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

By Ian Morris | Updated June 22nd, 2023

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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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Comments & Questions

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

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.