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

By Ian Morris | Updated October 14th, 2024

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Imagine arriving at work, ready to tackle your daily tasks, only to find yourself in the hospital due to an injury caused by faulty equipment. This scenario is more common than you might think, with thousands of UK workers injured each year due to defective work equipment.

The impact of such injuries can be devastating – from physical pain and emotional distress to financial hardship due to lost wages and medical expenses. Many victims feel overwhelmed, unsure of their rights or how to seek justice.

But there’s hope. If you’ve been injured by defective work equipment, you may be entitled to compensation. This comprehensive guide will walk you through the process of making a defective work equipment claim, empowering you with the knowledge to protect your rights and secure the compensation you deserve.

When Can You Make a Defective Work Equipment Claim?

You can make a defective work equipment claim if you’ve been injured due to faulty or poorly maintained equipment provided by your employer. This applies to any machinery, tools, or devices used in the course of your work that were not fit for purpose, lacked proper safety features, or were inadequately maintained. The injury must have occurred within the last three years, and you must be able to demonstrate that your employer’s negligence in providing safe equipment led to your injury.

Key Takeaways: Essential Steps for a Successful Claim

  • Report the incident to your employer immediately and ensure it’s recorded in the accident book.
  • Seek medical attention promptly, even for seemingly minor injuries.
  • Gather evidence, including photographs of the defective equipment and witness statements.
  • Keep a record of all expenses and losses related to your injury.
  • Consult with a specialist personal injury solicitor experienced in workplace accident claims.
  • Act within the three-year time limit for making a claim.
  • Be prepared to demonstrate how your employer failed in their duty of care.
  • Pursue your claim on a No Win No Fee basis to minimise financial risk.

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:

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:

  1. Right to a Safe Working Environment: Your employer has a legal duty to provide a safe workplace, including properly functioning equipment.
  2. Right to Proper Training: You should receive adequate training on how to use any equipment safely and correctly.
  3. Right to Appropriate PPE: If your job requires personal protective equipment, your employer must provide this free of charge.
  4. Right to Report Concerns: You have the right to report any safety concerns, including issues with equipment, without fear of retaliation.
  5. 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.
  6. Right to Compensation: If you’re injured due to defective equipment, you have the right to seek compensation for your injuries and related losses.
  7. 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:

  1. 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.
  2. 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.
  3. 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)
  4. Consult a Solicitor: Contact our specialist personal injury solicitors experienced in workplace accident claims. We offer a free initial consultation to assess your case.
  5. Claim Evaluation: Your solicitor will review your evidence and advise on the strength of your case and potential compensation amount.
  6. 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.
  7. Investigation: The defendant has up to three months to investigate and respond, either admitting or denying liability.
  8. 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.
  9. Medical Assessment: You may need to undergo an independent medical examination to provide an expert opinion on your injuries and prognosis.
  10. 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.

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

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Comments & Questions

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

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?

Ian Morris

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.

Reply

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.

Ian Morris

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.

Aaron

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?

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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

Reply

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?

Keith

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.

Ian Morris

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.

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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.

Ian Morris

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!

Naomi Williams

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.

Reply
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