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Any person who is injured as a result of defective equipment whilst at work is entitled to make a claim for personal injury compensation. Here we look at what ‘defective’ 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.
When can you claim compensation for defective equipment injuries?
If the equipment you used was defective, and you were injured because of this, you are entitled to make a compensation claim. 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
Importantly, it does not need to be the employer’s fault that the equipment is defective, simply that it is defective.
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 should be able to tell you if you have a valid claim.
Compensation amounts and reasons to claim
Defective work equipment can lead to serious injuries which often 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.
- In fatal accidents it can provide loved ones with some measure of compensation for their loss.
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. The actual amount you receive 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 defective 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.
How Direct2Compensation can help with your claim
Direct2Compensation have handled many defective work equipment claims over the years. We know your rights and can help you to understand 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 request a call back, and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.