Although we are progressing with time, in terms of technology and some types of jobs they can already be taken over by automated equipment / machinery. As of where we are now, many pieces of equipment still require complete or partial human intervention. A lot of these machines and components or bits of equipment can be classified as dangerous machinery for the simple reason that—unless the worker has profound knowledge, experience, and/ or skill in using them, they can cause serious injuries or even death.
When a person works with any dangerous machinery, they should already be aware that they’re at constant risk of injury and that there’s a real possibility of being injured in an accident. But if such an accident is caused by other factors or people other than your own fault, it’s also possible for them to file for a dangerous machinery injury claim.
When to File for a Claim
The most important question to ask when filing for such a claim is this: who is responsible for the accident?
Usually but by no means always it’s the employer. The employers are mandated by law to ensure that the employees are working in a safe, clean, and worker-friendly environment even if there are large machines involved. They should always have the well-being of their workers in mind, including providing the necessary protective equipment.
But what if the responsibility of the machine’s maintenance and functionality lies with the worker? Does this mean they can no longer file a claim against their employer? It’s highly possible that these tasks are part of the worker’s job description. Nevertheless, the employer still has the duty to regularly assess the machines themselves and have an updated knowledge on their condition by asking for reports regularly from the worker in charge.
Moreover, they are the ones who should see to it that damaged or problematic machines are repaired immediately.
In this case, it’s very important for the employee (1) to prove that they have already taken the necessary steps to ensure their own safety and the good condition of the machine and that (2) the company was negligent of their own duties.
What Happens upon Filing a Claim?
Firstly, before you file for a dangerous machinery injury claim, approach a solicitor who can help you assess the merits of the claim. By doing this it can inevitably save you wasting your own money and time because not all types of injuries are going to be worthy of a claim.
If the claim is valid and the solicitor takes on your case, you need to comply with certain requirements including getting the necessary documents that will serve as proof. Once all the details have been laid out and the claim is made, a letter is then sent to the employer or the defendant expressing your desire for just compensation through a claim.
The defendant, along with their insurance company will then investigate the matter further. They should then have a fair idea of how they stand and decide whether to accept your desired compensation or not. If they should choose the former, then the claim can be settled out of court. If they do not, you have the option to bring it to court and let the judge decide if the claim has merit.