Eligibility Criteria: Who Can Make a Faulty Work Equipment Claim?
To be eligible for a faulty work equipment claim, you must meet the following criteria:
Employee Status: You must be an employee or worker at the time of the incident. This includes full-time, part-time, temporary, and agency workers.
Time Limit: The injury must have occurred within the last three years. This is known as the ‘limitation period’. In some cases, such as industrial diseases, the three-year period may start from the date you became aware of the injury or illness.
Causation: Your injury must be directly caused by defective work equipment. This could be due to faulty manufacturing, poor maintenance, or lack of proper safety features.
Employer Negligence: You must be able to demonstrate that your employer failed in their duty of care. This could include not providing proper training, failing to maintain equipment, or ignoring reported faults.
Injury Severity: While any injury can potentially lead to a claim, more severe injuries that impact your quality of life or ability to work typically result in higher compensation amounts.
It’s important to note that even if you were partially at fault for the accident, you may still be eligible to claim if your employer’s negligence was a contributing factor.
What Qualifies as Defective Work Equipment?
Defective work equipment refers to any machinery, tools, or devices provided by an employer that are not fit for purpose, pose a safety risk, or fail to function as intended. This can include:
- Machinery with missing or faulty safety guards
- Tools with manufacturing defects
- Equipment that has not been properly maintained
- Vehicles with mechanical faults
- Personal Protective Equipment (PPE) that fails to provide adequate protection
- Electrical equipment with faulty wiring
- Ladders or scaffolding that are unstable or broken
It’s important to note that equipment doesn’t need to be inherently defective to qualify. Equipment that has become dangerous due to lack of maintenance, improper use, or wear and tear can also be considered defective if it poses a risk to worker safety.
Common Injury Claims Resulting From Faulty Work Equipment
Defective work equipment can cause many different types of injury, for example:
- Electric shock injuries from faulty electrics
- Burn injuries from equipment catching fire, heating up or spilling liquids
- Back injuries from faulty lifting equipment
- Hearing loss from acoustic shock in faulty call centre headsets
- Amputation from cutting tools or crushing
- Finger injuries from missing guards
Many such injuries can leave a person unable to work. Consequently, they may struggle to cope with a loss of income as well as their health. Claiming personal injury compensation can help in a number of ways:
- It’s your legal right, and fairly compensates you for injuries that were not your fault.
- It can pay for private medical treatment and rehabilitation therapies to speed your recovery.
- It can make up for lost income now and in the future if you are prevented from working again.
Your Rights as an Employee
As an employee in the UK, you have several rights when it comes to workplace safety and equipment:
- Right to a Safe Working Environment: Your employer has a legal duty to provide a safe workplace, including properly functioning equipment.
- Right to Proper Training: You should receive adequate training on how to use any equipment safely and correctly.
- Right to Appropriate PPE: If your job requires personal protective equipment, your employer must provide this free of charge.
- Right to Report Concerns: You have the right to report any safety concerns, including issues with equipment, without fear of retaliation.
- Right to Refuse Unsafe Work: If you believe that using certain equipment poses an immediate danger to your health and safety, you have the right to refuse to use it.
- Right to Compensation: If you’re injured due to defective equipment, you have the right to seek compensation for your injuries and related losses.
- Right to Information: You have the right to be informed about any risks associated with the equipment you’re using and how these risks are being managed.
Remember, your employer has a legal obligation under the Health and Safety at Work Act 1974 and other regulations to ensure that all work equipment is suitable, properly maintained, and safe to use. If they fail in this duty and you’re injured as a result, you may have grounds for a compensation claim.
Proving Employer Liability
To make a successful defective work equipment claim, you’ll need to demonstrate that your employer was negligent in their duty of care. This involves proving the following elements:
Duty of Care: Your employer has a legal obligation to ensure your safety at work, including providing safe equipment. This duty is set out by the Provision and Use of Work Equipment Regulations 1998 (PUWER).
Breach of Duty: You must show that your employer failed in this duty. This could be through:
- Providing faulty equipment
- Failing to maintain equipment properly
- Not conducting regular safety checks
- Ignoring reported faults
- Failing to provide adequate training
Causation: You need to prove that your injury was directly caused by the defective equipment and your employer’s negligence.
Injury: You must have suffered a genuine injury or illness as a result.
Evidence is crucial in proving these elements. Some types of evidence that can support your claim include:
- Photographs of the defective equipment
- Witness statements from colleagues
- Maintenance and inspection records
- Accident book entries
- Medical records detailing your injuries
- Expert testimony on equipment safety standards
An experienced solicitor can help you gather and present this evidence effectively to build a strong case.
Compensation Amounts: What Can You Expect?
The amount of compensation you may receive for a defective work equipment claim varies depending on several factors:
Severity of Injury: More severe injuries typically result in higher compensation amounts.
Long-term Impact: If your injury has long-lasting effects on your life or ability to work, this will be reflected in the compensation.
Financial Losses: You can claim for financial losses incurred due to the injury, including:
- Lost earnings
- Medical expenses
- Travel costs for treatment
- Care costs
- Future loss of earnings if you’re unable to return to work
As a general guide, compensation amounts may fall into these ranges:
- Minor injuries with full recovery: £3,000 – £10,000
- Moderate injuries with some lasting effects: £10,000 – £50,000
- Severe injuries with significant long-term impact: £50,000 – £250,000+
Remember, these are just estimates. Your solicitor will be able to provide a more accurate assessment based on the specifics of your case.
No Win No Fee: Understanding the Financial Aspects of Your Claim
Making a defective work equipment claim doesn’t have to be a financial burden. Our personal injury solicitors offer their services on a ‘No Win No Fee‘ basis, also known as a Conditional Fee Agreement (CFA). Here’s what you need to know:
How It Works: Under a No Win No Fee agreement, your solicitor will take on your case without requiring any upfront payment. If your claim is successful, their fees will be paid by the defendant (usually your employer’s insurance company) as part of the settlement.
Financial Protection: If your claim is unsuccessful, you won’t have to pay your solicitor’s fees. This arrangement minimises your financial risk and ensures access to justice regardless of your financial situation.
Success Fee: If you win your case, your solicitor will deduct a ‘success fee‘ from your compensation. This is capped at 25% of your total compensation (excluding future care and loss costs) and will be clearly explained in your agreement.
Insurance: Your solicitor may recommend taking out After the Event (ATE) insurance to cover any potential costs if your claim is unsuccessful. The premium for this insurance is typically only payable if you win your case.
Transparency: Your solicitor should provide a clear explanation of all potential costs and fees before you agree to proceed with your claim. Don’t hesitate to ask questions if anything is unclear.
By offering No Win No Fee agreements, solicitors aim to ensure that anyone who has suffered an injury due to defective work equipment can seek the compensation they deserve, without the worry of upfront legal costs or financial risk.
Process Overview: Step-by-Step Guide to Making a Claim
Making a defective work equipment claim involves several key steps. Understanding this process can help you navigate your claim more effectively:
- Report the Incident: Inform your employer immediately and ensure the accident is recorded in the company’s accident book. This creates an official record of the incident.
- Seek Medical Attention: Get medical treatment for your injuries as soon as possible. This not only ensures your well-being but also provides crucial medical evidence for your claim.
- Gather Evidence: Collect as much evidence as possible, including:
- Photographs of the defective equipment and your injuries
- Names and contact details of witnesses
- Any relevant CCTV footage
- Maintenance records of the equipment (if accessible)
- Consult a Solicitor: Contact our specialist personal injury solicitors experienced in workplace accident claims. We offer a free initial consultation to assess your case.
- Claim Evaluation: Your solicitor will review your evidence and advise on the strength of your case and potential compensation amount.
- Notification of Claim: If you decide to proceed, your solicitor will send a formal letter to your employer (the defendant) notifying them of your intention to claim.
- Investigation: The defendant has up to three months to investigate and respond, either admitting or denying liability.
- Negotiation: If liability is admitted, your solicitor will negotiate a settlement with the defendant’s insurers. If liability is denied, your solicitor may gather additional evidence to support your claim.
- Medical Assessment: You may need to undergo an independent medical examination to provide an expert opinion on your injuries and prognosis.
- Settlement or Court Proceedings: Most cases settle out of court. If an agreement can’t be reached, your solicitor may advise proceeding to court, where a judge will decide the outcome.
Remember, your solicitor will guide you through each step, ensuring you understand the process and are kept informed of your claim’s progress.
To maximise your chances of a successful claim and fair compensation, consider the following tips:
Act Promptly: Report the incident and seek medical attention immediately. Delays can weaken your claim and may be used to question the severity of your injuries.
Document Everything: Keep detailed records of the incident, your injuries, and their impact on your life. This includes:
- A personal account of the accident
- Photos of your injuries over time
- A diary of symptoms and how they affect your daily activities
- Records of all medical appointments and treatments
Preserve Evidence: If possible, keep the defective equipment or take clear photographs from multiple angles. This can be crucial evidence in proving the equipment’s fault.
Identify Witnesses: Obtain statements from colleagues who witnessed the accident or were aware of the equipment’s defective state. Their testimony can significantly strengthen your case.
Be Consistent: Ensure your account of the incident remains consistent across all communications – with your employer, doctors, and solicitor. Inconsistencies can be used to challenge your claim.
Follow Medical Advice: Attend all medical appointments and follow treatment plans. This demonstrates the seriousness of your injuries and your commitment to recovery.
Keep Financial Records: Document all expenses related to your injury, including travel costs for medical appointments, prescription costs, and lost earnings.
Avoid Social Media: Be cautious about what you post on social media. Insurers may use your posts to dispute the severity of your injuries.
Be Patient: The claims process can take time. Avoid rushing to settle, as this may result in lower compensation. Trust your solicitor’s guidance on timing.
Stay Informed: Ask your solicitor questions and ensure you understand each stage of the process. An informed client can make better decisions about their claim.
By following these tips, you can help build a stronger case and improve your chances of receiving fair compensation for your injuries and losses.
How Direct2Compensation Can Help
Direct2Compensation have handled many faulty work equipment claims over the years. We know your rights and can help you to understand what to do after a work injury and whether your employer can be held liable for your accident. We can also advise you on the claims process and what to expect from your specialist solicitor. Importantly, we can give you the confidence you need to pursue your claim.
As with all accidents at work, it is important to make sure that the details of your accident have been recorded properly within an employer’s accident book and that medical attention is sought for any injuries that you have sustained. If you haven’t done this already, we can help you to do so.
With our easy to understand claims process and ability to handle your claim quickly, simply and transparently, there are many reasons that make us the right choice. You can start your claim online or , and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.
Frequently Asked Questions
Yes, you may still be able to claim if you were partially at fault. Your compensation may be reduced based on your level of responsibility, but your employer’s duty to provide safe equipment remains.
You can still make a claim. These claims are usually handled by the employer’s insurance company, which remains liable even if the business no longer exists.
It’s illegal for an employer to dismiss you or treat you unfairly for making a legitimate claim. If this happens, you may have grounds for an unfair dismissal case.
The duration varies, but straightforward claims typically take 6-12 months. More complex cases can take longer, especially if court proceedings are necessary.
Yes, if you’ve suffered psychological effects due to the accident or injury, this can be included in your claim.
Yes, if you are self-employed and were working on premises controlled by another business and their defective equipment caused your injury, you may have grounds for a claim.
