team include Headway East London, Spinal Injuries Association and the Limbless Association.
Osbornes prepares cases well; the whole team is good and lawyers there know their stuff.
They deal with people compassionately and take on the right amount of detail. The firm has some really brilliant key solicitors.
The personal injury team is responsive and its level of service towards clients and other professionals is exceptional and high quality
The team offers specialist expertise in cycling-related injury claims and regularly acts for foreign nationals.
It has considerable experience in cases arising from motor accidents and accidents at work
Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.
Their team includes bright, hard-working solicitors dedicated to achieving successful outcomes for their clients from partner level to paralegal. Their client care is exceptional.
They are a team who are highly respected in the PI sector.
This is an excellent PI team doing a broad range of PI work.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims, with notable strength in acting for European clients for whom English is not a first language.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims.
"Osbornes always provides work of excellent quality and the advice is sound."
"The firm has the ability to handle the most sophisticated and complex matters."
"Osbornes is always client-focused and works tirelessly to obtain the best outcomes."
'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'
"They are a boutique firm with highly experienced partners who are well-respected in the industry."
"The team at Osbornes deals with catastrophic injury claims with the same professionalism as the largest firms, but provides a much more client-focused experience."
"A really first-rate team, well capable of dealing with the most serious and complex injuries."
"This team has carved out an exceptional reputation in catastrophic injury work."
"Osbornes has impressed me with their personal touch for clients whilst offering a first-class handling of catastrophic injury claims. The partners all have vast experience and are highly respected in their field."
"This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market."
"Osbornes have managed to recruit a team of outstanding catastrophic injury lawyers who are at the top of the game."
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Ben Posford is one of London’s best catastrophic injury lawyers, in my view. He is a real brain injury specialist.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"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 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."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
"Stuart is also very experienced in advising on fatal accidents and workplace accidents."
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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Our Personal Injury Team View the whole team
Rob Aylott
Partner
Personal Injury SolicitorsSam Collard
Partner
Personal Injury SolicitorsSophie Davies
Partner
Personal Injury SolicitorsNicola Hall
Associate Solicitor
Personal Injury SolicitorsAndrew Middlehurst
Associate Solicitor
Personal Injury SolicitorsLaura Swaine
Senior Associate
Personal Injury SolicitorsView the
whole team
