How To Get Started With A Defective Work Equipment Claim

By Olivia Zahir. Last updated 24th February 2021. Welcome to our guide to making defective work equipment accident claims. As an employee, it is within reason to expect your employer to supply you with the necessary tools and equipment to complete your daily tasks. From providing appropriate training to personal protective equipment (PPE), all employers have a duty of care to keep their staff safe at all times. But what happens when there is a breach in this duty? If somebody suffers an injury, they may be able to claim due to being given defective equipment. 

Defective work equipment accident claims

Defective work equipment accident claims

If you have suffered an injury at work in circumstances that would have been avoidable had the correct safety measures and precautions been taken, then you could pursue a personal injury claim. In this guide, we will look at how a personal injury lawyer could help support you through the claims process on a No Win, No Fee basis and secure compensation on your behalf.

To see if you’re able to claim for injuries caused by faulty equipment, please contact us to speak with a friendly adviser under a free, no-obligation consultation. Call us today on 0161 696 9685.

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A Guide To Defective Work Equipment Accident And Injury Claims

All employers owe a duty of care to their employees under the Provision of Use of Work Equipment Regulations (PUWER) 1998. This legislation ensures, among other principles, that reasonable steps are taken in line with health and safety regulations to protect staff from various workplace accidents, such as those involving potentially dangerous equipment at work.

Further, the legislation also requires employers to conduct regular risk assessments and inspections of all tools, machinery and other such workplace equipment that staff use both on and off-site. If these health and safety regulations are not upheld, it could lead to a serious injury which is when you may be able to claim compensation. 

To minimise hazards, employers should seek to:

  • Conduct regular maintenance of all equipment.
  • Repair, replace or dispose of all dangerous or faulty equipment at work.
  • Train all employees adequately to use equipment safely.
  • Educate employees on the risk(s) each piece of equipment poses to their health and well-being.

If you have suffered an injury due to using defective equipment at work, you may be able to claim compensation. To learn more about defective equipment claims or to see if you’re eligible to claim, contact us for free using the above details. 

How Can You Be Injured By Faulty Equipment At Work?

As mentioned above, employers must uphold a variety of principles to minimise the risk of accidents occurring. If a piece of equipment does not perform to the standard it should or it simply does not work, it may be considered defective. Therefore, a faulty equipment at work accident is an incident which could be caused by an employer not repairing, replacing or removing such hazards.

Various statutes impose responsibilities upon employers to uphold health and safety concerning work equipment. One important piece of legislation that establishes health and safety requirements is the Employer’s Liability (Defective Equipment) Act 1969.  This statute holds employers to strict liability for injuries that result from defective work equipment.

The term “work equipment” can encompass a wide range of tools and machinery, such as:

An employer needs to maintain all equipment to regulatory standards, even if the equipment is not at the workplace itself, such as tools for jobs at customers’ home addresses. If you have injured yourself because they have not done this, you may be able to make a faulty equipment injury claim. To see if you can make a compensation claim, contact us for free using the above details. 

Defective Work Equipment Electric Shock Injuries

One of the most common causes of electrical shock injuries is faulty equipment. An electric shock can result in a serious injury, depending on the voltage of the equipment. In more severe cases, a faulty work equipment accident involving electricity could even result in death.

A low-intensity shock, usually of around 50 volts, could cause a range of injuries, such as:

  • Burns
  • Muscle spasms
  • Scarring
  • Spinal injuries
  • Irregular heartbeats
  • Cardiac arrest
  • Brain injury
  • Tissue necrosis
  • Dislocated joints
  • Bone fractures

The above list is not exhaustive, an electric shock accident could lead to a plethora of injuries, some of which may be long-term and life-threatening. Working in certain occupations may make you more at risk of needing to make defective equipment claims. Such occupations include, for example, electricians, construction workers, hairdressers, interior decorators and maintenance workers.

If you have suffered an electric shock injury as a result of faulty equipment, contact us to see if you can make a compensation claim using the above details.

Defective Work Equipment Burn Injuries

Workplace equipment can overheat and expose employees to burn injuries when it is faulty, overused or poorly maintained. It is the responsibility of your employer or the manufacturer to ensure every piece of equipment is safe to use. If there is a fault with the design, wiring or other such areas, then one of these parties could be held liable for any injuries that result from neglect and poor maintenance.

In addition to this, if an employer fails to provide their staff with the correct PPE to carry out their tasks and the employee suffers as a result, defective work equipment accident claims could be made against them. A personal injury solicitor can provide you with impartial advice on such matters.

To see if you can claim for injuries caused by faulty equipment at work, contact us for free using the details at the top of this article. Alternatively, please read on to learn more about how much compensation you could receive.

Defective Work Equipment Soft Tissue Injuries

A soft tissue injury which results from faulty equipment could cause damage to the tendons, ligaments and muscles in the body. These types of injuries typically derive from a strain or sprain which develops from overuse of the body during work. 

The employer must minimise the risk of sprains during work by providing staff with suitable equipment that meets minimum health and safety standards. If such equipment is not held to the appropriate standard and staff suffer a soft tissue injury as a result, then a claim for work injury compensation could be made.

It’s important to bear in mind that you need sufficient evidence showing that your injury was caused by negligence to make a faulty equipment injury claim. To learn more about making a compensation claim, please read on or contact us for free.

Further Defective Work Equipment Accidents And Injuries

In addition to the types of accidents already listed in the sections above, there are several more accidents which could arise from employer negligence. Some examples may include becoming trapped inside factory machinery equipment or crushed by a defective platform. Other types of injuries that could be sustained include:

  • Crush Injuries: Injuries which involve any area of the person becoming crushed by a piece of defective equipment.
  • Back Injuries: A piece of faulty equipment (such as a ladder) could cause a person to fall from a height.
  • Permanent Disability: Depending on the severity of the accident, the victim could be left with a permanent disability. Examples of this include paralysis or amputation. As explained below, you could make a compensation claim for the financial losses caused by the injury as well as the negative impact of the injury itself.  
  • Fatal Injuries: In the most severe cases, the result of a defective work equipment accident could be death. If the person who has passed away was a loved one, you may be able to make a faulty equipment injury claim due to their fatal injury. 

It’s important to understand that while there may be similarities between cases, no two claims are the same. It doesn’t matter if your circumstances are not included in this guide. Therefore, we recommend all potential claimants to discuss their circumstances with one of our advisors. They could help them determine quickly and simply if they can claim for injuries caused by defective equipment. 

How to make a defective work equipment claim

Making a defective work equipment claim

Defective Work Equipment Injury Compensation Calculator

You may be wondering, “How much compensation could I receive from a defective equipment injury claim?”

For faulty equipment claims, a settlement package may consist of two heads of claim: general damages and special damages. We’ll come onto special damages in the next section. General damages are designed to compensate you for the physical and psychological pain, suffering and loss of amenity inflicted by the injury. The table below demonstrates compensation amounts for general damages. How much you may receive depends on the severity of your injuries.

These figures have been taken from the latest version of the Judicial College Guidelines (JCG). These guidelines are used by solicitors to determine how much your injury could be worth in a compensation claim.

Back InjurySevere£85,470 to £151,070The most severe of back injuries will display significant damage to the spinal cord, nerve roots and other such areas which lead to a combination of serious consequences. For example, the individual will experience incomplete paralysis and significant impairment to bladder, sexual function and bowel, among other areas.
Back InjuryModerate£26,050 to £36,390Any residual disability of less severity than that of the bracket above will qualify for an amount within this bracket. This could include, for example, cases of compression/crush fractures of the lumbar vertebrae.
Back InjuryMinor£7,410 to £11,730The extent of a minor back injury will leave the individual with short term acceleration and/or exacerbation injuries. However, a recovery (or at least to a nuisance level) will be made within 2 to 5-years without surgical intervention.
Hand InjuryTotal/Effective Loss Of Both Hands£132,040 to £189,110An injury of this severity will result in such extensive damage that the hands will be little more than useless. The highest point of this bracket will apply to injuries whereby no effective prosthesis can help.
Hand InjurySerious Damage To Both Hands£52,310 to £79,360This injury will give rise to permanent cosmetic disability and, as a result, the victim will have a severe loss of function.
Hand InjuryTotal Or Effective Loss Of One Hand £90,250 to £102,890One hand will suffer a severe crush injury and thereafter will require surgical amputation or, in some cases, traumatic amputation to most of the palm and fingers.
Leg InjuryThe Most Serious Injuries Short Of Amputation£90,320 to £127,530Although these injury types do not involve amputation, they are of such severity that the courts award damages of a similar level.
Leg InjuryVery Serious£51,460 to £85,600The victim will suffer serious issues with mobility and require extensive treatment. There will be a need for crutches, or other such mobility aids, and the individual could be left with serious deformity too.
Leg InjurySerious£36,790 to £51,460It is likely a serious compound fracture of this nature will result in instability and treatment will prolong over a lengthy period. During this period, it won’t be possible to bear weight nor avoid extensive scarring.

While you can use an online personal injury claims calculator to acquire a general estimate of your potential damages, you could receive a figure more relevant to your unique circumstances by speaking with an adviser from our expert team.

Special Damages When Claiming For Injuries Caused By Faulty Work Equipment

Special damages are intended to compensate you for any financial losses or expenses that may have occurred as a result of the injury. For example, if you were put out-of-pocket by medical costs, travel expenses or even lost out on earnings, you could claim these back as expenses.

How To Claim For An Accident Caused By Defective Work Equipment

If you suffered an avoidable injury because of defective work equipment, you should look to take some important steps which could increase your chances of receiving compensation. These include:

  • Seek Medical Attention: Regardless of how minor your injuries may seem, it is important to receive treatment. This will also prove useful evidence down the line.
  • Gather Evidence: When we talk about “evidence”, we are referring to anything that may serve as proof of the incident and hold the party responsible. For example, this could include CCTV footage, accident logbooks, photographs of the accident scene and the cause. You could gather video evidence of the scene too.
  • Witness Details: While you cannot take statements from the witnesses yourself, you can take their contact details for a solicitor to use at a later date.
  • Report The Accident: A formal report of the accident to your employer is important as a record will be held in an official accident book.
  • Speak With A Legal Adviser: An important step you can take is discussing your circumstances with a legal expert. You could speak to a Legal Helpline adviser who will assess your case for free under a no-obligation consultation.

Why Choose Legal Helpline For Your Claim?

Our panel of expert solicitors has thirty years of experience in helping victims of third-party negligence secure settlement amounts through personal injury claims, including accidents at work. Your legal adviser will help you gather as much supporting evidence as possible to strengthen your claim and will provide you with regular updates about your claim via email, telephone and post. You can rest assured in the knowledge that they will strive to do all they can to recover the most compensation possible for you. 

All the advice on defective work equipment accident claims that you receive will be impartial with your best interests in mind. Before you begin your claim, however, an expert from our team will assess the validity of your claim under a free, no-obligation consultation. They could even begin working on your claim that day.

No Win No Fee Claims For Injuries Caused By Defective Work Equipment

If you suffered an injury at work following faulty work equipment, a personal injury solicitor could help you pursue a defective work equipment claim on a No Win, No Fee basis. Under this agreement,  if your personal injury solicitor is unable to secure compensation for your injury at work, you will not be held accountable for their fees.

In addition to this, your solicitor will not expect any fees upfront or during the claim, significantly reducing the financial risk associated with beginning a claim for a personal injury at work.

If your No Win No Fee claim is successful, your solicitor will take a portion of your compensation to cover the costs of their legal fees. This is called a success fee and is legally capped. Furthermore, the proportion of compensation they take is agreed upon before they begin working on your faulty work equipment claim. 

Start A Defective Work Equipment Claim

It couldn’t be easier to begin your claim today. Use one of the contact methods below to discuss your unique circumstances with a specialist from our team. We can assess the validity of your claim under a free, no-obligation consultation. We can determine in one phone call if you’re able to claim for injuries caused by faulty or defective equipment. 

Related Information on Defective Work Equipment Claims

Risk At Work – Personal Protective Equipment (PPE)
This guide explains the health and safety obligations your employer has regarding PPE and how explains how the use of it can prevent accidents at work.

Lifting Operations And Lifting Equipment Regulations 1998 (LOLER)
What regulations place duties on people and companies who operate lifting equipment.

The Personal Protective Equipment At Work Regulations 1992
UK legislation regarding regulations for personal protective equipment (PPE) at work

Provision And Use Of Work Equipment Regulations 1998 (PUWER)
Information on PUWER regulations by the Health and Safety Executive (HSE)

Thank you for reading our guide to making defective work equipment accident claims.

Guide by HS

Edited by REG