Have you suffered an injury in the workplace due to faulty equipment? Did you know that your employer has a legal responsibility to keep you reasonably safe whilst you are at work? In this guide, we will discuss when you could be eligible to make a defective work equipment claim for compensation.
We start by looking at different forms of compensation you could be awarded. Following this, we will explain the eligibility criteria for accident at work claims. Additionally, we examine what evidence could help support your case and provide you with examples of accidents that can be caused by faulty work equipment.
And finally, at the end of this guide, we look at the benefits of appointing a No Win No Fee solicitor to your case.
If at any point during this guide, you have any questions about the personal injury claims process, you can contact our friendly advisory team. They can be reached via any of the following methods:
- Call us on 0800 408 7825
- Contact us online
- Use our live chat
Contents
- How Much Compensation Could I Get For My Defective Work Equipment Claim?
- Can You Make A Defective Work Equipment Claim?
- What Types Of Work Equipment Could Be Defective Or Faulty?
- What Evidence Could Help You Make An Accident At Work Claim?
- Could You Lose Your Job If You Claim Against Your Employer?
- How Can Making A No Win No Fee Claim Help You?
- Learn More About How To Make A Defective Work Equipment Claim
How Much Compensation Could I Get For My Defective Work Equipment Claim?
When making a defective work equipment claim, your compensation could consist of two types of damages: general and special damages.
General damages are awarded for the pain and suffering caused by the injuries. These can be physical or psychological.
As part of your accident at work claim, you may be invited to attend an independent medical assessment. Additionally, the report from this assessment, along with compensation guidelines from the Judicial College (JCG), may be used to value the general damages part of your settlement.
The JCG is often used by those valuing claims as it lists guideline compensation amounts for a wide variety of injuries at different severity levels.
Below, we have listed some of these compensation guidelines. However, the first entry has not been taken from the JCG,
Compensation Guidelines.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries with Special Damages | Severe | |
| Hands | Total Effective Loss of Both Hands | £171,680 to £245,900 |
| Total Effective Loss of One Hand | £117,360 to £133,810 | |
| Serious | £35,390 to £75,550 | |
| Leg | Severe (i) Most Serious Injuries Short of Amputation | £117,460 to £165,860 |
| Knee Injury | Severe (i) | £85,100 to £117,410 |
| Foot | Amputation of Both Feet | £206,730 to £245,900 |
| Neck | Severe (ii) | £80,240 to £159,770 |
| Moderate (iii) | £9,630 to £16,770 | |
| Skeletal | Damage to Teeth (i) | £10,660 to £13,930 |
Can I Claim Loss Of Earnings In A Defective Work Equipment Claim?
Yes, you could, as long as these lost earnings resulted from your injuries. This and any other financial losses you have suffered could be compensated under special damages.
Examples of financial losses you could claim for, other than lost earnings, include:
- Medical expenses.
- Care costs.
- Travel expenses.
- Future lost earnings. For example, if the injury you suffer is serious enough to mean you can’t go back to your old job, you can claim for the salary and pension you would have earned but for the injury.
You need to present evidence to be able to claim these losses back, This could include bank statements and payslips, for example.
Continue reading this guide to learn when you may be eligible to make a defective work equipment claim. Additionally, you can also contact our advisors to discuss your case.
Can You Make A Defective Work Equipment Claim?
When working with any type of equipment, it is important that it is safe for use. However, if at some point the equipment has become defective, unsuitable for use, broken or not been maintained, this could potentially lead to an injury.
As an employee, you are owed a duty of care by your employer. They need to take reasonable steps to ensure you are safe whilst performing your work duties, as stated under the Health and Safety at Work etc. Act 1974
Regarding work equipment, specifically, an employer’s duty of care is also highlighted in The Provision and Use of Work Equipment Regulations 1998. It states that employers should ensure that work equipment is constructed or adapted to be suitable for the purpose in which employees are asked to use it. The work conditions and the potential risks to health and safety when using said equipment must also be considered by the employer.
Additionally, the Employer’s Liability (Defective Equipment) Act 1969 holds employers accountable for any injuries their employees suffer due to defective work equipment.
To be eligible to make a defective work equipment claim, you must prove:
- Your employer had a duty of care towards you.
- Your employer breached that duty of care
- You suffered an injury due to this breach.
To discuss the specific factors of your case, you can contact our advisors for a free eligiblity case assessment.
What Types Of Work Equipment Could Be Defective Or Faulty?
As part of their duty of care, employers must ensure that work equipment is maintained and checked on a regular basis.
Failure to provide staff with safe and adequate equipment could be classed as a breach of their duty of care and lead to an accident. Some examples of how an injury may be suffered due to various faulty equipment include:
- Ladders – Falling from a height due to the employer providing the employee with a faulty ladder. This could result in multiple serious injuries, such as a broken leg and head injury.
- Personal Protective Equipment (PPE) – For example, you may suffer an eye injury if your employer provided you with cracked safety goggles and loose shrapnel got into your eye.
- Power tools – For example, if your employer did not replace faulty breaks in a forklift, but still asked you to operate it, this could cause you to crash and suffer an arm injury.
If you have suffered an accident at work as a result of being provided with defective work equipment, then please call us to discuss the matter further.
What Evidence Could Help You Make An Accident At Work Claim?
When making a defective work equipment claim, it is important to have evidence that shows negligence occurred.
Potential types of evidence that could help support your case include:
- CCTV footage of the accident.
- A diary of your treatment and symptoms. This could help illustrate your physical/mental state before and after the accident.
- Obtaining medical evidence – This can include, for instance, a copy of your medical records.
- Taking photographs of your injury, accident site and the defective equipment.
- The contact details of potential witnesses. During the claims process, potential witnesses could be asked to provide a statement.
For more detailed advice on the specific evidence you may be able to collect for your particular claim, you can contact our advisors.
Could You Lose Your Job If You Claim Against Your Employer?
You may be wondering, ‘Can I be sacked if I have an accident at work and make a claim?’.
You have a right to make a personal injury claim against your employer if their negligent actions have caused the injury. They are legally not allowed to fire you for claiming against them.
However, if you were responsible for your injuries, they could have valid grounds to fire you. For example, if you crashed a forklift truck due to having a lack of training and your employer directly told you not to use the forklift because of this.
To see whether you may have a valid personal injury claim, you can contact our advisors.
How Can Making A No Win No Fee Claim Help You?
Although it is not necessary to work with a solicitor, it can come with various advantages. For example, the expert solicitors on our panel could help you with:
- Gthering evidence.
- Organising an independent medical assessment.
- Negotiating your compensation.
Furthermore, they can provide this service through a No Win No Fee agreement, such as Conditional Fee Agreement (CFA).
The benefits of claiming under a CFA include:
- No upfront fees for the solicitor’s services.
- No fees throughout the process.
- No fees to the solicitor for their work should the claim be unsuccessful.
Should you win your defective equipment claim then the solicitor will deduct a legally capped percentage from your compensation. This is known as a success fee.
We are eager to help with any questions you may have. Please feel free to contact us on:
- Call us on 0800 408 7825
- Contact us online
- Use our live chat
Learn More About Making An Accident At Work Claim
Read more of our accident at work guides:
- Learn more about the accident at work claims process.
- Guidance on the time limit for making an accident at work claim.
- See if you could claim for an accident caused by another employee.
Some helpful external resources:
- Learn how employers can manage risks at work from the Health and Safety Executive (HSE).
- Guidance on when to provide first aid from the NHS.
- Learn when you could be eligible for statutory sick pay from Gov.UK.
Thnk you for reading this guide on making a defective work equipment claim.