Accident at work

Accidents At Work Caused By Food Processing Machinery

The food and drink industry in this country is a very profitable sector of industry. However, employers are under a duty to their employees to make and keep their place of work safe and to ensure that accidents are not caused in the food processing sector while operating food processing machinery. 

In the food/drinks industry, machinery and plant causes; 

• Over 30% of fatal injuries 
• Over 10% of major injuries – requiring hospitalisation 
• Over 7% of all injuries i.e., major injuries and (over a 3-day absence injuries)
• Almost 500 injuries per year are reportable to the HSE 

What Machinery Is Responsible For The Most Accidents And Injuries At Work?

In relation to the main causes of injuries investigated by the Health and Safety Executive in the food and drinks industries over a 4 year period, this highlighted the main types of machinery involved, which are as follows: 

• Conveyors 30% 
• Forklift trucks 12% 
• Band sores 5% 
• Thermoform machines, pie and tart machines, pallatisers/de-pallatisers, strapping/banding/tapping machines and mincing/grinding/mixing machines 4% each 
• Food mixers, wrapping machines, dough moulders and depositors 3% each 
• Slicers, dough dividers, de-rinders, drinks bottling machinery, roll plant and kegging plant 2% each 
• Patty formers, cartooning machines, vertical thermoform machines, drinks labeling/marking machines, shrink wrapping machines and drink processing machinery 1% each 
• Drinks crating/de-crating machines, stamping/punching/franking machines and drinks canning machinery 0.5% each 

Accidents At Worked Caused By Conveyors Stats

• Conveyors are involved in 30% of all machinery accidents in the food/drinks industries, more than any other class of machine. 
• 90% of conveyor injuries occur on flatbed conveyors 
• 90% of the injuries involved well-known hazards such as in running transmission parts and trapping points between moving and fixed parts 
• 90% of accidents occurred during normal foreseeable operations – production activities, clearing blockages etc. 
• Safeguarding of hazardous parts of conveyors may be by design, for example lift out rollers that prevent finger trapping, fixed guarding (requiring a hand tool such as a spanner to remove) or hinged or removable interlock guards (guards fitted with coded, magnetic interlock switches to prevent the machine running with the guard removed). 

In the food industry, interlocked guards have the advantage of making the machine easier to hygienically clean on a frequent basis. However, maintenance when subject to cleaning fluids may be a little higher. 

A safe system of work should be in place for daily and routine hygienic cleaning of the conveyor belt that ensures workers are not put at risk of injury from unguarded moving parts. The system of work used should be formalized, and workers should be appropriately trained. 

All of the above relate to working within the food industry and dealing with machinery. 

Why Choose Us For Your Accident At Work Claim?

Faircloughs Accident Claims Solicitors have extensive knowledge of dealing with factory accidents involving machinery in the food industry. 

Faircloughs Solicitors have over 60 years of experience in dealing with accidents involving machinery at work in Wigan and Golborne and in the greater Northwest. 

The above information has been provided by the Health and Safety Executive in connection with dealing with workplace accidents. 

How Much Compensation For An Injury At Work?

If your solicitor is being entirely honest with you there is no straightforward answer to this question. 

There are various guidebooks that give a broad band of what claims are “worth”. 

Whilst personal injury lawyers and judges use this guideline on a day to day basis it is not the be all and end all. 

The precise figure will depend on a number of factors including:

• The severity of the original injury, 
• The degree of pain experience, 
• The extent of any treatment required in the past or in the future, 
• The impact of the symptoms of the injured person’s ability to function in everyday life and engage in social/recreational activities,
• The prognosis for the future.       

On top of any award for general damages for pain and suffering you can also claim past and future losses including loss of earnings, rehabilitation costs for physiotherapy, costs of travel, hospital parking charges etc. 

Full receipts must be provided to your personal injury solicitor in this respect.

The fact of the matter is you will not know how much a claim is worth until; it has been properly assessed by a personal injury solicitor and we at Faircloughs have 60 years of experience in this kind of claim. 

Call Faircloughs Accident Claims Solicitors for further advice if you have had an accident involving work machinery, work equipment and work machinery generally. 

How To Deal With Employers & Insurers During Your Work Claim

From the outset, it should be remembered that it is the insurance company and not your employers who pay out any personal injury claim at the end of the case.

This will include a sum for personal injuries and more importantly in many cases, to reimburse you for loss of earnings.

Many employers do not pay sick pay even if they are at fault for a workplace accident. This is very unreasonable in our view but that is the way it is with some employers.

Most employers will have had several claims made against them through their insurers for work place accidents so in all probability you will not be the first person who has made a claim.

The insurance company are normally notified about the claim through your personal injury solicitor and therefore the claim therefore normally does not go direct to your employer.

A claim comes through the insurance company to the employer. As soon as you have instructed a personal injury solicitor for example Faircloughs, then your employers have to respect the fact that you have obtained independent legal advice.

They may take for example a statement from you in connection with any internal accident investigation. You should speak to your personal injury solicitor before making a factual statement in connection with the accident circumstances which has lead to the claim. It is important that you give a statement that is factually correct, honest and straightforward.

You should not for example exaggerate the nature and extent of any injuries sustained. If after you have made a claim for personal injuries and have instructed Faircloughs or any other solicitors, then you should tread carefully when making statements to employers.

You should not be asked to go through the accident circumstances once again with your employers and you should only be asked to concentrate upon the nature and extent of the injuries as obviously this will affect your employment situation. If you have any doubts then you should contact your personal injury solicitor for assistance and advice.

If you are still employed by the company at which you at the accident then you are under a duty to lessen or mitigate your losses.

For example you will have to attend for treatment via the NHS or privately in order to speed your recovery along. A failure to do this can leave you open to criticism when you are pursuing your claim for personal injuries.

If your employers are being unnecessarily awkward with you as a result of making a claim for personal injuries then please let us know and we will try to guide you as best as possible.

In law, you are not entitled to be pressurised or harassed simply because you have made a claim for personal injuries.

Your employers will know this. You have a legal right to make a claim for personal injuries. You do not go to work to get injured.

Can You Claim For An Accident At Work?

In English law, you have a right to claim in relation to an accident which has occurred during the course of your employment. 

However, in relation to an accident at work, paying out a claim is on the basis of health and safety law which sometimes is not straightforward. 

Therefore, in relation to making a claim for an accident at work, you would be well advised to seek independent legal advice from a Solicitor who specializes in this field of law. 

You can claim under various headings and one of the most important headings is a claim for past and future losses which includes loss of earnings. 

There is also a heading for your pain and suffering which is totally separate from the claim for past and future losses. 

Therefore, in relation to a claim for an accident at work it is important that you have a proper, thorough assessment of how the injuries have affected you personally on a day to day basis. 

It is crucial to note that in relation to a claim for an accident at work, if the claim is settled there will be no question of coming back at a later date to claim further damages.

If you have had an accident at work it is crucial that you keep evidence in connection with for example:

• What caused you to have the accident at work.
• Screen shots should be kept which will have the date and time and location of the accident in the event of any dispute with the other side’s insurers. 
• An accident record book should be completed and you should co-operate with any independent investigation at your place of work. 

Call Faircloughs on 01942 665 700 or 1942 724 928 or visit their website at www.fairloughs.net 

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