A machinery accident at work claim is a compensation claim brought by an employee injured by machinery, plant or equipment that was unguarded, poorly maintained, defective, or used without proper training or supervision. Emaari Legal handles claims arising from serious and catastrophic machinery injuries, including crush injuries, amputation, severe burns and complex fractures, under the law of negligence and the Limitation Act 1980.
Machinery accidents happen suddenly and their consequences are often severe and permanent. A worker crushed by a forklift, caught in an unguarded conveyor, or burned by faulty electrical equipment can face months of hospital treatment, rehabilitation and lost income. Emaari Legal can send a solicitor to visit an injured worker at home or in hospital within 24 hours where this is needed, so the claim can be assessed without delay.
What counts as a machinery accident at work claim?
A machinery accident at work claim covers injuries caused by any piece of plant, tool or equipment used in the course of employment, where negligence by an employer, manufacturer or a third party caused or contributed to the accident. This includes:
- Crush injuries from presses, rollers, forklifts, pallet trucks and conveyors
- Amputation or limb loss from entanglement in unguarded moving parts
- Serious burns from overheating machinery or faulty electrical equipment
- Complex or multiple fractures from being struck by moving or falling machinery
- Psychiatric injury, including PTSD, following a serious or fatal machinery accident
Where the fault lies with the machine itself rather than how it was used, this becomes a faulty machinery injury claim, and the manufacturer or supplier, as well as the employer, may share responsibility. This is a specific route within the broader accident at work claims area that Emaari Legal handles.
How much compensation can I claim for a machinery accident at work?
Compensation for a machinery accident at work claim is assessed under two heads: general damages for pain, suffering and loss of amenity, valued by reference to the Judicial College Guidelines, and special damages for financial losses such as loss of earnings, care, rehabilitation costs and equipment adaptations. Because outcomes depend entirely on the individual injury, prognosis and financial loss, no fixed figure can be predicted for any case; each claim is valued individually against medical and financial evidence.
| Injury type | Typical machinery cause | What compensation may address |
|---|---|---|
| Amputation or limb loss | Entanglement in unguarded moving parts | General damages plus prosthetics, adapted housing, future care |
| Crush injury | Forklifts, pallet trucks, presses, conveyors | General damages plus rehabilitation, physiotherapy, lost earnings |
| Serious burns | Overheating machinery, faulty electrical equipment | General damages plus scarring treatment, psychological support |
| Complex fractures | Being struck by moving or falling machinery | General damages plus surgery costs, time off work |
| Psychiatric injury (PTSD) | Witnessing or surviving a serious machinery accident | General damages plus therapy and loss of earnings where capacity is affected |
Where a machinery accident proves fatal, dependants may bring a claim under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934, which allow claims for the estate’s losses and, in defined cases, a statutory bereavement award.
What are the safety and health risks after a serious machinery injury?
Serious machinery injuries carry risks that extend well beyond the initial trauma, including chronic pain, complex regional pain syndrome (CRPS), infection, nerve damage and long-term mobility loss. Crush injuries in particular can cause compartment syndrome and require ongoing surgical review, while amputations require prosthetic fitting and adaptation of the home and workplace.
Psychological effects are common and recognised as a head of claim in their own right: witnessing a colleague’s serious injury, or surviving a life-threatening machinery accident, can cause PTSD requiring specialist treatment. Independent medical examination is used to establish prognosis, ongoing treatment needs and the effect on a claimant’s capacity to work, and this evidence directly informs how the claim is valued.
Who is responsible for a machinery accident at work?
Employers owe a duty to provide machinery that is properly guarded, maintained and suited to the task, and to train and supervise staff who use it. Where an employer fails in this duty and an employee is injured as a result, this is capable of amounting to employer negligence, and the injured worker can bring a claim.
The Health and Safety Executive investigates serious workplace machinery accidents, and its findings, along with accident book entries, internal incident reports and any enforcement action, often form key evidence in a claim. Manufacturers and suppliers can also be liable where a defect in the machine itself, rather than how it was operated, caused the injury.
What should I do after a machinery accident at work?
Evidence gathered soon after a machinery accident strengthens a claim considerably, because machinery can be repaired, replaced or reset, and witness memories fade. Useful early steps include:
- Report the accident and ensure it is logged in the workplace accident book.
- Photograph the machine, guarding, and the site of the accident before anything changes.
- Note the names of any witnesses.
- Request CCTV footage be preserved, as it may otherwise be overwritten.
- Attend a GP or hospital promptly, so medical records capture the injury and its cause accurately.
- Seek advice on time limits and funding before evidence is lost.
Where do machinery accident at work claims go through the courts?
Most machinery accident at work claims are dealt with under the Civil Procedure Rules’ pre-action protocol for personal injury claims, which sets out how a letter of claim is sent to the employer’s insurer, the period allowed for a response, and the exchange of evidence before proceedings are formally issued. Claims that settle do not need to reach a courtroom at all.
Where a claim cannot be resolved through negotiation, proceedings are issued in the County Court for most claims, or the High Court where the claim is higher in value or particularly complex, such as those involving lifelong care needs. Under the Limitation Act 1980, a claimant generally has three years from the date of the accident to issue proceedings, though this period is suspended for children (running instead from their 18th birthday) and for anyone who lacks the mental capacity to manage their own affairs at the time.
Where to go next
A machinery accident at work claim sits within the wider category of accident at work claims, which also covers falls from height, manual handling injuries and industrial disease. Emaari Legal offers a free consultation to assess whether a claim is likely to succeed, explains funding options including a Conditional Fee Agreement, and checks whether existing legal expenses insurance could apply.
The wider employer duties are on the accident at work claims page, the fault arguments are covered under employer negligence claims, and how the award is calculated is under personal injury compensation amounts.
Frequently Asked Questions
How much compensation can I claim for a machinery accident at work?
Compensation depends on the injury’s severity, prognosis and financial losses, assessed as general damages under the Judicial College Guidelines plus special damages for losses such as earnings, care and rehabilitation; no fixed amount can be predicted without reviewing the medical and financial evidence.
Can I claim if faulty machinery caused my injury?
Yes, a faulty machinery injury claim can be brought against an employer who failed to maintain or guard equipment properly, or against a manufacturer or supplier where a defect in the machine itself caused the accident.
Are employers responsible for machinery accidents in the workplace?
Employers owe a duty to provide machinery that is safe, properly guarded and maintained, and to train staff who use it; where a failure in this duty causes injury, the employer can be liable in negligence.
How long do I have to make a machinery accident at work claim?
The standard time limit is three years from the date of the accident under the Limitation Act 1980, extended for children until their 21st birthday and suspended for claimants who lack mental capacity while that incapacity continues.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Book a free consultation to discuss your machinery accident claim.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).