It is reasonable to assume that the equipment you need for your job is going to work as expected. Being harmed by faulty equipment is not only an unwelcome surprise, but something that could lead to significant complications in the short and long term. This guide to making a defective work equipment claim explains how providing working equipment can fall into the legal duty of care your employer owes.
We also discuss how you may be able to seek compensation if a failure to uphold that duty leads to an accident.
Evidence is pivotal to any workplace injury claim. We talk you through forms of proof that could help your case, before reviewing how a compensation payout can do more than account for the injuries you suffer in an accident.
Read through to the end of the guide to learn how claiming on a No Win No Fee basis with a specialist accident at work solicitor from our panel can work in your favour.
Further to this guide, you can get support and an assessment of your potential compensation claim from our dedicated team. To make the most of this totally free service, either:
- Call 0330 043 3679.
- Use our online form to contact us and leave a message.
- Ask us a question about defective equipment claims using the live chat option below.
Select A Section
- When Am I Eligible To Make A Defective Work Equipment Claim?
- What Faulty Work Equipment Could Lead To An Injury?
- How Do I Make A Defective Work Equipment Claim?
- How Much Compensation For Injuries Caused By Defective Work Equipment?
- What Are The Benefits Of Making A No Win No Fee Accident At Work Claim?
- Learn More About How To Claim For Injuries At Work
When Am I Eligible To Make A Defective Work Equipment Claim?
Employers owe their employees what is known as a duty of care. This means that, when you’re at work, your employer must do everything reasonable and practicable to ensure your safety. This duty of care is set out within the Health and Safety at Work etc. Act 1974 (HASAWA).
Providing, checking and maintaining equipment is one of the ways in which an employer can uphold this duty. They should be mindful of Regulation 5 of The Provision and Use of Work Equipment Regulations 1998, which says that they must ensure work equipment is properly maintained and kept in good repair.
All of this is important because it means you can make a defective work equipment claim against your employer if you can show that:
- Your employer owed you a duty of care, as stated in HASAWA and any other relevant legislation.
- They breached this duty of care. For example, they may have ignored health and safety regulations by providing known faulty equipment.
- This led to an accident where you suffered physical and/or psychological harm.
How Long Do I Have To Make A Defective Machinery Claim?
Due to The Limitation Act 1980, you have up to three years from when the accident happened to submit your personal injury claim.
This is the general time limit, however, exceptions to this limitation period apply to those under the age of 18 and those lacking the mental capability to handle their own proceedings.
A solicitor can help you get your accident at work case underway before the time limit expires. Just call the number above to ask about time limits and go through the benefits of working with a personal injury solicitor from our panel for your defective work equipment claim.
What Faulty Work Equipment Could Lead To An Injury?
You might work with many different types of workplace equipment, from electrical tools to heavy machinery or vehicles. Performing an effective risk assessment, maintaining equipment and ensuring it is safe to use is part of your employer’s duty of care.
The below examples show scenarios when an employer could be held accountable for a workplace accident involving defective workplace equipment:
- An employer provides old and broken goggles and gloves to employees working with corrosive chemicals. An employee suffers serious chemical burns because they have inadequate personal protective equipment and chemicals leak through.
- A warehouse manager tells their employee to use a scissor lift to move heavy boxes to high shelves, despite not performing a risk assessment after reports that the lifting equipment is faulty. The lift breaks, causing the worker to suffer spinal injuries when they fall from height and are crushed by the falling boxes.
- Despite a requirement to provide and maintain effective guarding on potentially dangerous machinery, a food production business puts insufficient safety guards on a conveyor belt. The guard snaps, and an employee working on the belt is pulled into the machine, leading to badly broken bones in their arm and crush injuries to their hand.
If you’ve been injured in a similar situation, you may be able to make a defective work equipment claim. Call the number above for a free claim evaluation, and continue reading to learn how you can use evidence to aid your potential compensation claim.
How Do I Make A Defective Work Equipment Claim?
People who make successful personal injury claims will often do so with the backing of relevant evidence. Among the forms of evidence you could collect are:
- Images showing the faulty or defective equipment and any visible injuries suffered.
- Footage of the workplace accident and its cause, such as from CCTV.
- Medical records, such as a copy of an X-ray scan.
- A copy of the entry in your workplace’s accident book or the maintenance log for the equipment involved.
- Contact details for potential witnesses.
You could start collecting evidence by yourself, but you can also instruct a solicitor to lend a hand. If you’d like more detail on how a solicitor from our panel can help you with your defective work equipment claim, just call the number at the top of this page.
How Much Compensation For Injuries Caused By Defective Work Equipment?
Presuming your faulty equipment injury claim is successful, your compensation can be split into up to two parts, known as heads of loss:
- General damages, which account for physical pain and emotional suffering that stems from a workplace injuries.
- Special damages, which cover financial damage caused directly by your injuries.
General damages are calculated during the course of the claim. Those responsible for this task can look at medical evidence for guidance. They might also use guideline compensation figures found in the Judicial College Guidelines (JCG). The JCG provides a range of compensation guidelines for a variety of injuries
Compensation Table
This table is made up using some of the JCG’s figures, except for the top line. It is only a guide and does not guarantee what your faulty equipment claim payout would look like.
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Multiple Very Severe Injuries Plus Financial Costs And Losses | Very Serious | Up to £1,000,000+ | Compensation for more than one significant injury. Additionally, the payout addresses multiple forms of monetary loss, such as a loss of earnings, medical bills or domestic care fees. |
| Paralysis | Paraplegia | £267,340 to £346,890 | Paralysis of the lower body. The presence and extent of pain are among factors deciding the award. |
| Brain Damage | Moderately Severe | £267,340 to £344,150 | An injury causing very serious disability and dependence on others. The degree of insight is one factor that affects the level of award. |
| Moderate (ii) | £110,720 to £183,190 | Cases causing a moderate to modest deficit in intellect. The ability to work is greatly reduced or removed entirely. | |
| Back | Severe (i) | £111,150 to £196,450 | The most severe spinal cord injuries or nerve root damage, leading to very serious consequences that are unusual in back injury cases. |
| Moderate (ii) | £15,260 to £33,880 | Common injuries to the back including ligament and muscle disturbance that causes backache, for example. | |
| Scarring To Other Parts Of The Body | Significant Burns | Likely to exceed £127,930 | Burns covering 40% or more of the body. Factors affecting the award include the need for surgery and the psychological impact. |
| Leg | Severe (ii) Very Serious | £66,920 to £109,290 | This bracket includes injuries that cause permanent mobility problems or where multiple fractures take years to heal. |
| Hand | Serious Hand Injuries | £35,390 to £75,550 | Injuries that, for example, reduce the hand to around half its normal capacity. |
| Arm | Injuries Resulting in Permanent and Substantial Disablement | £47,810 to £73,050 | Either a functional or cosmetic residual disability that is permanent and caused by serious forearm fractures. |
Additionally, as we previously mentioned, your compensation may also include special damages. Some examples of the costs you could be compensated for include:
- Medical expenses, such as physiotherapy fees and prescription costs.
- Care costs for at-home help.
- A loss of earnings from taking time off work.
- Travel expenses to essential medical appointments.
Numerous defective work equipment claims involve significant special damages being awarded because an injury in the workplace can have long-term effects on someone’s ability to work and live as they did before the accident.
Keep any documents detailing financial losses as they could be vital in securing compensation under this head of loss. For example, this could include payslips, bank statements and invoices.
Will I Have To Go To Court To Claim Accident At Work Compensation?
You might be wondering if you have to wait for the outcome of a lengthy court process to receive compensation for your defective work equipment injury. In certain cases, your claim may need to go to court. For example, if the defendant is denying liability or if the case is especially complex.
However, lots of personal injury claims are usually settled without them ever needing to go to court. One of the solicitors on our panel could help you claim compensation and guide you through the claiming process both outside and inside of court, if necessary. Furthermore, in some cases, they could also help with securing interim payments to help you with urgent costs while the claim is ongoing.
If you’d like to know more about how a solicitor can help prevent unnecessary delays to the claims process, just call our helpline today.
What Are The Benefits Of Making A No Win No Fee Accident At Work Claim?
One of the solicitors on our panel can help you claim compensation for a work injury under a Conditional Fee Agreement, provided you have a valid case. This No Win No Fee arrangement is designed to minimise the financial risk for the claimant, because:
- There is no upfront or running charge for the solicitor’s work.
- You pay nothing in solicitor service fees if the claim fails.
- A small percentage of your compensation, known as a success fee, is only collected when you win your personal injury compensation claim.
The percentage taken from your compensation is limited by a legal cap.
If you have any questions about making a defective work equipment claim on a No Win No Fee basis, you can call our friendly advisors today. They can also assess the eligibility of your claim and offer you free advice. Choose any of these options to connect with our team today:
- Call 0330 043 3679
- Fill in the ‘contact us’ form.
- Open the live chat tab below.
Learn More About How To Claim For Injuries At Work
Here are some further guides:
- Our claim FAQ answers questions about accident at work claims.
- We look at manual handling training and when failure to provide adequate training could lead to a compensation claim.
- If you’re wondering whether you can claim against your employer for an accident another employee caused, this guide will help.
These sources also provide useful information:
- Britain’s workplace health and safety regulator, the Health and Safety Executive (HSE), provides work accident statistics for 2022/23.
- NHS guidance on when to call 999 and seek medical attention urgently.
- Information from GOV.UK on requesting CCTV footage of yourself.
If you still have questions about making a defective work equipment claim, you can call our friendly advisors today.
