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When the equipment you rely on to do your job is defective, the consequences can be far more serious than a disrupted working day. An accident caused by faulty or unsafe work equipment can leave you with painful injuries and uncertainty about when you will be able to return to work. If your employer failed to provide suitable or properly maintained equipment, you may be able to make a defective work equipment claim and seek compensation for the impact the accident has had on your life.
After a workplace accident, many people question whether it was simply bad luck or whether it could have been avoided. If defective work equipment caused your injuries, it is worth considering whether your employer took reasonable steps to keep that equipment safe to use. Where equipment has not been properly maintained, repaired when faults were identified, or removed from use when it became unsafe, you may have grounds to seek compensation.
Legal Helpline can connect you with a solicitor from our panel who can assess the circumstances of your accident, advise whether you’re eligible to claim and support you throughout the process. If your claim is accepted, you may also be able to pursue compensation on a No Win No Fee basis, allowing you to focus on your recovery while your claim progresses. If you’d like to find out whether you have a valid claim, our friendly advisors are available to explain your options and, where appropriate, connect you with an accident at work claims solicitor from our panel.
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Can I Make A Defective Work Equipment Claim?
Yes, you can make a defective work equipment claim if you were injured because your employer failed to provide safe work equipment or take reasonable steps to protect your safety. Employers are responsible for providing equipment that is suitable for the job, properly maintained and safe to use. When those standards are not met and you’re injured as a result, a solicitor from our panel can help you understand whether you’re entitled to claim compensation.
Every defective work equipment accident is different, which is why a solicitor from our panel will begin by understanding exactly what happened. Rather than expecting you to work out whether your employer was legally responsible, they’ll investigate what happened and determine whether the available evidence supports a defective work equipment claim.
As part of this assessment, they’ll consider:
- How the accident occurred, including what equipment you were using and whether it should have remained in use.
- Whether your employer met their legal responsibilities, including maintaining equipment, carrying out inspections, arranging repairs and providing appropriate training where needed.
- What information is available to establish how the accident happened and whether defective work equipment contributed to your injuries.
- How the accident has affected your life, including your ability to return to work and any financial losses you’ve experienced.
If you’re unsure whether defective work equipment was responsible for your injuries, you don’t need to have all the answers before getting in touch. Our advisors can listen to what happened and, where appropriate, introduce you to a solicitor from our panel to begin assessing your claim.
Why Could My Employer Be Responsible For Faulty Equipment?
Your employer could be responsible for faulty equipment where the accident resulted from a defect that should reasonably have been identified and dealt with before anyone was injured. If equipment continued to be used despite signs that it was unsafe, this may indicate that appropriate procedures were not followed. Whether that failure contributed to your accident will form an important part of establishing liability.
The main legislation governing workplace equipment safety includes:
- The Health and Safety at Work etc. Act 1974: This places a general duty on employers to protect the health, safety and welfare of their employees so far as is reasonably practicable.
- The Provision and Use of Work Equipment Regulations 1998 (PUWER): These regulations require employers to provide work equipment that is suitable for its intended purpose, safe to use, properly maintained and accompanied by appropriate information, instruction and training.
These duties continue throughout the time equipment is used in the workplace, not just when it is first provided. Employers should identify potential risks before they lead to an accident, respond appropriately when faults or hazards are reported and make sure equipment remains safe to use through regular maintenance and inspections. They should also ensure employees receive adequate training so they can use work equipment correctly and recognise when it may be unsafe.
If you’re unsure whether your employer met their legal responsibilities, our advisors are here to help. They can answer your questions, explain what information is likely to be important and help you understand your options. If you’d like to take things further, they can also arrange for your enquiry to be reviewed by a solicitor from our panel.
Common Causes Of Faulty Workplace Equipment Accidents
Faulty workplace equipment accidents often happen because it has been allowed to deteriorate or remain in use despite developing a fault. In these cases, employers continue to use equipment that they knew, or ought to have known, was unsafe. Understanding how these defects develop can help establish why an accident occurred and whether it could have been prevented.
Some common causes of defective workplace equipment accidents include:
- Poor maintenance: While operating a forklift, the brakes fail because your employer ignored scheduled maintenance and continued using the vehicle. Unable to stop in time, you collide with shelving and suffer multiple fractures and soft tissue injuries.
- Inadequate inspections: A damaged ladder remains in use because routine inspections were not carried out. It collapses while you’re working at height, causing you to fall and sustain a serious back injury and a broken wrist.
- Faulty machinery: You’re instructed to use machinery that has already developed a known mechanical fault. The machine suddenly malfunctions, trapping your hand and causing crush injuries that require surgery.
- Missing safety guards: Safety guards have been removed from a machine to speed up production, but your employer allows it to remain in use. During normal operation, your hand comes into contact with moving parts, resulting in severe lacerations and the amputation of fingers.
- Defective personal protective equipment (PPE): Your employer provides a damaged safety helmet that should have been replaced. When an object falls from overhead, the helmet fails to protect you, leaving you with a serious head injury.
If you’re unsure whether faulty equipment was responsible for your accident, our advisors can help you identify the issues that may be relevant to a claim. A short conversation could help you understand whether the circumstances of your accident may support a defective work equipment claim.
What Types Of Injuries Could Be Caused By Unsafe Work Equipment?
Unsafe work equipment can cause a wide range of injuries, from relatively minor harm, such as soft tissue injuries, to life-changing conditions that require ongoing treatment and rehabilitation, such as brain damage. The type and severity of your injuries will often depend on the equipment involved, how the accident happened and the force of the impact. These injuries can also affect the amount of compensation you could be entitled to claim.
Common injuries caused by defective or faulty work equipment include:
- Broken bones: Fractures are common after falls from defective equipment or when faulty machinery causes an impact injury.
- Head and brain injuries: A blow to the head caused by defective equipment or failed personal protective equipment can lead to anything from a concussion to a serious brain injury.
- Back injuries: Unsafe work equipment can cause falls or heavy impacts that result in painful back injuries with long-term effects.
- Hand and arm injuries: Faulty machinery or missing safety features can cause severe injuries to the hands or arms, affecting strength, movement and dexterity.
- Psychological injuries: A traumatic workplace accident can also affect your mental wellbeing, particularly if your injuries have changed your ability to work or carry out everyday activities.
If you’re wondering whether your injuries could be linked to a defective work equipment claim, our advisors are here to help. Where appropriate, they can connect you with a solicitor from our panel to begin investigating the circumstances of the accident and progressing your faulty equipment claim.
How Much Compensation Could A Defective Work Equipment Claim Pay?
The amount of compensation a defective work equipment claim could pay depends on the severity of your injuries, how they affect your daily life and whether you’ve experienced any financial losses because of the accident. No two claims are the same, so the value of your settlement will reflect your individual circumstances.
Compensation can be divided into two parts. The first is general damages, which compensate you for the pain, suffering and loss of amenity caused by your injuries.
When valuing general damages, solicitors may refer to the Judicial College Guidelines (JCG). The JCG contains guideline compensation brackets for different types of injuries and is based on previous court decisions. While every claim is assessed on its own facts, these guideline figures can help provide a starting point when valuing a personal injury claim.
We have used some of the JCG’s brackets for the table below. Please only use this table as a guide. Also note that the top entry has not come from the JCG.
| Injury | Notes | Guideline Compensation |
|---|---|---|
| Multiple serious injuries with substantial financial losses | Financial losses such as rehabilitation fees, physiotherapy costs and lost earnings. | Up to £1,000,000+ |
| Very Severe Brain Damage | Little or no meaningful response to the environment and a need for full-time care. | £372,570 to £533,720 |
| Moderate Brain Damage (i) | Moderate to severe intellectual deficit with no prospect of employment. | £198,320 to £289,420 |
| Severe Back Injuries (i) | Such as those causing severe nerve root damage or damage to the spinal cord. | £120,340 to £212,670 |
| Moderate Back Injuries (i) | Such as compression or crush fractures of the lumbar vertebrae. | £36,680 to £51,230 |
| Severe Neck Injuries (i) | Severe neck injuries associated with incomplete paraplegia. | In the region of £195,970 |
| Severe Arm Injuries | Injuries that have fallen short of amputation but leave the person little better off. | £127,050 to £172,970 |
| Serious Hand Injuries | Injuries that have reduced the hand to 50% capacity. | £38,310 to £81,790 |
| Wrist | Resulting in a complete loss of function in the wrist. | £62,910 to £79,080 |
| Serious Shoulder Injuries | Significant pain with ongoing restrictions of movement. | £16,870 to £25,370 |
Special Damages In A Defective Work Equipment Claim
In addition to general damages, you may also be able to recover special damages. These compensate you for the financial impact of your injuries. To recover these losses, you’ll need evidence such as receipts, invoices, wage slips or other supporting documents.
Special damages may include:
- Income lost while you’re unable to operate machinery or carry out your usual role, including reduced earnings if you’re placed on lighter duties or fewer hours during your recovery.
- The cost of specialist rehabilitation needed after injuries caused by defective work equipment, such as physiotherapy to restore movement following a crush injury or occupational therapy to help you return to work safely.
- Travel costs associated with your recovery, including journeys to hospital appointments, follow-up treatment and independent medical assessments arranged as part of your claim.
- Care and domestic support if your injuries reduce your ability to manage everyday activities independently during your recovery.
- Specialist aids or adaptations if a serious workplace injury leaves you needing equipment or changes to your home to support your recovery.
A solicitor from our panel can look at the full impact your accident has had, not just your physical injuries. By identifying every financial loss linked to your defective work equipment accident and gathering the evidence needed to support it, they can help ensure your claim reflects the true effect the injury has had on your life.
How Can I Bring A Defective Work Equipment Claim?
Bringing a defective work equipment claim starts with establishing how your accident happened, who was responsible and how your injuries have affected you. Once you’ve sought medical attention, it’s important to preserve any evidence that could support your claim. A solicitor from our panel can then assess your circumstances, advise whether you have valid grounds to seek compensation, and guide you through each stage of the process.
What Evidence Will A Defective Work Equipment Claim Need?
A defective work equipment claim can be supported by evidence such as maintenance records, an accident report and medical records. Together, these can help show how the accident happened, whether your employer failed to keep equipment safe and the impact your injuries have had on your life.
You can find a more detailed explanation by reading our guide to the evidence needed for a personal injury claim.
Is There A Time Limit For Claiming Injuries Caused By Faulty Equipment At Work?
Yes, there is a 3-year time limit for claiming injuries caused by faulty equipment at work. This time limit is set by the Limitation Act 1980 and runs from the date the accident took place. However, different time limit rules can apply to claims involving children and people who lack the mental capacity to manage their own legal affairs.
You can find out more about the relevant time limits and the exceptions that may apply by reading our guide on the limitation period for compensation claims.
Unsure how much time you have left to make a claim? Our advisors can help you understand which time limit is likely to apply to your circumstances and what you can do next. If you’re still within the relevant limitation period, they can help you take the first steps towards starting your claim.
How Legal Helpline’s Panel Of Solicitors Can Help Your Defective Equipment Claim
Making a claim after an accident involving defective work equipment can feel overwhelming, particularly if you’re recovering from your injuries while trying to understand your legal rights. By contacting Legal Helpline, you can be introduced to a solicitor from our panel who understands employer’s liability claims and can provide practical support from the outset. They will work to build the strongest possible case while allowing you to focus on your recovery.
A solicitor from our panel can help by:
- Investigating whether your employer met their legal responsibilities, including reviewing maintenance schedules, equipment inspection records and workplace documentation to establish whether the equipment should have remained in use.
- Securing evidence that links the defective equipment to your injuries, such as arranging an independent medical assessment and obtaining records that demonstrate how the equipment failed.
- Calculating the full financial impact of your workplace accident, particularly where your injuries prevent you from returning to your previous role.
- Obtaining specialist evidence where liability is disputed, helping establish whether the accident was caused by a defect in the equipment rather than user error.
- Managing your claim from start to finish, negotiating with your employer’s insurers and working to achieve a fair settlement while keeping you updated throughout the process.
Whether you’re ready to start a claim or simply want to understand your options, Legal Helpline’s advisors are here to support you. Get in touch today for a free, no-obligation conversation about your accident, and if your circumstances suggest you could have a claim, they’ll help you take the next step with confidence.
Can I Make A Defective Work Equipment Claim On A No Win No Fee Basis?
Yes, you can make a defective work equipment claim on a No Win No Fee basis if a solicitor from our panel believes your case has reasonable prospects of success. Our panel specifically works under a Conditional Fee Agreement (CFA), which allows eligible claimants to pursue compensation without paying solicitor’s service fees upfront.
You also will not need to pay for the solicitor’s services while the claim is ongoing or if it is unsuccessful. If your claim succeeds, a success fee will be deducted from your compensation. This fee is agreed before your claim begins and the percentage is subject to a legal cap.
If you’ve been injured because faulty work equipment let you down, there’s no need to face the claims process alone. Contact Legal Helpline today to speak with one of our friendly advisors for free, no-obligation advice about your circumstances. If you have valid grounds to claim, they’ll quickly connect you with a specialist solicitor from our panel who can start working towards the compensation you deserve while you concentrate on your recovery.
- Call on 0333 0000729
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More Information
Read more of our guides:
- Learn about claiming as a part-time employee.
- See if you could claim for a self-employed accident at work.
- Guidance on subcontractor accident claims.
Resources:
- Guidance on workplace equipment and machinery from the Health and Safety Executive (HSE).
- Information on providing and using workplace equipment safely from the HSE.
- A list of injuries and conditions from the NHS.
Thank you for reading our guide on how to make a defective work equipment claim.