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

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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.

Table of contents:

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:

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...

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?

Ian Morris

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.

Reply

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.

Ian Morris

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.

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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 ?

Ian Morris

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.

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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

Ian Morris

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.

Wayne

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

Ian Morris

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.

Wayne

Thank you very much. I greatly appreciate your response.

Ian Morris

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

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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.

Ian Morris

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.

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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.

Ian Morris

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.

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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?

Ian Morris

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.

Wayne

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?

Ian Morris

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.

Wayne

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?

Ian Morris

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.

Reply

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

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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.

Ian Morris

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.

Reply

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?

Ian Morris

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.

Reply

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.

Ian Morris

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.

Simon

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?

Ian Morris

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.

Reply
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