Experiencing an accident at work can leave you feeling completely lost. Your employer has certain responsibilities to keep your working equipment safe to use, so it can come as a surprise when something goes wrong. However, you may find that a defective work equipment claim helps you to move on to the next chapter of your life. If you were harmed during an accident that resulted from your employer’s failure to enact health and safety laws, you could be entitled to compensation.
Key Takeaways
- Employers are responsible for maintaining workplace machinery.
- Accidents often occur due to a failure to identify risks, faults that have not been fixed and a failure to implement safeguarding.
- Examples of equipment that can be dangerous when faulty includes ladders, forklifts, electrical tools and factory machines.
- Compensation in an accident at work claim covers the suffering and pain related to injuries sustained.
- You can also be compensated for various financial losses, such as time taken off work in order to recover
If you have any interest in the workplace accident claims process, why not speak with an advisor? There is no pressure to proceed, so feel free to ask any questions:
- Call us on 0800 073 8803
- Get in touch with us through our online form
- Chat live with an advisor using the pop-up window in the corner
Jump To A Section
- Can I Make A Defective Work Equipment Claim?
- Who Is Responsible For Maintaining Equipment At Work?
- What Are Some Examples Of Equipment Defects?
- What Equipment Is Most Dangerous When Faulty?
- How Can I Prove My Employer Is At Fault For The Injury Caused?
- What Compensation Could I Get For A Defective Work Equipment Accident?
- How Long Will I Have To Claim For An Injury Caused By Equipment Defects?
- Can I Make A No Win No Fee Defective Work Equipment Claim?
- Learn More
Can I Make A Defective Work Equipment Claim?
Yes, you can make a defective work equipment claim if your employer failed to comply with relevant health and safety regulations, causing you to suffer from illness or injury. You can keep reading this section for more details on the eligibility requirements:
- A Duty Of Care Was Owed To You
‘Duty of care’ is a legal term that means that a liable party (in this case, your employer) needs to adhere to reasonable standards to ensure the safety of others and avoid careless acts. All employers owe a duty of care to their employees and must adhere to the Health and Safety at Work etc. Act 1974 (HASAWA). Therefore, under HASAWA, they are required to take reasonable steps to ensure the safety of employees.
2. Your Employer Breached Their Duty
You will need to show that your employer failed to fulfil their duty to you. For example, you may have suffered an injury due to your employer’s failure to perform risk assessments for working equipment. In a later section, we provide more information on the responsibilities of employers.
3. You Suffered an Injury or Illness
However, even if your employer breaches their duty, if you don’t suffer an injury (either mental or physical) or illness because of this breach, then you do not have a valid claim. Provided the injury is medically recognised, no matter how minor, you can claim. Furthermore, you may have suffered multiple injuries in the accident. In these cases, you can seek compensation for each injury.
When these 3 items are taken together, negligence has occurred. You can seek compensation for employer negligence.
Defective Equipment Claims On Behalf Of A Loved One
You can make a defective equipment claim on behalf of a loved one, on the condition that they cannot make decisions for a claim themselves. This applies in cases where a person is below the age of 18 or mentally incapacitated.
Your role in such a case would be to act as their litigation friend. This would require you to make decisions that reflect the best interests of the affected party and regularly communicate with their solicitor.
Fatal Defective Work Equipment Claims
When a family member or loved one dies in an accident involving defective equipment, only the estate of the deceased can make a claim during the first 6 months after death. This is outlined by the Law Reform (Miscellaneous Provisions) Act 1934.
If this period passes without the estate making a claim, certain relatives may qualify to bring legal proceedings for compensation. For example, a spouse, parent or child of the deceased could claim as per the Fatal Accident Act 1976.
You can find out more information by reading our fatal injury claims guide. Our advisors are also available to assess whether you can make a claim, either for yourself or on another person’s behalf. They have handled many enquiries of this nature, so you can trust that you are in good hands.
Who Is Responsible For Maintaining Equipment At Work?
Your employer is responsible for maintaining work equipment. This is outlined by the law, so keep reading to find out more information.
What Are My Employer’s Responsibilities For Work Equipment?
Your employer must ensure that all work equipment and machinery used in the workplace is suitable for its intended purpose and safe to use. Their responsibilities are laid out by the Provision and Use of Work Equipment Regulations 1998 (PUER).
This legislation requires employers to uphold the following duties regarding workplace equipment:
- Conduct risk assessments and regularly inspect any machinery
- Once made aware of any faults, they must replace or repair the equipment
- Ensure that all equipment is fit to perform its function safely at all stages of its working life
- Providing employees with the necessary training and information so that they can use the equipment safely
- Outlining measures and making sure that there are safeguards in place (such as an emergency stop button for machinery)
- Check that equipment and machinery has been correctly installed and will not be used for anything except its intended purpose
Do Employees Have Responsibility To Use Equipment Correctly
Yes, alongside the role of your employer, employees also need to use workplace equipment in the correct way. Therefore, employees need to:
- Carry out their work in line with the safety procedures they have been informed of
- Use machinery and equipment as per any instructions and training given to them
- Use appropriately and for its intended use
- Make their employer aware if faults or defects develop
After a workplace accident, understanding your responsibilities and those of your employer can be difficult. However, you can speak with our advisors to learn more and confirm whether you have valid grounds to make a defective work equipment claim.
What Are Some Examples Of Equipment Defects?
Examples of equipment defects often include missing parts, poor maintenance and a failure to identify risks. So, you could make a defective work equipment claim under the following circumstances:
- You inform your manager that the rungs on a ladder have been weakened, but they fail to fix the issue and do not offer you a replacement. When using the ladder at work, the rung breaks underneath you and you fall to the ground. You suffer from a concussion and broken bones in your legs.
- Your employer fails to perform regular checks on their factory machinery. One day, a machine malfunctions and your hand is crushed in the mechanism.
- While at work, your boss tells you to to use a forklift that is known to be faulty. When driving the forklift, the breaks do not work and you crash into a wall. This injured your back.
There are many other valid examples of equipment injury claims that we haven’t covered, so there’s no cause to worry if your accident wasn’t included. Speak to a member of our enquiries team today to find out whether you can make a defective work equipment claim.
What Equipment Is Most Dangerous When Faulty?
Common examples of equipment that can be dangerous when faults develop include forklifts, power tools and factory machines. Accidents may also relate to faulty:
- Ladders
- electrical equipment and wires
- Elevators
- Conveyer belts
- Construction equipment, such as saws
- Ventilation systems
- Kitchen equipment
- Cranes
- Desks and chairs
Any equipment can be dangerous to use if your employer has failed to maintain it. Don’t hesitate to contact our advisors for more information on how to make a defective work equipment claim.
How Can I Prove My Employer Is At Fault For The Injury Caused?
You can prove that your employer is at fault by providing visual evidence of the accident scene and medical evidence of your injuries. The following list covers examples of valid evidence:
- A copy of your medical records
- Photos of the faulty equipment and/or accident scene
- CCTV footage of the incident
- A copy of an accident report- employers are required to report certain incidents to the Health and Safety Executive (this body monitors workplace health and safety in Great Britain).
- A copy of the accident log book. This is another legal requirement for employers: any workplace with 10 or more staff members must have an accident book.
- The contact information of those who witnessed your workplace accident- this may apply to your fellow workers or those visiting your workspace.
The prospect of proving a defective work equipment claim can seem intimidating, especially if this is your first time looking into a compensation claim. However, you don’t need to figure this out on your own. Contact our advisory team today to find out if a solicitor from our panel could help you to determine what evidence you require.
What Compensation Could I Get For A Defective Work Equipment Accident?
You could get financial compensation for the physical, emotional and financial impact related to the harm experienced. In successful cases, the first part of your award is referred to as general damages. These cover the suffering and pain resulting from your injuries. This head of claim covers various other factors that are unique to each claimant, such as an inability to complete tasks as you could before your accident.
When evaluating general damages, legal professionals can use the Judicial College Guidelines (JCG). This text provides compensation guideline brackets based on the severity and type of injury.
We have included some JCG figures in the following table. You should be aware that these figures offer no guarantee of your compensation. This is because each compensation payout is calculated to reflect the specific circumstances of the claimant.
If you are interested in accessing a tailored compensation estimate, contact an advisor today. They can advise you based on the details of your experience and explain what the compensation covers.
Please note that the figure in the 1st row was not taken from the JCG.
| Type and Severity of Injury | Compensation Bracket | Notes |
|---|---|---|
| Multiple injuries with financial losses | Up to £1,000,000+ | Multiple injuries with financial impact such as costs relating to medical treatment, travel and professional care |
| Head- very severe | £344,150 to £493,000 | The compensation will account for the impact on various aspects of the person's life, such as their degree of insight, physical limitations, sensory issues and ability to communicate |
| Arm- loss of one arm (ii) | £133,810 to £159,770 | Amputation above the elbow where a shorter stump may make it difficult to use a prosthesis |
| Foot- very severe | £102,470 to £133,810 | There will be permanent very serious disability and severe pain, such as a traumatic amputation of the forefoot with a seriously exacerbated existing back problem and the risk of full amputation |
| Hand- serious damage to both hands | £68,070 to £103,200 | There will be a significant loss of function and permanent cosmetic disability |
| Ankle- very severe | £61,090 to £85,070 | Unusual and limited injuries fall within this bracket, such as a transmalleolar fracture of the ankle resulting in extensive soft tissue damage and deformity |
| Neck- severe (iii) | £55,500 to £68,330 | Injuries such as ruptured tendons and/or severe damage to soft tissues, dislocations and fractures resulting in chronic conditions with permanent and significant disability |
| Wrist- injuries causing permanent and significant disability | £29.900 to £47,810 | Some useful movement of the wrist will remain |
| Leg- less serious (i) fractures with incomplete recovery or serious soft tissue injuries | £21,920 to £33,880 | For fractures. there will be a reasonable recovery with a defective gate/metal implant, amongst other issues. Soft tissue injuries in this bracket will cause some nerve damage and/or functional restriction |
Can My Defective Work Equipment Claim Payout For Other Losses?
Yes, you can also receive defective work equipment compensation for the financial losses caused by your injuries. You can be reimbursed for these costs under special damages. Examples of costs you could recover include:
- Payments for prescriptions and private medical care
- Travel costs required to attend medical appointments
- Lost income related to time off work during your recovery and future losses if you will not be able to return to work
- The cost of hiring a professional carer to help you with daily tasks
- Home adjustment, such as having a stairlift installed
Our enquiries team can help you to better understand the process of calculating compensation, so contact them today to find out more.
How Long Will I Have To Claim For An Injury Caused By Equipment Defects?
Most people need to start a defective work equipment claim within 3 years of the date on which their accident occurred. The Limitation Act 1980 determines this. In certain cases where it is not possible for the affected person to make decisions for a claim themselves, there may be a pause on the limitation period.
Visit our dedicated limitation period guide to learn more about time limits. You are also welcome to contact an advisor to discuss the matter directly.
Can I Make A No Win No Fee Defective Work Equipment Claim?
Yes, you can make a No Win No Fee defective work equipment claim with a solicitor from our panel, provided that you meet the criteria outlined at the start of this guide. This means that, by signing a Conditional Fee Agreement (CFA), you do not need to pay for your solicitor’s work:
- Before the faulty equipment claim begins
- As your case is progressing
- If you do not receive financial compensation
However, if you are compensated, you will need to pay a success fee. This is the percentage of the compensation that you owe to your solicitor. There is a legally binding cap in place, so you get to keep the largest share of the compensation for yourself.
If you are wondering whether you would benefit from working with a solicitor from our panel, consider the following legal services that they can offer to you:
- Help with the collection of evidence that will improve your chances of success
- Connecting you with experts who could help with your condition (such as trusted psychologists or physiotherapists)
- Negotiating the compensation settlement to cover the various ways in which your injuries have affected your life
- Handling communication with the other party throughout the whole process
Contact Public Interest Lawyers
You can get in touch with an advisor at your earliest convenience to find out if you qualify to make a defective work equipment claim. If you are simply seeking more information before reaching a decision, you can rest assured that all advice is offered without any strings attached.
- Call us on 0800 073 8803
- Get in touch with us through our online form
- Chat live with an advisor using the pop-up window in the corner
Learn More
You read some more of our personal injury guides below:
- Visit our guide on accident at work compensation examples
- Learn about claiming for an accident involving hazardous chemicals at work
- Find out how to seek compensation for an office accident
External resources:
- Check whether you could be entitled to Statutory Sick Pay (SSP)
- Visit the Health and Safety Executive (HSE) advice on workplace equipment and machinery
- Read about administering first aid, as explained by the NHS
Thank you for reading this guide on how to make a defective work equipment claim.