Compensation For Injuries Caused By Faulty Work Equipment

79 questions have been answered below, why not ask your own?

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.

79 questions have been answered below, why not ask your own?

Leave a question

Please note we can only deal with claims within the UK legal system. Your question will appear once approved and we'll answer it as soon as we can. Your email address will not be published, your name will, so feel free just to use a first name.

Questions & Answers


  1. John

    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 (BTW the one I had the accident with was outside the estates department).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?

    Reply
    • 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
  2. Naser

    Hi dear
    I went in st Mary’s hospital A&E paddington and sat on chair and the base broke i fell and back flipped.

    Can i ask for a compensation?
    Thank you

    Reply
    • Ian Morris

      We can help you make a claim for compensation if you have suffered an injury as a result of the chair breaking. Make sure that a written record of the accident is made within the Hospital (they have probably already done this) and that you seek medical attention.

      To make your claim, please call us on 01225430285 or you can use the ‘start your claim for compensation‘ page of our website and we’ll be in touch to help you claim compensation.

      Reply
  3. paddy

    I work in a factory and got a lower back injury due to defective work equipment. My supervisor came over to me and told me to change to a different work station and I said to him that I cant do the job he asked me to do on my own and that I needed someone to help me.

    My supervisor told me to go and do it on my own and said that there was no one to help and he walked off. I was told at the start of the job that we wouldn’t be lone workers?

    The work involved moving timber framed walls on a roller system. Whilst working, one of the timber framed walls got caught in between a big gap on the rollers and needed to be lifted out of the gap to be pushed down to the end of the line. 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?

    Reply
    • 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
  4. Thomas

    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.

    Reply
    • 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
  5. Sundel

    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?

    Reply
    • 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
      • andy

        During my time with my current employer I have been witness to disturbing images and stressful situations linked to an ethical nature. I asked to be moved teams and was labelled as a trouble maker and told I was being obstructive. My behaviour got more erratic and I started suffering panic attacks. My Doctor diagnosed me as suffering PTSD and confirmed that I have a disability under the 2010 act. I belive work should have looked after my well-being better and are responsible for my health condition. Do you think I have a case?

        Reply
        • Ian Morris

          You may have a valid claim – certainly from what you have said, this should be investigated by a suitably qualified specialist Solicitor. We have such Solicitors available to assist you in this matter. May I suggest that you visit our stress at work page and Compensation claims for stress at work. Once you have completed this and returned it to us, we can have our specialist Solicitors review your situation and advise you as to a potential claim against the employer for negligence.

          Reply
  6. Louise mills

    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.

    Reply
    • 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. Please call us on 01225430285 or ask us to call you, so that we can help you start your claim.

      Reply
  7. Andrea

    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.

    Reply
    • 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. Please let us know when you would like us to call you so that we can get in touch and help you pursue a claim.

      Reply
  8. Terri

    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?

    Reply
    • 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
  9. Carlton

    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?

    Reply
    • 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
  10. Tom

    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.

    Reply
    • 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
  11. Paul

    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?

    Reply
    • 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
  12. Richard Mcknight

    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.

    Reply
    • 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
  13. Christine

    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.

    Reply
    • 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
  14. Lea

    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?

    Reply
    • 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
  15. Mark

    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?

    Reply
    • Ian Morris

      Injuries associated with electric shock incidents 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
  16. Steven

    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?

    Reply
    • 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
  17. Dean

    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?

    Reply
    • 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
    • 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.

      Reply
      • 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.

        Reply
  18. Gen

    A ‘worker’, as defined by the Employment Rights Act 1996 Section 230 3 (b), suffers personal injury at work due to use of faulty equipment supplied by his employer. Can he advance a common law negligence claim against his employer in the same manner as it would be for an ’employee’?

    Reply
    • Ian Morris

      Has the worker in the scenario you describe pursued a claim for personal injury compensation? If injury were sustained by an employer due to faulty or inadequate equipment provided by an employer, the injured worker could pursue a civil claim for personal injury compensation against the employer to recover all costs and lost income incurred due to the negligence of the employer as well as a settlement to cover the extent of the injury sustained in said incident.

      If you would like any further help with making a claim for personal injury compensation, please call us on 01225430285.

      Reply
      • Sue

        A machine is out of use at work. Employees are now being tasked with doing the machine’s work manually. This is very labour intensive and causing repetitive strain. Where do we stand?

        Reply
        • Ian Morris

          If this is a short term issue that is critical to the operation of the business, it is fine and would be unlikely to cause any longer term injuries etc. However, if this is a long term issue and you are noticing discomfort and symptoms, you should report the repetitive work to the employer (in writing) and outline any symptoms – and of course, seek medical attention.

          Reply
  19. Harrison

    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?

    Reply
    • 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
  20. Ben

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

    Reply
    • 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
  21. paul

    hi, about a week ago at work i received an electric shock from a microwave mains cable that had been eaten through by rats exposing live cables. A few days latter i collapsed whilst at work with breathing problems, shakes and dizziness and as a result had to go to hospital, took some photos of the microwave and mains cable, do i have grounds for a claim?

    Reply
    • Ian Morris

      Yes, you could pursue a claim here. Why not call us on 01225430285 so that we can help you start your claim for compensation?

      Reply
  22. Julie

    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.

    Reply
    • 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
  23. Matt

    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

    Reply
    • 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
  24. Liam Browne

    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?

    Reply
    • 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
  25. Dan

    2 years ago I had an accident at work caused by faulty hydraulic couplings that had been reported by several people, several times, to supervisors and officially through the daily layered accountability meetings (DLA meetings).
    The couplings had got stiff because instead of hydraulic oil going through them, we used water in our application. I had been told several times by supervisors that stainless couplings would not be bought because they were too expensive.
    2 days before my accident the couplings were so bad i told the general manager we really had to replace them and asked if I could buy stainless steel so that they would not rust internally and go stiff again. I was told to but mild steel ones and we would replace when they started to seize up again.
    On the day of my accident I was told to “get this job knocked on the head” from the general manager via my supervisor even though the replacements had not arrived and they knew the amount of force needed for them to attach them together. I was told to “try and lubricate the couplings the best you can.”
    I ended up tearing 2 Bicep Tendons on my left shoulder that needed to be cut and fixed to fixings drilled into my bone. I also suffered a tear in my Labrum on right shoulder that started to give me a lot of pain about 10 weeks later as the joint filled up with fluid and pressed on my main nerve.
    I have had an op on each shoulder over a 2 year period and chronic pain during that time. Hardly had any sleep in that time and still suffer now. I can no longer pick up heavier items as I can feel the pulling on the fixings attached to my bone which gives me pain. I think I will carry this injury for the rest of my life.
    It also aches and is very painful in cold weather. I’m now suffering from depression after all the stress of not being able to do my job properly. My employer is trying to move me into other departments. I feel like I’m being pushed out.

    While I was in the A&E dept of the local Hospital my employer changed the order on the coupling to stainless steel (I have a copy of the invoice).

    My questions are as follows:

    My company has recently been bought out by a bigger firm in the last year, so would it be the new employer’s insurance that has to pay?

    How solid a claim do you think I have? ( I have 2 signed witness statements if that helps.)

    Am I protected against a “sudden redundancy” after they find out I’m starting a claim? As I’m worried that they will find a way to get me out. I have a wife and 2 children and I am worried about losing my job.

    Reply
    • Ian Morris

      With regards to any claim, on face value you have a very strong claim for compensation against your employer on the grounds of employer negligence. They were repeatedly made aware of a risk to health and by ignoring your requests for replacement parts that would enable safe working, there is a clear argument to be made against them that they were in breach of their statutory responsibilities regarding Health and Safety at work.

      As your accident at work happened 2 years ago, you now have 1 year left to make your claim and we would advise that whether you instruct us or someone else, that you start your claim for compensation as soon as possible.

      Whilst you have concerns about your future employment, you cannot be made redundant for simply claiming compensation. Of course, if you are no longer fit to work due to this accident your employer could be within their rights to redeploy you to an alternative role if one is available or even terminate your employment – but only by going through the correct procedures to do so.

      Whilst you are understandably anxious about your future, if you were to claim and succeed (which at this stage would seem a reasonable expectation), our specialist Solicitors would be able to recover compensation for your injuries – the value of which would be reached on the basis of medical evidence – and also recover all lost income – both since your accident during time off, but also the future loss of income going forward if you were forced out of work due to your injuries.

      On the insurance issue, do not worry about that! It is most likely that the policy that was in place at the time of your accident is the policy that would be claimed against.

      Reply
  26. Isabelle

    25% liable for injury.

    Reply
    • Ian Morris

      If you have been held 25% liable for the accident, then it is a case of shared or split liability. As you have been found to be 25% responsible, then the value attributed to your claim settlement will be subjected to a deduction of the same percentage.

      Reply
    • Leia

      Hi, last night my friend got electrocuted at work. The protective cover on the lead to the iron has been broken in 3 places and a screw missing from the plug, so it’s being held by one screw. As my friend took out the plug she got an electric shock. They failed to call an ambulance for her and one of the managers even laughed at her. Does she have a calm ?

      Reply
      • Ian Morris

        Your friend has a valid claim. We would advise her to make a full accident book report of the incident and make note of the issues with the cable and screws and for her to seek medical attention in order to have the injuries noted officially.

        Reply
  27. lisette

    I work in a school kitchen and until November 2017, my role was as a service assistant. I then offered to help in the wash up area as they were short staffed and I wasn’t needed on my serving counter as much as the employer had changed the menus and wanted the chefs to cook the food to order.
    I then worked 2 days per week as a ‘runner’ and 3 days per week serving non-cooked foods.

    I hadn’t realised until the December that the dishwasher machine was faulty with only 1 of the 6 rollers working properly. I also had no idea that the dishwasher was automatic and that the trays should be rolled through mechanically. Due to the faulty rollers, I had had to pull and push the crates (loaded with heavy plates) through the dishwasher manually instead of it rolling along on the rollers automatically. Pushing the weigh of 4 crates through at a time. I asked the other employees in the wash up area why this hadn’t been reported and they said it been like it for years, so I spoke to the the Area Chef and he said he would look into it – this was just before the Christmas Holidays. When I returned to work in January, nothing had been done.

    In March 2017 I had to go the the doctors sue to excruciating pain in my left shoulder/arm. My GP said I’d probably suffered a tear to the rotator cuff. He gave me a sign myself off sick form which I gave to my manager who wasn’t very happy when I said what had happened. He said “what are you supposed to do then?”. I felt horrible and in pain. I said sorry but I’ve hurt my arm on the machine and felt that I had to continue to work so I ended up taking clean plates out with my other arm to the service area. I then spoke to my Area Manager and asked if they could put me back serving or get the machine fixed but still nothing has happened. I am still on the machine and having to use my other arm.

    I now have a dead arm and pins and needles everyday and shoulder and neck ache. The Head Porter said to our Manager about it again and the Manager said he didn’t know anything about it. I feel so depressed/frustrated and in pain. I know they will gang up if I take this further but I don’t know what else to do for them to take it seriously. Thank you kindly for any advice.

    Reply
    • Ian Morris

      You describe a comprehensive example of employer negligence that has directly lead to you sustaining a nasty and painful injury that no doubt impacts on your day-to-day life. Given what you have explained, we believe you have a valid claim for work accident compensation and we would be very happy to act for you.

      Your employer has been put on notice over what would seem to be many years that the dishwasher machine is not working correctly. It is clearly not designed to be used manually with people having to push the trays of plates through the machine. Those trays are clearly of weight and to pull them through without machine assistance is something that would foreseeably cause injury – as has happened to you. Their failure to act and repair or replace the faulty machine is employer negligence.

      We would recommend that you write to your employers head office, addressing the correspondence to your area manager and a copy to the HR team. You should fully explain the scenario you have described to us with regards to your own initial use of the dishwasher machine without training, the fault with the machine – that was not explained to you and how you have discovered that ‘it has been like it for years’. You should also mention that you have personally reported it on a few occasions and been advised that it would be looked in to and that the Head Porter has also reported it – but that NOTHING has been done. You should keep a copy of this letter or email as it would provide important evidence to support your claim.

      You should not be concerned about making a claim for compensation. We would like to help you and our expert staff know your rights and can offer support, advice and assistance. We work on a fully no win no fee basis and on the basis of your description of your injury and the fault with the machine at work, we believe that you have very strong prospects of succeeding with a claim against your employer.

      Reply
  28. Naomi Williams

    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.

    Reply
    • 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
    • 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!

      Reply
  29. Stephen Hamilton

    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.

    Reply
    • 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.

      Reply
      • 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.

        Reply
        • 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
  30. Daniel Holmes

    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.

    Reply
    • 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. We’ve more info on thumb injury claims and settlement amounts if you’re interested.

      Reply
  31. David Burgess

    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?

    Reply
    • 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.

      Reply
  32. Jak

    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?

    Reply
    • 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.

      Reply
  33. Klaudia

    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?

    Reply
    • 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
  34. Trish

    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.?

    Reply
    • 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.

      Reply
Direct2Compensation Personal Injury Claims

Speak with a claims expert

We're happy to answer any questions you might have, or let you know if you are eligible to claim. Just fill out the form below. You can also call us on 01225 430285.