Claiming for your dangerous machinery accident. If you’ve been unnecessarily injured, we can help you make your machinery accident claim on a no win no pay basis.
Firstly due to the vast contrast in legislation throughout Australia, we have created separate pages containing tailored legal information for each jurisdiction. If your machinery accident took place in any of the states below, please follow the appropriate link so we can show you the most relevant content.
- View New South Wales information or claim online here,
- visit our dedicated Victoria page or start online,
- click here for Queensland specific info or lodge online now,
- select Western Australia or make a claim here.
What is a dangerous machinery accident?
There’s no single definition of a dangerous machinery accident. It often refers to a situation where you are injured whilst using dangerous machinery and your employer did or failed to do, something. This might be referred to as an “employer’s liability claim.” If your employer is legally responsible and your injuries result from the accident, then you will likely be successful in your claim. It is your employer’s responsibility to keep the workplace clean and tidy, to provide you with suitable tools and protective equipment to enable you to do your job safely and to ensure you are fully trained to safely perform any tasks you are asked to do. If you think your employer has or hasn’t done something right, call us on 1800 106 107 for a no-obligation quote.
What does this include?
Accidents can happen at any time whilst using dangerous machinery and are more common than you may think. Some may not be obvious, but the following can lead to a serious injury:
- Improper understanding of machinery practices
- crushed by a moving vehicle
- being hit by an item falling from height
- slips, trips and falls into machinery
- exposure to dangerous substances
If you slip, you are almost guaranteed to seriously injure yourself and may permanently disable yourself. This can be incredibly debilitating, and we understand that this is a major setback. Although employers may provide a defence (such as a ‘clean as you go’ policy for spillages), there is no guarantee they haven’t been negligent in other areas that contributed to your accident. If you notified them of an issue and they didn’t take proper steps, for example, then you may be eligible for a claim. Our WorkCover team is available to offer phone assistance and provide you with a no-obligation quote to assist you with your claim.
Who is liable?
If your employer didn’t do their job properly in keeping you safe as reasonably possible, then they may be liable for the pain, suffering and other factors that may have occurred.
Often employers aren’t directly responsible for your injuries. If something wasn’t done right by another employee, even if that’s the way it’s been done for years, you may still be eligible for a claim. This is known as vicarious liability, and you may still have a claim against the employer. Insurance companies will usually pay this out, ensuring that your fellow employee is not potentially held liable for thousands of dollars. If the company hasn’t completed a regular safety check, for example, this can be evidence of a company’s negligence.
Wondering when to get help with workers comp?
What must my employer do?
Although it may not seem dangerous, a factory workplace can house a number of hazards. Your employer must provide you with equipment that allows you to work safely including suitable gloves, masks and footwear. Defective or poor quality Personal Protective Equipment (PPE) is a common source of factory incidents. Your employer has an obligation to keep you reasonably safe and:
- carry out a risk assessment to identify potential hazards in the workplace
- eliminate any risks that can be eliminated
- provide safety equipment where necessary
- train staff on safe working practices.
There are a number of health and safety regulations that govern how you are protected at work. Contact our phone line on 1800 106 107 for a no-obligation quote and more information about a potential claim.
When can I file a claim?
Dangerous machinery injuries may have different time frames in which to claim, but you may be eligible for a number of different claims such as:
After we determine the extent of your injuries over the phone, we can organise for an independent medical report to ensure that no stone is left unturned in regard to your claim. You cannot use your GP as evidence.
Our compassionate guarantee
Although some workers may be in a position of greater risk at work when using dangerous machinery, all employees are entitled to compensation if their employer is negligent.
In order to help you understand whether you can make a claim or not, we will need to ask you some questions. These include:
- When did the accident happen?
- Who was involved in the accident?
- Whether somebody was to blame for the accident?
- What the impact of the accident is?
If you feel uncomfortable answering any of these questions, we will never rush you to make any decisions or to answer straight away. There is no obligation to make a claim either, so you don’t feel pressured.
How much compensation can I get?
If the compensation is a lump sum payment, then you can spend the money in any matter you see fit. Generally speaking, compensation usually covers:
- Lost earnings and future loss of earnings
- Pain and suffering
- Expenses related to travel (eg. Hospital transport)
- Care costs – these may include the costs to care for you, your loved one, or your children
We will also ensure that your job is safe if you can return. If you can’t, then you have the right to claim future lost earnings. Legislation makes sure that you have certain rights when you are involved in a factory accident.
You can use our online compensation calculator to find out how much you could be owed for your injuries.
What are some common injuries?
The most common injuries can happen in a second with dangerous injury, and dangerous machinery injuries can result in:
Each of these may result in a factory workplace claim, even if you have a previous condition that has been worsened by working in your current environment.
There are no hidden fees; no upfront payments and you have the peace of mind that you have no obligation to make a claim. So, call us at 1800 106 107 to see if you have a claim.
What to do next
Even if you’re a visitor, contractor or employee, you have rights to claim compensation in a dangerous machinery accident that wasn’t your fault. Call us now for an obligation free quote about a potential claim.
Why Millner and Knight?
Our lawyers will work their hardest to get you the maximum machinery injury compensation you deserve. Every day we help people who have been injured through no fault of their own start their journey to compensation.
When you call us, you’ll never be pressured into starting your claim with us. You will receive expert legal advice from a personal injury lawyer who has experience in cases like yours.
After the phone call, it’s up to you whether you decide to take things further or not. If you wish to proceed, we can provide you with first-class legal representation anywhere in Australia.
Millner and Knight have lawyers in all major cities and throughout each state.