Injured By Faulty Work Equipment? Here’s How You Can Claim Injury Compensation

By Ian Morris | Updated June 22nd, 2023

114 questions have been answered on this subject, why not ask your own?

Any person who is injured as a result of faulty or defective equipment at work is entitled to make a claim for personal injury compensation. Here we look at what ‘faulty work equipment’ means and how to prove your employer is responsible for the accident.

The definition of work equipment

The Health and Safety Executive (HSE) defines work equipment as any machinery, appliance, apparatus, tool or installation for use at work. This includes equipment which employees provide for their own use at work, and any equipment used off-site.

The ‘use’ part means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning.

The definition of ‘defective’ equipment is simpler – it just doesn’t work as it’s supposed to.

As an employee, you have the right to expect any equipment or PPE you’re tasked with using is in good condition, and free from defects that could cause you injury.

Can you claim if you’re injured by faulty equipment?

If you’re injured by faulty equipment at work and it can be shown your employer has been negligent, you are entitled to make a compensation claim.

Importantly, it does not need to be the employer’s fault that the equipment is defective, simply that it is defective. By law, employers have a responsibility to ensure that:

Equipment stays in good working order and repair
Faulty equipment is removed immediately until it has been repaired or replaced
Machinery is regularly inspected if it deteriorates over time
Employees are trained how to use equipment and are made explicitly aware of any dangers identified in risk assessments
Employees are protected against dangerous machine parts and protective equipment is provided if needed

If your employer has failed in any of the above, it’s likely they can be held liable if you’re injured as a result.

There are many other rules set out by the HSE relating to work equipment and the obligations of employers. If you believe that your employer provided you with defective equipment and this caused you to sustain an injury, you are welcome to contact us and we’ll be able to tell you if you have a valid claim.

Common injury claims resulting from defective 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.

How much can you claim for faulty work equipment injuries?

Compensation for personal injuries is comprised of general and special damages. General relates to injury itself, its severity and impact on your life. Solicitors will follow guidelines issued by the courts which give an upper and lower figure for each injury. Special damages cover the financial costs incurred as a result of the accident – lost income, medical and travel expenses, for example.

Claiming compensation for injuries caused by faulty work equipment can also help you in other ways. Once your claim is active and your specialist injury compensation solicitor has obtained an admission of liability, your claim will succeed. At this point, your solicitor will look to help you to recover more quickly by obtaining rehabilitation therapy such as physiotherapy, or private specialist treatments, at the expense of the 3rd party.

As all claims are made on a No Win No Fee basis, you will never be charged if your claim does not succeed. A successful claim will lead to a compensation settlement being made to you.

How Direct2Compensation can help with your claim

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 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.

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Questions

Read on for questions and advice about claiming, plus faulty work equipment injury claim examples...

I was involved in an accident at work due to faulty equipment, I had filled in an accident report form the next day and on the evening of the accident the company had taken pictures of the faulty equipment, I had an engineer out during the week at the company to do up a report and the faulty equipment had been changed and the company are denying that there was any pictures taken and also denying that there was an accident report form filled out and I have have proof on me phone from text messages from my supervisor that the company wanted me in to fill out the accident report form and also that they took pictures of the equipment, can you give me advice on what to do as I would greatly appreciate it.

I was involved in accident at work (due to faulty equipment) that resulted in numerous facial fractures, fractured teeth, injuries to my neck and shoulder and I’m currently undergoing counselling for PTSD. I’ve been off work 5 months.
My company are paying me my full wage but will they be able to claim that back off me when I put a claim in against them, even though it was their fault?

The fact that you are receiving full pay is great news and won’t have any negative impact on any claim you make or any settlement you may receive. Your sick pay simply means that whilst you are unable to work due to overcoming the serious trauma (both physical and psychological) that you have sustained, you don’t have the added anxiety caused by a loss of wages after an accident at work.

When you pursue your claim and succeed (which would appear a strong likelihood given the faulty equipment which is clearly negligence on the part of the employer), your employer cannot recover any salary or sick pay you have received by deducting the amount from your settlement. The situation you are in just means that there is unlikely to be any need to seek to recover lost income when negotiating settlement for your injuries in the final stages of the claims process.

Of course, if your sick pay runs out before you are able to return to work, you would be able to include any lost income in the special damages element of your claim.

You clearly have a valid claim and have every right to pursue such an action against the mandatory insurance cover that your employer has. Our specialist Solicitors would certainly love to act for you on a No Win No Fee basis to ensure that both the pain and distress caused by the physical injuries and the less visible consequences of the PTSD injury and psychological damage are fully accounted for in any settlement that you obtain.

I would be very happy to speak with you to further explain your rights and options and give you a better understanding of the No Win No Fee claims process.

I had a work accident due to faulty equipment as my supervisor instructed me to work alone when I had asked him that I needed help.

3 weeks after my accident, the company got a whole new system in and got rid of the old faulty one. My legal team had been asking them numerous times for an inspection of the facilities and now they lodged to the court to set down for trial? I’d really appreciate if you could give me ur opinion on why they would set down for trial as I’m requesting an inspection? I hope to hear from you soon.

In such circumstances, it is impossible to be sure as to why the matter is going to court. However, it could well be that your legal team have become so frustrated with the failure of the defendant to cooperate properly with the claim and not providing requested information that they feel the only option is to issue proceedings and bring the matter before the courts. This should not be seen as a negative step as it is likely to lead to the defendant suddenly springing in to action as they would not wish the matter to go to court. However, if they don’t begin to cooperate, the courts can then compel them to do so and it should push the process on for you.

I have received a soft tissue injury at work , a faulty machine door with eroding hinges completely fell off & landed on my foot causing pain & bruising , i also have witnesses to this , do i have grounds for a claim ?

It would seem that you do have valid grounds to make a claim against the mandatory insurance cover of your employer. Our specialist Solicitors can assist you with this on a No Win No Fee basis.

Hi ian
I have a low back injury due to an accident an faulty equipment, a short time after the accident the company got a whole new system in, any time I enquire about an inspection they keep ignoring the question, why do you think this would be?

Kind regards
Wayne

Are you asking about an inspection on the now replaced faulty equipment? Also, who is asking the company about an inspection? If you are asking directly, the employer may opt against informing you. However, if you have a Solicitor asking that question, they may be able to compel the employer to divulge the information to ‘you’. If you can obtain a report that demonstrates that the employer did not undertaken an inspection on the previous equipment for a considerable time prior to your accident, such evidence would be really helpful to your claim for personal injury compensation.

Have you pursued a claim for personal injury compensation? As your back injury can be attributed to faulty or damaged equipment, you may well be able to establish employer negligence and therefor succeed with a claim for personal injury compensation.

My solicitor has been asking for an inspection of the facilities but they keep avoiding the question and replying with questions about the medical report? the defendants has been asked a few times but keep avoiding, thankfully I had taken a picture of the equipment at the time of the accident and it was 3 weeks after it they had got rid of it and got a whole new system in, would you have an opinion on why this would be as it would greatly help?

Kind regards
Wayne

A defendant insurer failing to address the points raised by a claimant Solicitor is not particularly unusual. Sadly, in reality it is just the insurers trying to frustrate you and make life more awkward and frustrating for your Solicitor in the hope that you will accept a lower offer than you perhaps should do. They are attempting to divert attention to your medical and to put pressure on you to make you anxious essentially.

Thank you very much. I greatly appreciate your response.

You’re welcome. No doubt your Solicitor will consider the defendants avoidance of pertinent questions in any future correspondence.

I hurt my back at work on a defective outside bin which l have reported on a number of occasions. The employer is denying liability for the defective bin. What are my rights?

I have since had an MRI scan showing a slipped disc and trapped root nerve which has now been operated on. I still have nerve root pain and my specialist said it could be permanent nerve root damage due to the accident, so l now have to have another MRI on my back.

At face value, it would appear that you should succeed with a claim for personal injury compensation. As you had reported the faulty bin on a number of occasions, the employer was on notice of a potential hazard or risk of injury. As such, the employer had a duty of care to remove that risk to health (by repairing or removing the bin) and the fact that the employer hadn’t done so is a breach of duty. However, you say that the employer/insurers are denying liability. On what basis have they denied liability?

Have you been represented by a specialist personal injury Solicitor? If you have and the defendant has mounted a robust defence, it is unlikely that a new Solicitor would reach a different outcome without any new evidence to support your claim.

I have a claim in against the company I work for due to defective equipment and employer negligence. I have been followed by a private investigator once. Do they send a private investigator to check up on me because they have no evidence for them to succeed in defending the case? They are claiming that the accident was my fault but yet a short time after the accident they got rid of the old equipment and got a brand new one installed. Can you give me advice on this please? Thank you.

The instruction of an investigator to undertake covert surveillance on a claimant is not unusual. Such an investigator is usually instructed to see if they can demonstrate that the claimant is acting dishonestly in any way regarding their claim. Depending on the injury you have suffered and the impact you have claimed that the injury is having on you physically, the investigator will have been instructed to try and obtain footage of your undertaking tasks that you’ve claimed are not possible for you or too painful due to your injury. If they can find evidence that shows that you have in any way been dishonest or exaggerated any aspect of your claim, they will use it against you to bring your claim to an end.

The installation of new equipment as a result of your accident can not be seen as an admission of liability. Also, the denial of liability from the employer is a standard response and is simply a case of the defendant putting the onus on you/your Solicitor to demonstrate and evidence employer negligence such as a lack of training or faulty and damaged equipment.

I had a work accident a few weeks ago. The machine I was working on was faulty – I had to manoeuvre a wall along a roller system on which the rollers were bent. As a result, the wall had got stuck on the system and I had to manually lift it out of it and in doing so, I hurt my lower back.

After the accident the work place got rid of the system and got a brand new one installed. My employer is denying liability and say that my injury was my fault! I had asked my supervisor for help as it was a two man job and he said that I had to do it on my own because there was no one to help me. The supervisor had gone home the time of the accident and there was no supervisor on site. With the company putting in a new system, is that them more or less saying that it was their fault? Please can you help me?

The replacement of the faulty system with a new system cannot be seen as an admission of liability, but it can be used in your favour as it does indicate that there must have been a fault with the previous system.

Do you know if the employer had previously been made aware of the faults with the previous roller machine and the bent rails? If the employer had been put on notice that the roller system wasn’t working correctly, they are on shaky ground and would be likely to have to admit liability.

Have you had a Solicitor representing you? If not, our specialist Solicitors would certainly be interested in further reviewing your case with a view to pursuing this matter for you.

I honestly dont know if there have been previous faults or complaints about the previous system how would I find out if there was previous faults or complaints about the system? Would the company of had to write them down?? There was also no supervisor on site does that help my case?

You shouldn’t worry too much about finding out of there have been any previous reports of faults with the previous roller system other than perhaps ask a few colleagues who have been in the workplace for a while as to whether they had ever reported any issues or knew of any.

Our Solicitors would be able to drill down a little on the employer as to whether they had been made aware of any faults.

I had filled in an accident report the next day and my boss was twisting everything I was saying about the accident saying it was my fault and I was saying it wasnt, I had signed an accident report which my boss told me to sign quickly and give it back to him he never gave me time to read it and az I was leaving I had seen him writing on the report and a few times after it I had requested a copy of it and was completely ignored, should I of been giving a copy of it?

Your employer should not have asked you to ‘pre-sign’ a blank accident report. As to whether or not they should have shown you a copy, of course, they should do, but they are not required to do so in law. However, our Solicitors would be entitled to request a copy of the report.

My partner had an accident at work which resulted in him losing the top of his thumb. His employer hasn’t reported the accident to anyone and has now sold 4 pieces of machinery, including the machine that the accident happened on. Does this mean that there won’t be a chance of making a claim as neither party can prove the machine was/wasn’t safe to be used? He doesn’t want to start the process of making a claim without the confidence of a good chance of winning the case as he doesn’t want to make his work environment with his boss awkward for no benefit

Until a claim is underway and both sides have given input to the process, it is impossible to be certain as to whether the claimant will succeed or fail.

However, in this case, your partner has had a serious accident with serious consequences. The partial loss of the thumb is a severe injury that will have a permanent impact on your partners abilities at work (which could potentially affect income capabilities) and also in his personal life. As such, whether or not to pursue a claim would seem a simple question to answer and whilst his anxieties about how his employer may react to him pursuing a claim are understandable, they are misplaced and should not be of concern to him.

As the employer has sold the machinery, a claimant Solicitor will be able to ask difficult questions to the employer about the reason for their sale and request copies of the accident report. As the severity of the injury is such, the employer will be in difficult water if they cannot demonstrate that they had appropriately recorded the details of the injury at work in an accident book and informed the relevant authorities such as the HSE or RIDDOR.

Of course, we need to know more about the machinery in question, the work that was being done and what training (if any) your partner had received from the employer to be able to advise with more confidence, but our initial view is that he has every right to start a work injury claim for compensation and there is every possibility that he would succeed with such action.

I had a workplace accident a few months ago in a timber framed factory. My supervisor had instructed me to do a task on my own and I had said to him that I can’t do it on my own and said that I would need help, but he said that there was no one to help so I was to do it on my own.

I was left having to move a timber framed wall along a roller system. I was not used to doing this and it was not my normal work. The wall then got stuck on the roller system, on the side that the wall was stuck it needed to be jerked out of a gap on the roller system. I’d had manual handling training but never training on what to do in that situation. I did my best and lifted the wall on the side that it was stuck on but this hurt my back because the wall overhung the roller system and it was flexing when I was trying to lift it.

The supervisor had gone home and there was no supervisor on site. I didn’t know what to do, so texted the supervisor. A colleague had taken pictures of the roller system and said that it was defective because the rollers were bent.

A few weeks after the accident work had a new roller system installed in place of the one I was working on.

My employer is denying all liability and saying that it’s all my fault! They’re also saying that I had failed to seek assistance from fellow employees. My argument is that because my supervisor had instructed me that there was no one to help, I had to do it on my own?! Every other time if I was a lone worker my supervisor would either send me to work alongside someone or he would send someone to me? Can you please advise me on this and do I have a case?

It would seem that you do have a valid claim and why your employer is attempting to attribute full responsibility to you is a mystery! There are a couple of areas of potential employer negligence – the most obvious is the faulty roller system that was proven to be damaged and not fit for purpose. We can also look at the lack of assistance and inadequate training too.

We would be very happy to further investigate your claim so that you can obtain compensation for your back injury and any costs or losses you may have incurred.

Hi Ian
I’ve had a workplace injury due to defective equipment and the company are denying they caused the accident when two weeks later after the accident they got ride of the old machine and installed a new one? Do I have a case? I’ve been followed by a private investigator and now there does be a car parked across from my house which has never been there before with no one in it but the back windows are tinted and has been across from my house every now and again, I have asked my neighbours do they know who owns it and they dont, it does be there one day and not the next next thing it does be there for 2 days then dosent, would it be a private investigator leaving a car there with a camera running in it to watch me?

A defendant insurer may instruct a private investigator to ensure that a claimant is not being dishonest in their claim. However, that would not allow them to leave a fixed camera outside of a claimants house (and those of any neighbours) for a lengthy period due to data protection and privacy laws.

Have you got a Solicitor acting for you? If so, let them know about your suspicions of the surveillance and ask them to liaise with the defendants accordingly.

I had an accident at work when there was a fault on the machine which burned my face I have a few small scars left after a month, one of the other staff members said I wont be able to put a claim in as it is stated in our contract.

Your colleagues are incorrect – you can pursue a claim. No employer has a right to include a clause within an employment contract that prevents an employee from exercising a legal right to pursue a claim if that employee is injured through negligence or through no fault of their own.

We would be more than happy to help you on a No Win No Fee basis with a workplace burn injury claim.

I had an accident at work due to defective equipment at work. The company I work for got rid of the system after my accident and had a new one installed. Now they are denying any liability.

Do I get an engineer out to prove negligence and liability and breach of statutory duty of care? I have pictures of the old system that caused me to get injured.

Do you have a Solicitor acting for you? If not, please call us on 01225430285 so that our Solicitors can help you.

If you do have a Solicitor, you should ask them if they have asked the employer for a statement as to why they changed the equipment after your accident and for copies of accident reports regarding this.

Hi Ian,

I work in a timber frame factory and got a lower back injury due to lifting a wall panel on a defective roller system.

I only got basic training on the overhead crane and had not been shown how to properly use the crane for the lifting of the walls, I was only shown how to use the controls of the crane.

After my accident the company got rid of the roller system and had a new one installed because the rollers on the roller system had been bent and there was a gap in the roller system that shouldn’t have been there and that’s how the wall panel became stuck and it needed to be lifted out of it. Before the accident I had asked the supervisor for someone to help but he replied that there is no one to help you you have to do it on your own. The supervisor went home and there was no supervisor on site at the time of accident and no one had notified the workers that there was no supervisor until I went looking for him at the time of the accident. An employee took pictures of the equipment after the accident for the supervisor that wasn’t present and he even said that no one should of been using this machine because it wasn’t fit to be used. The company are not accepting any liability for my injuries and they are saying that I failed to seek assistance from employees and yet I had asked my supervisor for someone to help me as I couldn’t do it on me own and he instructed me to do it.
Do I have a case?

Thank you for your help and I hope to hear from you soon.

You certainly have a valid claim. Please call us on 01225430285 or use the start your claim page of our website to get the process moving and we’ll have our specialist Solicitors act for you on a No Win No Fee basis.

I hurt my shoulder using my works can. I reported to my boss that the gear box was going wrong and was very stiff.
He did nothing about it.
Because of his negligence I have been suffering shoulder pain even since.
I tried to go back to work, it didn’t hurt when I was resting and doing everyday things but as soon as I drove the van it hurt again.
I ended up using all my holiday pay because I could not afford to live on SSP.
The gearbox has now been fixed, which is great but I am still getting the pain because changing gear is using the same muscle that has been damaged.
Can I make a claim?

We would like to obtain some further information from you in order that our specialist Solicitors can consider the specifics of your enquiry and advise regarding any potential claim. Your employer appears to have ignored your reports of a risk of injury by failing to ensure that the gearbox issue was repaired and this may well be seen as employer negligence and open a viable route to seeking compensation for your shoulder injury and lost income/lost holiday pay.

I finished my NHS shift and was heading to the Car Park. There was a faulty perm traffic cone that was partially removed with a metal stub still in the ground it was partial light I fell and broke my patella and injured my ACL.
Initially the health and safety officer said the NHS was liable – he had went round the grounds and found another 4 defects. I received a letter form the NHS lawyers stating they were not liable as they did not know about the broken cone. Am I wasting my time?

Have you had any representation or input from a specialist personal injury Solicitor? If not, it would seem worthwhile doing so as you appear to have some useful evidence from the H&S Officer and their comments regarding the issues found. Although the NHS legal response has been to deny liability, a specialist Solicitor (such as those with whom we work) would ask them to provide evidence that they had undertaken adequate inspections of their property in order to identify issues of maintenance and reduce the risk of injury. If they cannot provide evidence of this, it may prove difficult for them to maintain their denial of liability.

If you would like our Solicitors to further consider your enquiry, please forward any supporting photographs and copy correspondence along with your contact number to us at justice@direct2compensation.co.uk and we’ll have this matter looked in to on a No Win No Fee basis.

I work in a factory and got a lower back injury due to defective work equipment.

I only got basic training on the over head crane and had not been shown how to properly use the crane for the lifting of the walls, I was only shown how to use the controls of the crane.

After my accident the company got rid of the roller system and had a new one installed because the rollers on the roller system had been bent because of the gap that shouldn’t have been there. The supervisor went home and there was no supervisor on site at the time of accident and no one had notified the workers that there was no supervisor until I went looking for him at the time of the accident.

Do I have a case?

My initial view is that you do indeed have a valid claim for accident at work compensation. It would appear that the equipment that you were using was damaged and therefore unsafe and your employer should have closed that line until the equipment was repaired or replaced – which they have done AFTER you were injured. As such, I believe our specialist Solicitors would wish to act for you and would likely succeed in pursuit of your claim.

I have had 2 accidents at work in the last 2 months, both of them cause pain in the same arm. The first time I didn’t have to go hospital but the second time I did have to.

The accident was due to poor equipment at work and missing screws. The injury is not severely painful, but I do feel it when I put pressure on my arm but that’s about it. Do you think I can claim compensation?

It happened in the warehouse and it was a woodsman thing that fell on to me.

We believe you have two valid claims and we would like to help you to claim compensation for the injury to your arm on a No Win No Fee basis.

I was at work on Wednesday when I got my foot trapped under a mechanical arm on a cable reeling machine. I had too attend hospital and take the day and day after off. I’m not sure if my employer is going to pay this. The machine is faulty in places.

It is unlikely that your employer will pay you for any time away from work due to the injury sustained. UK Law does not obliged employers to pay sick pay.

In terms of the injury and the cause, you would appear to have a valid claim as the machine is faulty. As such, you can claim compensation for the injury and recover any lost income if you succeed with the claim.

To get further help with your claim, please call us on 01225430285.

Hi,
Could you tell me if a work based injury would include neck injuries due to faulty laptops and a lack of support from occupational health?

Employers have a duty of care to ensure that employees are given a safe working environment. This includes work station set up. If your employer has failed to provide you with the correct work station set up or ignored your requests for assistance with it, you have a right to make a claim.

Hello, today my relative has had an incident at work, the scissors she was provided fell apart, ending up cutting her. She has then had a blackout because of it (or so we think), around 5 minutes later and she fell backwards on set of stairs bumping her head. That in turn has made her feel very dizzy for the rest of the day and we are currently in the process of booking appointments and so on to check if anything major has happened during the fall. I have asked regarding training and maintenance of the equipment and apparently there was none. Would this be a potential claim should GP say it is something serious? Thanks and please forward answer to my email if possible.

There may well be a valid claim for the injuries caused by the faulty scissors and this is something our specialist Solicitors can look in to when your relative is ready to do so.

Hi i was off work with carpal tunnel last summer for roughly 10 weeks, i have not had an operation for it but did receive treatment, could i make a claim? Also i’m currently off with a bad back from working 2 different jobs both recorded in accident book?

Please contact us so that we can further investigate both matters for you. With regards to the Carpal Tunnel Syndrome, the fact that you have not had surgery does not prevent you from making a claim and you must make the claim within 3 years of the onset of any symptoms. In terms of the back injury, we can also look at helping you claim compensation for that too.

Would I be able to sue just a manufacturer of the company who makes the machinery at work for its flaws where I actually was injured it almost amputated my right wrist?

Your claim would be against the employer who tasked you with using such machinery. The employer may have a secondary claim against the manufacturers of the equipment.

Hi I had an injury in work last week which has resulted in me fracturing two of my fingers, I tried to report it to my boss but he was already off the shop floor and couldnt find him but I did tell the woman who worked on qa about the incident. I was wondering if I can still claim as there was no protection in place on the machine to prevent any injuries from happening but down the other factory they had metal guards in place.

You can absolutely pursue a claim in the circumstances that you describe. The lack of safety guards on the machine to prevent injury is a serious breach of health and safety protocol and is very likely to see the employers insurers have to admit liability should you pursue a claim.

We would be very happy to discuss your potential claim and explain how our No Win No Fee service and specialist Solicitors can help you to succeed with your claim.

I got injured on a defective equipment in the work place and after my accident they got a whole new system in, there denying liability but does it help my case that they got rid of the old system that I got injured on and got a brand new one Installed?

Replacement of machinery and processing equipment after an accident in a workplace cannot be seen as an admission of liability, but it could help your claim that this has happened. Your Solicitor can ask the company to explain the change in equipment after your accident and the coincidental nature of the timing of the replacement.

Hi I broke my arm on 16th of December, the machine had broken down and I was sent to investigate the reason.
The press had stopped with the tool on a foam sheet which then presses shapes.
I was attempting to remove the foam to release the tool so the tool could be used on another machine, the customer didn’t try to pressure me to release the tool.
The way to release the tool was to rip out the sheet of foam some parts came out easy but some needed a bit of extra pressure it’s when a piece of larger foam came of I slipped back and landed on my hand but the momentum caused my body to move forward and break my arm by the wrist in two places.
I thought I had just jarred the wrist but as time went on the wrist swelled up and became painful going to hospital they confirmed I had broke my arm.
The first aid book has been filled out and a riddor report has been sent.
The company paid me sick pay for the first week as that is all they pay and then ssp.
The hospital prognosis is that I will be left with a weakness and loss of dexterity with the possibility of arthritis in the future and carpal tunnel syndrome.
The question is can I claim against the company’s liability insurance for loss of earnings and pain and discomfort?
Thanks for your time.

You can make a claim if you believe that the injury was avoidable if the employer had provided further training or different tools and equipment. If you can identify any area of potential negligence, you can pursue a claim against the employer and recover compensation for the injury and loss of income.

Hi there, I work for NHS as a domestic, was using a buffing machine last night, it made a clicking noise next min it went crazy, was really heavy and going all ways, which resulted in me hurting my back, pulling muscles in my back and arms.

If the employer hasn’t had the buffer machine serviced or maintained regularly, you may succeed with a claim. We would like to speak with you more and present your claim to our Solicitors so that it can be considered further.

The company I work for is in administration, I injured myself in work due to faulty equipment and was off with excruciating back pain for 3 months and in that time I saw a private physio who said I had a twisted pelvis!! I have been back at work just over a month on a phased return, only work 8 hours instead of my usual 23.
My GP prescribed Diazepam, Naproxen and Medicated Patches patches I have also been attending an NHS Physio and am currently waiting on an MRI Scan result. My Llawyer has told me that my employers excess is £40,000 so pointless making a claim so it is up to the Administrators? But I am in constant pain and normal daily tasks have become more difficult also the prospects of finding employment due to my back pain is really worrying me know? Surely only after seeing MRI result and seeing my medical records can they assess how much my claim is worth?

You are correct to say that the value for the injury element of a claim for personal injury compensation would only be known once a medical report was completed and then considered by Counsel. However, whilst your injury was clearly serious and very painful, the value of your claim would not exceed £40k. As the employer you work for is in administration, if you go on to make a claim and succeed in getting a settlement, your Settlement would only see you listed as a creditor and dealt with by the Administrators. As you are aware, in most cases, creditors for companies in administration receive only pennies for the pounds that they are owed. Therefore, there is every chance that your Solicitor would not be able to recover any costs and would not be able to pursue the claim as a result.

I had a load bar that had lose screws holding the butterfly part. Unknowning I grabbed the butterfly and it fell from my hand, landing on my toes. It broke my grand toe on my right foot. That was in March of this year and my toe still hurts while working, walking, and when standing for long periods. I got workers comp and put on light duty during this time. Would I have a case?

We would like to speak to you further to gain a better understanding of the work you were doing and find out a little more about the load bar and what it is used for and how. The fact that there were loose screws on the bar indicates that the employer may not have been conducting an adequate maintenance regime and a claim may be valid.

Hi, I had an accident in work yesterday, I ended up being trapped between a conveyor belt and boxes in the back of the container. I only suffered minor injuries, heavy bruising and minor tissue damage on my legs, the accident happened due to a fault on the machine which I believe had been reported on a number of occasions and had not been fixed by my employer. I have found it very difficult walking and sleeping through the discomfort, I would imagine at the very least I can receive my lost earnings back, I was just wondering on any info available on further compensation claims from my employer, with the accident basically being a major health and safety risk on their part and it could have been a lot more serious had other employees not been around.

Whilst it would appear that you have avoided any serious injury, the nature of the injuries you suffered in your accident at work yesterday are likely to be sufficient to enable you to pursue a claim for compensation along with recovery of loss of income or other costs related to this incident.

Your injuries would appear to be that of a soft tissue nature and with regards to the heavy bruising, you are likely to suffer some discomfort for a period of weeks as a result. It would be a sensible move to ensure that an accident book report is completed at your workplace and that you take photographs of your bruising – although ideally, you should attend a minor injuries unit or visit your GP.

As your employer has previously been made aware of a fault with the machinery in the workplace, they cannot say that they were unaware of the issue. The employer had an obligation to carry out comprehensive repairs to ensure that the item was safe for use and if those repairs could not be carried out, the machine in question should have been removed from use or replaced. As they have failed to carry out their obligation with regards to ensuring a safe working environment, there is a clear argument to support your claim against them for compensation for your workplace on the grounds of employer negligence.

I suffered a broken finger and tendon at work on an auxiliary engine. The key ignition was broken. So had to use the emergency pullcord. But this has been the case for over a year. He didn’t want to pay out to replace the key ignition. Due to this the pullcord has gone harder to use, hence snapping my finger and tendon. Have since had an operation to repair the injury. And could be off for 10 weeks or so. He claims it’s my fault. He has since the injury installed a ‘hotwire’ to start it, which I see as also dangerous!
Where do I stand with such a negligent boss?

The employer is guilty of negligence in this accident scenario and as such, you would have every right to make a claim for compensation as the injury was completely avoidable. UK Health and Safety legislation obliges Employers to ensure that the risks of injury within the workplace are minimised so far as practically possible. Therefore, refusing to repair a broken item on the basis of cost is not an acceptable reason for allowing a potential risk to injury to remain present in the workplace.

I went into a container to turn the washer on. The lights were not working and I fell over straps that should have been placed in boxes. I hurt my back and shoulder and had to be taken to hospital by ambulance. Been attending doctors for the last 10 weeks and now waiting on physio to help me. I have found out from another employee that he was told that the light in the container was reported 6 times and nothing was done to fix this. It was then fixed 3 days later after my accident.

You describe a clear example of employer negligence and as such, you have a valid claim for compensation and should pursue this further with us. The fact that your employer was made aware on 6 (or more) occasions of the lights not working indicates that they were on notice of a potential health and safety issue. The employer was obliged to repair that issue and their failure to have the lights fixed has caused you injury. As such, you are entitled to seek compensation for the pain and discomfort caused to you and to recover any incurred costs or loss of income.

I work in a pub restaurant as a cleaner and I work for a cleaning company who is contracted by pub company, my boss said he was going to supply a new Hoover as plug and cable was split, he brought a Hoover out that was disgusting and dirty had dead mice inside, he came out washed it out and said it is ok now, I was hoovering yesterday morning and it gave up, I’ve had a shock of it previously, I’ve noticed that there is no inspection done on this Hoover since may 2009 what are my rights on this he ignores my phone calls.

It would appear that your employer is playing hard and fast with your safety at work. All employers must ensure that electrical equipment is tested for safety on a regular (annual) basis. In your case, you should make a formal request for a new ‘safe’ vacuum cleaner and report the shocks you have had in writing. If your employer continues to ignore your request you could well make a claim for compensation.

My concern at this stage is that you appear to have escaped injury in the shocks you have had to date? If you have had an electrical shock and are suffering with pins and needles or nerve damage, you could pursue a claim.

Hi I pulled my back at work due to faulty equipment and had to take 3 months off, can I make a claim for this?

If your injury was caused by faulty equipment in the workplace, there is every chance that you could make a claim against the employer.

Our expert specialist Solicitors will work to identify areas of employer negligence with regards to their maintenance and repair regime for equipment and tools within the workplace and achieve success with such a claim.

I had an electric shock from a welder at work (270 volts) the earth cable was live (in theory, this is impossible). The accident has been recorded in the accident book and the welding set checked and proven to have been improperly maintained, I have seen a doctor and am ok in health form but still have muscle aches and pains. Is this something I could claim for?

Injuries associated with electric shock claims can cause ongoing symptoms and discomfort. Given the scenario you have described, I am of the view that you have a valid claim for compensation with strong prospects of success. The fact that the welding equipment has been examined and found to have been improperly maintained indicates employer negligence and is likely to enable you to succeed with a claim for compensation.

I had an accident whilst at work. I fell 30 feet out of a tree due to equipment malfunction. The equipment was correctly maintained and logged as well as still under manufacture warranty/guarantee. Do I have rights to sue the manufacturer?

You certainly have rights to make such a claim. However, proving that there was any negligence on the manufacturers part will be extremely difficult.

There was a faulty electric pallet truck at work which had been reported for over 6 weeks. I have now injured my shoulder on this pallet and this was filmed on CCTV and seen by witnesses. I am now on sick leave and looking at 6 to 8 weeks off work. Could I claim for that?

The accident at work scenario you have described gives me an initial view that you have very strong grounds to pursue a claim for compensation against your employer. Given that a faulty item of equipment had been reported to them for a period as long as 6 weeks, means that the employer were on notice of a risk to health within the workplace. The employers failure to remove the faulty equipment or have it repaired is likely to be seen as employer negligence and lead to the employers insurance having to admit liability and compensate you for your injuries and all lost income or incurred costs caused by the injury.

We would be very happy to pursue your claim for compensation and ensure that your claim is placed with the right specialist Solicitor to act for you on a No Win No Fee basis. Please use the ‘start a claim’ page of our website or call us on 01225430285 to start your claim for compensation.

I was closing a metal gate in the works yard. The gate is made of metal railings, three of the railings were damaged and bent sticking out towards me. As I was closing the gate one of the bent railing stuck in to the side of my foot above my heel causing a nasty cut which needed hospital treatment. Leading to 10 stitches. I am now on sick leave.

You would appear to have a valid claim against the employer and have a right to make a claim for compensation. Please call us on 01225430285 to speak further with us and find out how we can help you and what your options are. You would be entitled to recover compensation for the injury and scarring as well as recover loss of income or incurred costs if you succeeded with your claim.

Your employer appears to have acted negligently as they were aware that the gate was damaged and therefore posed a risk to health. As such, it is likely that their insurers would have to admit liability and settle your claim.

I work at height and wear harnesses. When accessing our zipwire doing specialist checks, I was wearing ppe equipment (helmet & access harness). After said checks I felt quite uncomfortable, putting it down to just that the access harnesses aren’t the most comfortable (of which management are in agreement.) I didn’t think anything of it. After some time I noticed my lower back was now hurting and down my right leg. On a visit to a chiropractor I had some misalignment in my lower back, hips weren’t level with one another. Hoping this would sort the pain in my lower back and leg, I was happy this would take some time to fully recover. After a few weeks of constant pain I notified the nurses at work whom suggested I visited a GP, the next day I saw a GP where they told me I had sciatica. I’ve had 7 weeks of pain, stopping me doing my full job at work, hobbies outside of work and having to drive is becoming rather unpleasant. Ive recently learned that the harness supplied to do the accessing isn’t designed to be sat in for long periods of time and that there’s a ‘harness seat’ that we used to have which is designed to take the weight from you sitting. Work never replaced the seat when it broke because of costs. Do I have a claim for them not supplying me with the right equipment to do my job?

The situation you describe is unusual, but on face value there could be a claim to be pursued in this matter. If it is known that the harnesses that your employer was expecting you to spend considerable periods of time in whilst at work should only be for short period use, the employer could be liable for any injuries that are then caused by the use of the equipment. If the employer previously had a ‘harness seat’ for use when performing safety checks and it was not replaced due to cost, that could be seen as a breach of health and safety management.

I feel that it is worth us looking further in to this claim for you. Please use the ‘start your claim’ option on our website to make further enquiries so that our new claims team can investigate this matter.

One issue that may arise is ‘causation’ – a common bit of personal injury or legal jargon – in that will a medical expert be able to attribute the misalignment of your pelvis and sciatica to the use of the harness and not put it down to natural ‘wear and tear’ or other issues. Of course, without medical opinion agreeing to the cause of the condition being the harness, the claim would fail. If you have no previous history of back pain, sciatica or pelvic problems there is a good chance that the injury can be attributed to the equipment provided by your employer.

I have had a accident due to faulty equipment, that was unreported, am I entitled to make a claim?

When you say unreported, do you mean that the details of the accident has not been recorded in an accident report or incident reporting system? If so, you should put a report in to whoever was responsible for the faulty equipment and do so in writing. You are certainly able to pursue a claim for compensation if you are injured as a result of negligence and it is likely that you would succeed with such a claim in this matter.

I was mixing a pastry mix in a bomber at work and opened the safety guard the mixer stopped I put my arm in to test the texture of the mix and the hook started moving and caught my arm, it’s badly bruised and very sore I was lucky it stopped, it could of snapped my arm, not sure why the hook started moving as when the guard opens it stops.

If there was a fault with the machine, you should pursue a claim for compensation here as you would likely succeed. We would very much like to assist you with a claim and invite you to contact us on 01225430285 or use our ‘start a claim’ page to get the ball rolling.

I am a maintenance engineer, for a company that is a supplier in the automotive industry. I work with various automated assembly machines and CNC machines. As part of my job, I attend breakdowns and maintain machinery and equipment. I was working on a machine that I had never worked on before. Whilst operating the machine, I crouched down to get eye level and got hit in the face by a fast moving, metal block, that is part of the machine. I believe there was no sufficient guarding in place to avoid this from ever happening the first place. I cut my nose and it was badly bruised. Can I claim ? Thanks

Given the nature of the machine and the possible risk to safety, it would be right to expect sufficient safety guards to be in place or warnings about risk of injury.

As such, my initial view is that you have a valid claim for compensation for the injuries you sustained. Please make sure that an accident book entry has been made – if not, make a report of the accident yourself.

I had an accident at work involving getting my glove caught on a rotating metal bar on one of the machines. The other two machines at the workplace had protective plastic casing this one didn’t but that got changed the day after the accident. I sprained my wrist and had to go to the hospital to check for no further damage, this was 6 months ago, I visited my gp 3 months ago and earlier this week as pain at the gym and lifting still occurs. I have photos of the machine with no protective casing on and a copy of the accident book report. How strong is this claim?

This sounds like a very strong claim to me and something our specialist accident at work Solicitors would like to pursue with a strong prospect of succeeding.

I work in a local fast food restaurant. I sustained an injury to my left shoulder and neck due to a wheel missing under a small refrigerator that was holding up a 25lb stainless steel industrial toaster. I’ve missed a lot of work due to the pain. They’ve put me back on work immediately after the injury despite my stressing to them the extent of the pain and the numbness in my hand from time to time. Also they’re only treating me for my left shoulder after time and time again im telling them it’s my neck AND shoulder. What should I do about my lost wages? Is there something I can do immediately to regain my wages? I have retained an injury attorney but wanted to know if there was something I can do while I wait for the company I work for to determine their liability or not.

Also to clarify the injury, the 25lb stainless steel industrial toaster fell on my shoulder and neck as I bent down to reach for pickles in the small refrigerator it was sitting on top of. The fridge (missing the front wheel) tilted forward and thus the toaster fell on me as I was bending over.

In the UK, the law does not require an employer to pay full salary to someone who is away from work due to ill health or injury – even if the ill health or injury was caused in an accident at work. The only way to recover lost income is to make a claim for accident at work compensation and if successful, recover all lost income and costs as well as receive compensation for the injuries sustained.

On the basis of your description of your injury however, it would seem that you have a valid claim against your employer.

Good luck!

Hi. I had an accident at work recently on the table saw at work. I lost the top half of my thumb (which could not be saved) and sawed down through the lower part of the thumb into the knuckle which got that joins the palm ( this knuckle was also destroyed). I’ve had plastic surgery and they’ve done good job- but even if it recovers well, I’ll be left with a short disfigured thumb that won’t move. I’m wondering whether I should claim? The saw should have a guard on but hasn’t for at least the last 10 years, they haven’t been serviced either in that time….there are jobs that we cannot do with the guard on so we leave it off. Nobody has ever told us to put it back on even though I know it should be on. I felt it was all my fault as there is a push stick I could have used and a guard I could have put on-but I didn’t. I love where I work, have a good relationship with the boss, and I don’t want to land them in so much trouble that they have to shut down, but I look at my injury and feel like I want compensation for it.

Your attitude towards your employer is laudable and it is good to hear that you like your workplace and get on well with colleagues and Management. However, you have suffered a horrendous injury and lost part of your thumb and the use of a vital part of your grip strength and dexterity. You mention that you feel partly responsible for this accident, but in my view you should not. The very fact that a safety guard has been removed by the employer and that the employer has turned a blind eye to this rather than doing the right thing and ensuring that the guard is on and that a machine capable of doing the work safely was purchased is a prime example of employer negligence.

My view is that you do have a viable and valid claim for accident at work compensation and you should not be concerned that any claim would cause your employer to close down. The process does not work that way. Any claim would be made against your employers insurance cover and whilst they may have a small excess to pay on any claim against them, it would not unduly damage the business.

Given the severity of your injuries, I would strongly recommend that you make a claim for compensation. You have lost part of your thumb and the use of the remainder of your thumb. This could greatly affect your ability to work in the future and you should bear that in mind as that could be very relevant in any claim for compensation that you opt to make, with settlement values for serious thumb injuries being quite high.

Thank you for getting back to me so promptly. The guard wasn’t removed by the employer, it will have been removed by one of the workers, could even have been me, but it’s over 10 years ago so it’s difficult to say who. Would this make a difference to a claim? I feel sorry for my employer as she only bought the business 2 years ago as an investment when my old boss was retiring and selling up. She has bought a business that has fallen well behind with health and safety I feel. It’s in my interest that the company continues too as I’m hoping to return as I’ve been there for almost 30 years.

It really doesn’t matter who removed the guard, the fact that the employer has failed to ensure that health and safety regulations are adhered to would indicate that they have been negligent in that respect.

I appreciate that you feel sorry for the business, but it is not your responsibility to bear responsibility for their health and safety failures. The choice as to whether or not you should make a claim for compensation rests with you and you alone. However, as I said earlier, the extent of your injuries and permanent implications of the damage to your dexterity and grip strength is not something that you should ignore. You have a maximum period of 3-years from the date of your accident in which you can seek to make a claim for compensation.

We would very much like to assist you if you do opt to make a claim and as such, I look forward to hearing from you.

Hello I was using the chop saw at work and when holding a piece of timber with my left hand relatively close to the blade when the timber hit a knot in the wood and and dragged the wood (and my hand) towards the blade. Unfortunately it chopped the end of my thumb off below the nail. My employer says as there was a guard on the machine so he is covered but there was no way to clamp any wood while in operation and the guard is redundant while saw is in use.

In this case, I would argue that your employer is incorrect. Whilst a guard may have been in place, it has clearly failed to protect you from a serious injury. Also, the fact that you have no way to securely clamp or fix timber in place whilst using the chop saw would give me cause for optimism that any claim you wished to pursue would have grounds for success.

Hi I have had an accident where a roller shutter has fell down on me damaging my shoulder, have pains in kneck and top of spine and also muscle damage in both legs am I entitled to claim?

Given what you describe, I think you have every right to make a claim for compensation for the injury to your shoulder, neck and spine. We would be very happy to pursue this for you and I invite you to get in touch with us so that we can take your claim further for you.

Any claim we make would be on a No Win No Fee basis and there is every chance that this claim would succeed.

I was in lift at work and lift stopped, doors opened, i walked out but lift had stopped approx 6 inches below the floor and i didn’t see and tripped and fell. I seeked medical attention, i have no fractures but wrist is in splint and in agony all over body. Have to go back in 10 days for another xray to check bone near thumb as it sometimes don’t show injury for 10 days. Can I make a claim against work for this?

You can certainly make a claim against your employer for this accident. We have succeeded with very similar claims in the past and although there can never be a guarantee that a claim would succeed, we would have confidence in this matter.

Please call us on 01225430285 and we’ll get one of our specialist solicitors to pursue this further for you on a No Win No Fee basis.

I have been told at work to use a certain equipment to carry heavy objects through a long route. This trolley has had no stability, safety straps or simply wasn’t meant to be used in this case the metal had rust, dirt and sharp edges; as a result I injured my ankle causing a deep cut which luckily did not cut through my muscle but required a 3hour A & E visit and 5 stitches. This was extremely painful. Such injuries require long period to heal. I am unable to walk or wear shoes on top of everything I am 7 weeks pregnant and this excludes me from taking strong painkillers to ease my pain. It has caused me stress and I fear to ask for a claim at work due to the fact that I feel that the company might cause trouble for me at work. What can I do?

Klaudia,

Thanks for commenting here and for making an online enquiry with your contact details. As you know, we have now spoken and we believe that you have a viable claim for compensation against your employer.

Yours sincerely

Ian

Hi my niece was using a meat slicer and cut the top off her thumb.
She was given some brief verbal training but has never signed any documents relating to health and safety etc. The guide wasn’t on the machine when she started to use it the colleague whose job it was to set it up couldn’t get it on. She said she couldn’t do it either but no-one offered to help so she started to use it. Can she claim?

The accident at work that your niece has been injured in is most definitely a strong claim and one we would be very confident of succeeding with.

On the basis of your comment, we would argue that the employer has been completely negligent towards her health and safety whilst at work and rather than reducing the risk of accident in the workplace so far as possible, they have done the opposite. To not have a guard fitted to a dangerous bladed machine is a gross breach of health and safety and if proven, would guarantee that your niece would win her claim.

It is important that your niece ensures that the details of her accident are recorded within an accident book or incident reporting scheme with her employer and that she attends all medical appointments.

We would be very keen to get this accident at work claim up and running for your niece. I confirm that any claim would be made on a no win no fee basis and whilst we can’t guarantee that we would win, we can guarantee that it will cost you nothing if the claim were to fail. Our article on thumb injury claims might give you an idea of compensation amounts.

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