Defective Work Equipment – A Guide to Claiming Compensation

If you’ve been injured while using defective work equipment, you might have grounds to claim compensation for your suffering. In this guide, you’ll read when defective work equipment claims might be possible. We also explore how much compensation could be paid for injuries caused by damaged or faulty equipment, machinery or tools. To help you make as strong a case as possible, we also provide details of the type of evidence that could support a defective work equipment compensation claim.

If you’d like free advice on how to start the claims process, please get in touch now. We’ll review your case and explain your options after providing a no-obligation initial assessment. If your claim appears to be feasible, we could also connect you with an accident-at-work solicitor who’ll manage your case on a No Win, No Fee basis if it is accepted.

To arrange your free initial consultation now, please feel free to:

• Give us a call on 0333 241 2519.
• Use our free live chat service.

You’ll find much of what you need to know about claiming compensation for defective work equipment injuries throughout this guide but please feel free to call if you have any queries.

Can I Make a Defective Work Equipment Claim?

While you may have heard of the Health and Safety at Work Act 1974 which means all employers have a duty of care towards the wellbeing of their staff, you might not have heard of PUWER (the Provision and Use of Work Equipment Regulations 1998).

This piece of legislation means that any equipment your employer provides for work purposes must be:

• Usable for its intended purpose.
• Safe to use.
• Inspected to ensure that it’s installed correctly (with subsequent checks also needed).
• Maintained properly (in accordance with the manufacturer’s guidelines).
• Used only by staff who have received adequate training.
• Used in conjunction with any necessary safety guards, emergency stop features and warning signs.

As such, if your employer provides work equipment that is not fit for purpose and you sustain a personal injury at work as a result, one of our solicitors may be able to help you make a defective work equipment claim for compensation if it can be proven that:

• You were owed a duty of care by your employer.
• Your employer’s negligence led to you being involved in an accident caused by defective equipment.
• You sustained an injury or injuries as a result of that accident.

To see if you might have a feasible defective work equipment claim, please get in touch now by calling the number above.

What Types of Negligence Can Lead to Defective Equipment Injury Claims?

Here are a few examples of accidents at work that could lead to defective work equipment injury claims:

• If you sustained a back injury at work after falling from a ladder after a damaged rung gave way.
• If you experienced an electrical shock after using a power tool that was inadequately maintained.
• Where you suffered a laceration in your leg which caused permanent nerve damage after the chain on a poorly maintained chainsaw came loose.
• If you were burned at work while using a water heater in the staff room because its thermostat failed to function properly.
• Where foreign bodies caused an eye injury after being thrown from a drill because its safety guard was missing.
• If you tripped and broke your leg after a poorly maintained elevator stopped between floors.
• If you developed an industrial disease after using a ventilator that failed to filter harmful chemicals due to aged filters.
• If you developed Vibration White Finger after using poorly maintained vibrating tools at work for extended periods.

There are of course many more ways in which defective equipment can cause injuries at work. Therefore, even if your accident is not described in this list, please get in touch and we’ll review your case for free.

What Should I Do If I’m Injured by Faulty Equipment at Work?

If you’ve been injured by faulty equipment at work, it may be necessary to:

• Visit A&E as soon as you can so that any injuries can be treated as quickly as possible (as this can improve the prospects of a full recovery).
• Talk to your employer about how the accident happened.
• Log the incident in your employer’s accident report book.

As well as providing some of the evidence you might need to support a defective work equipment claim, these steps may enable changes to be made by your employer to try and prevent similar accidents in the future.

What Evidence Can Be Used for Defective Equipment Injury Claims?

It is always important to gather evidence that strengthens your claim when seeking compensation for injuries caused by defective equipment at work. Some examples of the types of evidence that you could use include:

• Photographs of any visible defectives on the piece of equipment that caused your accident.
• Details of any colleagues (or other bystanders) who saw the accident occur.
• Medical evidence that proves your injuries (doctors or hospital records for example).
• CCTV footage of the accident if any is available.
• A copy of an accident report form to help prove when the accident happened.

You don’t need all of the evidence listed to discuss your claim with us. If your case is taken on, your solicitor may offer to gather some of the evidence listed and further information where required. For instance, more serious accidents might be investigated by the Health and Safety Executive (HSE). As such, your solicitor might request a copy of their report where available.

How Long Do I Have to Claim Compensation?

The standard time limit to claim compensation for injuries caused by defective work equipment is three years from the date of the accident or the date when you first became aware of your injury. For example, if defective equipment caused a deep laceration, the time limit will begin on the date of the accident, whereas for the effects of an injury or illness which isn’t immediately apparent such as a respiratory disease, the three-year period starts from the moment you became aware of the disease and its connection to your work.

If you were under 18 at the time you were injured, the time limit wouldn’t start until your 18th birthday.

Additionally, the Limitation Act 1980 also states that the 3-year time limit shouldn’t apply if the claimant lacks capacity (as per the Mental Capacity Act 2005). In these circumstances, someone else (a friend, colleague or loved one) could act on the claimant’s behalf to try and secure compensation at any point after the accident.

How Much Compensation for Injuries Caused by Defective Work Equipment?

As you might expect, the level of compensation awarded in successful defective equipment claims is linked to the level of suffering you’ve endured.

Initially, a value will be calculated to compensate you for your pain, suffering and loss of amenity. This will generally involve medical records, x-rays, test results and independent reports being gathered by your solicitor. Crucially, you could be compensated for both physical and psychological suffering if the claim is successful.

Additional compensation might be awarded if your injuries have left you out of pocket. For instance, your settlement could cover:

• Loss of earnings.
• Medical treatment costs and prescription fees.
• Home modifications such as the installation of a stair lift if you’ve suffered a serious leg injury at work.
• Care and support costs.
• Future loss of earnings.
• Travel costs (such as hospital parking fees).

If your claim is handled by one of our specialist accident-at-work solicitors, they’ll review your case in detail so that all aspects of your suffering are covered by any settlement you receive.

Can I Claim Compensation if I’m Not a Full-Time Employee?

Workplace equipment must be safe for all workers to use regardless of their contract type. That means agency staff, temps, subcontractors, zero-hours workers and the self-employed could all be eligible to start a defective work equipment compensation claim.

So long as your employer’s negligence has caused your injuries, one of our solicitors could help you to claim the compensation you deserve. For more information, please feel free to contact our legal advisors now.

Can I Be Disciplined for Making a Defective Work Equipment Claim?

As long as your claim is justified, your employer cannot take any action against you. That means they won’t be able to pick on you, demote you, bully or fire you.

The only times such action might be necessary is if you deliberately caused an equipment failure, you failed to use the equipment as you had been trained to do so, or effectively, the claim is dishonest.

Do You Need a Solicitor for Defective Equipment Claims?

Personal injury claims against employers can be difficult and stressful. That’s why you might want to take on a specialist work injury solicitor from our panel. If they agree to work for you, they’ll manage the whole claims process on your behalf.

Not only should your claim be smoother if you have specialist legal representation, but your chances of receiving a fair settlement could be increased. Another benefit of working with a solicitor is that you won’t have to face any questions from your employer (or their insurers) about your claim.

It’s also worth pointing out that our solicitors provide No Win, No Fee defective work equipment claims for any case they take on. That means that they’ll start preparing your claim as soon as you’ve signed a Conditional Fee Agreement (CFA).

CFAs mean that there are no upfront payments for your solicitor’s work and their efforts will only be rewarded if your claim is won. If that happens, a success fee will be payable to your solicitor. This is a percentage of your settlement which is capped legally (due to the Conditional Fee Agreements Order 2013) to 25 per cent of any settlement you’re awarded.

To see if you could claim compensation for injuries caused by defective work equipment on a No Win, No Fee basis, please call a legal advisor now.

How Long Do Defective Equipment Injury Claims Take?

The time taken to process a defective equipment injury claim can be affected by various factors.

For instance, if you suffered a broken finger at work after a compressor failed to stop and have made a complete recovery, compensation could be paid in around 3 to 5 months (so long as liability for the incident has been accepted).

The claims process can take up to a year or more in certain circumstances though. This could be the case if you lost fingers after a cutting machine started working while you were unblocking it. In this scenario, extra time might be needed so that the full impact of your finger amputations can be properly assessed. If this delay causes financial problems, you might receive interim payments before the claim is finalised once liability for the accident has been agreed.

Contacting Us About a Defective Work Equipment Claim

Have you been injured by defective or faulty workplace equipment? Do you feel that you should be compensated for your suffering? If so, why not speak to one of our specialists now? You can do so by:

• Calling our legal advisors on 0333 241 2519.
• Connecting to our 24/7 live chat service.

Whichever method you choose to get in touch, your claim will be reviewed by a specially trained advisor. They’ll advise you of your options and could even connect you with one of our solicitors. Crucially, all defective work equipment claims that are taken on will be processed on a No Win, No Fee basis.