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

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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...

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.

Ian Morris

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.

Stephen Hamilton

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.

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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?

Ian Morris

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.

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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?

Ian Morris

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.

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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?

Ian Morris

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

Reply

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?

Ian Morris

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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