Injured due to faulty work equipment?
If you have suffered an injury at work due to faulty or defective work equipment, you could be entitled to make a no win no fee accident compensation claim.
How Much Could You Claim?

Defective Work Equipment Claims

All employees throughout the UK should be provided with a safe work environment that is free from unnecessary risks and dangers. It is an employer’s legal obligation to ensure that they carry out thorough risk assessments of the workplace. They also have a duty of care to ensure that you are provided with the correct work equipment to carry out your duties, and that this equipment is maintained in good working order.

Faulty equipment is the cause of many workplace injuries, and these types of accidents can occur within all industries and across all professions. Whether you work in a hair salon, a factory, an office or on a building site, it is likely that you will use some form of work equipment. If this equipment is not properly maintained, is not suitable for the task at hand, or you are not provided with the necessary training, it can lead to accidents and injuries.

If you have suffered an illness or injury as a result of using defective work equipment, you may be entitled to make a claim for compensation. Personal injury solicitors have helped thousands of people from all over the UK claim compensation for workplace accidents. They can provide you with a no win no fee* service. So making a claim with the help of a solicitor will not put you at any financial risk. If they cannot win your claim, you won’t pay your solicitor a penny.

To find out more information about making a defective work equipment claim, speak to a trained legal adviser today by calling free on 0800 032 3660 or using our online claim form to arrange a call back. You will be provided with a free consultation, which has no obligation attached and is a great opportunity for you to ask any questions you have about your legal rights.

What is classed as work equipment?

The term ‘work equipment’ can be used to describe any tools, machinery, appliance, device or apparatus that is provided to employees to use during the course of their work. The definition, therefore, has an extremely wide scope under UK law.

As well as covering equipment used on company premises, any tools or equipment used on customer premises is also covered by the definition. This therefore includes tools used by tradespeople for example, such as electricians, plumbers, builders, etc.

Protection against defective work equipment at work

Several different health and safety laws place legal obligations on employers to provide and maintain safe equipment in the workplace. Some regulations are specific to certain types of equipment, such as the Lifting Operations and Lifting Equipment Regulations 1998 and the Personal Protective Equipment at Work Regulations 1992.

The Provision and Use of Work Equipment Regulations 1998 (PUWER) applies to most equipment used in the workplace. To satisfy these regulations, all employers must do the following:

  • ensure that any work equipment provided is suitable for the job intended and is safe to use
  • ensure that workers are provided with the necessary instructions and training to use tools, machinery and equipment safely
  • ensure that equipment is installed correctly and maintained in a safe condition
  • provide suitable protective devices such as safety guards, warning signs and emergency stop controls (what is deemed appropriate will depend on the type of equipment)

If a company fails to meet the requirements set out in PUWER or any of the other health and safety laws, and an employee sustains injuries as a result, the company can be held responsible and be made to pay compensation for the pain, suffering and losses caused.

Am I eligible to make a faulty work equipment accident claim?

Being injured in an accident at work doesn’t automatically mean you are entitled to receive compensation. To make a claim under personal injury law, there are criteria that a claimant must be able to meet. The first requirement is that any claim must be made within three years from the date of the accident.

The second requirement for making a claim is to show that you have suffered an injury or injuries as a result of the accident. The type of injuries caused by faulty equipment can range from cuts, bruising and burn injuries through to broken bones, acoustic shock, back injuries and amputations. In extreme cases, these accidents can even be fatal. Evidence of your injuries will be provided by examining your medical records.

The third requirement is demonstrating that your employer was at fault for your accident. This is usually the most difficult part to prove and will rely upon your solicitor gathering evidence to support your claim.

The injury solicitors we work in partnership with have helped many people make successful claims for injury caused by the use of defective machinery in the workplace. If you believe that you have suffered an illness or injury because your employer has not observed their legal duty in maintaining and supplying safe and legally compliant machinery and equipment, call 0800 032 3660 to find out if you have a valid claim. You will be provided with a free, no-obligation consultation where a friendly legal adviser will assess the details of your case and provide realistic guidance on your eligibility to make a claim.

How do I make a work accident claim?

To find out if you have a valid personal injury claim, the first step to take is contacting a solicitor for a free consultation. This is provided with no obligation to proceed, and is a great opportunity for you to ask questions and received some free legal advice. The consultation will be conducted over the phone and will take no more than 10 to 20 minutes in most cases.

If you do have a valid claim and you want to proceed, the next stage is to instruct your solicitor. This is not as daunting as it sounds and is simply a case of signing some paperwork to give your solicitors permission to work on your behalf. This paperwork is a conditional fee agreement, which is more commonly known as a No Win No Fee agreement.

Once the signed paperwork is received, your solicitor will then be able to start the process of making your defective equipment claim. This will include gathering evidence to support your case, such as any photographs of the faulty work equipment, accident logs, witness statements and medical records.

The details of the claim will be sent to your employer and the insurance company that provides their employer’s liability insurance policy.

If liability for the accident is accepted, your solicitors will then begin the process of negotiating a compensation settlement. This will take into account the type of injury you sustained, the severity of the injury and your financial losses.

Once an agreement has been reached, you will then receive your compensation payment, and the case will be closed.

If your employer denies liability, thinks you were partly to blame, or an agreement on damages cannot be reached, the case could be taken to court. However, it is worth noting that over 95% of personal injury claims are settled without court involvement.

Your solicitor will keep you updated throughout the entire process and will work hard to ensure you receive the compensation you are entitled to.

What jobs are at risk of injuries from unsafe work equipment?

Virtually every sector and industry across the UK uses various types of equipment at work, such as drills, scaffolding, computers, or coffee machines, to name a few. However, some jobs are more at risk of injuries from unsafe work equipment, such as:

  • Construction workers use a variety of heavy machinery, power tools, and equipment, making them susceptible to injuries if these are defective or not properly maintained;
  • Employees working in manufacturing and factories operate machinery and tools, putting them at risk if the equipment malfunctions or lacks proper safety features;
  • Workers in warehouses and logistics may use forklifts, conveyor systems, and other equipment that increases the risk of workplace accidents;
  • Electricians work with electrical tools and equipment, making them vulnerable to electrical shocks or burns if the equipment is faulty;
  • Farm workers use various machinery and equipment, such as tractors and combine harvesters, and may be at risk if these are not adequately maintained or lack safety features;
  • Miners use heavy machinery and tools underground. Equipment malfunctions in this environment can lead to serious accidents like collapses or explosions;
  • Landscapers and gardeners who work with equipment, such as lawnmowers and trimmers, may be in danger if the equipment malfunctions.

These are just a few of the occupations that are at risk of injuries from faulty work equipment. If you were injured doing your job, do not hesitate to contact a solicitor to find out if you can make a defective work equipment claim by calling 0800 032 3660. Alternatively, you can arrange a call back by entering your details into our online claim form.

What evidence do I need to make a faulty equipment claim?

Your solicitor will need as much evidence as possible to make a claim for an accident at work. They will assess all the proof you already have and help you gather any further documents you need to make a successful accident at work claim. These could include:

  • Medical records that state the type and extent of the injuries you suffered due to faulty equipment in the workplace;
  • A report from a specialist regarding the long-term effects and care needs you should expect because of your injuries;
  • Pictures of any visible wounds and your recovery process;
  • Photographs or videos of the accident scene, capturing the unsafe work equipment before anything is repaired or replaced;
  • Statement from witnesses who saw the faulty equipment you used or the accident scene and can corroborate your version of the events;
  • Maintenance and inspection records for the equipment involved;
  • CCTV footage of the accident if it was captured on camera;
  • A signed copy of an accident report you should have filed with your employer to prove the date, time and location of the incident;
  • Expert opinions from engineers or safety specialists who can evaluate the faulty equipment and state how it caused your workplace injury;
  • Your notes about how the accident occurred and how it has affected your life;
  • You should also keep all the evidence of your financial losses and expenses, such as receipts, invoices and pay slips.

After your solicitor has everything they need to support your claim, they will contact the defendant and start legal proceedings.

What accidents could defective equipment cause?

Unsafe work equipment can pose significant risks to the safety and well-being of employees. It can lead to accidents and injuries ranging from minor harm to severe or even fatal incidents, and they include:

  • Electrical shocks from faulty wiring or malfunctioning machinery;
  • Entanglement, crushing, or limb amputation from defective machinery or equipment that can malfunction suddenly;
  • Falls from height due to defective ladders, scaffolding, or personal protective equipment like safety harnesses;
  • Collapses due to structural defects in buildings, platforms, or other installations;
  • Explosions and fires from malfunctions in industrial machinery, electrical systems or electronic devices;
  • Chemical exposures due to equipment failure in workplaces dealing with hazardous substances;
  • Vehicle accidents because of defective parts in work vehicles such as forklifts that can lead to tip-overs, collisions, or falling loads;
  • Exposure to excessive noise due to faulty or malfunctioning noise control equipment;
  • You could also suffer vibration injuries from defective tools or equipment that produce excessive vibrations.

Employers must regularly inspect, maintain, and replace defective equipment to ensure a safe working environment. They should also give employees proper training on equipment use and encourage them to report defects or concerns promptly. If their negligence led to an accident at work, you might be entitled to make a personal injury claim against them.

Common injuries caused by faulty equipment in the workplace

A compensation claim can arise from various injuries, ranging from minor to severe. The specific injuries depend on the type of equipment, the nature of the work, and the circumstances of the incident and may include:

  • Cuts and lacerations. These can be due to defective blades, saws, or cutting tools or machinery with sharp edges.
  • Bruises and contusions. These injuries are generally not that severe and can be due to falls, vehicle accidents and other situations caused by faulty equipment.
  • Fractures. Collapses, faulty protective equipment and other situations can lead to broken bones, some of which may have long-term effects on mobility.
  • Burns. Faulty electrical equipment, poor wiring, or malfunctioning heating parts can cause burns if there is a sudden release of heat or electrical sparks.
  • Amputations. Machinery without proper safety guards or features may cause amputations if body parts get caught in moving parts.
  • Crush injuries. Unexpected movements or collapses of heavy machinery can result in crush injuries if you are caught or trapped.
  • Eye injuries. Faulty tools or equipment may release particles or debris, causing eye injuries if you are not wearing appropriate eye protection.
  • Respiratory issues. Personal protective equipment failures in environments with toxic substances can lead to respiratory problems if you inhale harmful fumes or dust.
  • Hearing loss. Faulty noise control equipment can contribute to excessive noise levels, leading to hearing damage.
  • Vibration injuries. Defective tools or equipment that produce excessive vibrations can result in conditions such as vibration white finger (VWF).
  • Head and brain injuries. Equipment malfunctions may lead to falls, collapses, or impacts and can result in head and brain injuries.
  • Back injuries. Falls, defective lifting equipment, workstations that lack proper ergonomic design and other incidents may lead to back and spinal cord injuries.
  • Psychological injuries. Traumatic events involving faulty equipment can also cause psychological injuries, including anxiety or post-traumatic stress disorder (PTSD).

If your employer or a product manufacturer was at fault for your injury, you could make a faulty equipment claim.

How much compensation can I claim for an injury caused by faulty work equipment?

The amount of compensation you are awarded for successfully making a claim against your employer will depend on the specifics of your case. It will take into account the type of injury you have suffered, how severe the injury was and whether you have any ongoing medical issues. This element of the compensation award is referred to as general damages.

You can use our compensation calculator to get a ballpark figure based on the type of injury you sustained. As you will see, there are minimum and maximum amounts for injuries of varying severities to different parts of the body. With claims for accidents caused by faulty work equipment, the most common injuries include hand injuriesarm injuries and injuries to the thumb and fingers.

These are the guidelines for general damages that are recommended by the Judicial College. Although not legally binding, these are followed by solicitors, insurers and the courts in most circumstances.

As you would expect, the more severe the injury is, the greater the recommended compensation amount will be.

Calculated separately from the injury is what is known as special damages. This is an amount of damages based on your financial losses that are related to your accident and injury. In many cases, the amount awarded for special damages can exceed the amount awarded for the pain and suffering of the injury itself.

When determining how much you are entitled to claim for special damages, your solicitor will take into account the following:

  • Have you had to take time off work? If so, have you lost earnings?
  • If the effects of your injury or illness are ongoing, will you continue to lose earnings as a result of this?
  • Have you had to pay for any transportation due to your injury? For example, if you were unable to drive following your accident, you may have paid for taxis or bus fares to get to work or doctor appointments.
  • Have you had to pay for prescriptions to receive medication such as painkillers?
  • Have you paid for any rehabilitative treatment to help aid your recovery, such as physiotherapy for example?

The above points are just a handful of the potential losses that will be taken into account. Your solicitor will ask you a number of questions to get a full picture of how you have been left out of pocket as a result of the accident and your employer’s negligence.

Time limits to make a defective work equipment claim

The time limit to make a personal injury compensation claim is typically three years after an accident caused by faulty equipment. This limit is imposed by the Limitation Act 1980, and there are several exceptions to it:

  • If you developed an injury over time or it did not become apparent immediately after your accident, you have three years to claim from the date of knowledge. That refers to when you received a diagnosis and realised it was due to unsafe work equipment.
  • If you were under 18 at the time of injury, the time limit only begins to run from your 18th birthday. You therefore have until turning 21 to start a claim.
  • If the injured person cannot conduct legal proceedings due to a brain injury or another condition that affects their mental capacity, there is no time limit. A litigation friend could claim for them at any time.
  • If you lost a loved one due to faulty equipment in the workplace, you could claim compensation within three years of their death.
  • If you had an accident while working abroad, the time limit to claim may depend on the particular country you were working in and could be shorter than three years.

Regardless of your circumstances, the best thing to do is seek legal advice as soon as possible, as your solicitor will usually need at least a couple of months to build your case. That will also ensure you and any witnesses remember all the details about the incident to maximise your chances of success.

Can I claim on behalf of a loved one?

As mentioned above, there are some circumstances in which you may be able to claim on behalf of a loved one, such as:

  • They are under 18 and suffered an injury while working part-time or on work experience
  • They are a protected party under the Mental Health Act 1983 and do not possess the capacity to conduct legal proceedings
  • They have passed away due to faulty equipment at work

To claim on behalf of a child or protected party, you must apply to the court to be named as their litigation friend. Your solicitor will help you fill out and file all the necessary documents. Before appointing you, the court will verify you can make decisions about the case fairly and competently and that you have no conflict of interest with the claimant.

The claims process will be the same as any other defective work equipment claim. You will help your solicitor gather evidence to support your case and will have several other responsibilities, such as:

  • Attend court hearings
  • Deal with correspondence and sign legal documents
  • Pay any fees requested by the court
  • Make decisions about the case
  • Consult with solicitors and take legal advice
  • Consider any compensation offers from the other side

If a loved one has passed away, you could start a faulty equipment claim if you are classed as their dependent. Under the Fatal Accidents Act 1976, you could claim the following:

  • Financial benefits expected from your loved one, such as lost wages, bonuses, pensions and other sources of income;
  • The loss of services they provided in the household, such as childcare and DIY projects;
  • Reasonable funeral expenses, such as the cost of transporting the body to the grave and wreaths;
  • The financial losses incurred by your loved one between the accident and the date of death, such as medical bills and lost earnings;
  • You may also be entitled to a bereavement award of £15,120 for your grief and suffering.

No Win, No Fee – No Risk

If you have suffered an injury at work due to faulty or defective equipment, such as machinery or tools, contact a solicitor today. With the benefit of a 100% no win no fee service, you can make your claim without being under any financial risk.

In a nutshell, the term no win no fee is used to describe what is technically called a conditional fee agreement. This document instructs the solicitor to work on your behalf and details the terms and conditions of the agreement.

If the claim against your employer is lost, you won’t be expected to pay any legal fees. If the case is won, your solicitor will be paid a success fee, which is a pre-agreed percentage that is taken out of the compensation awarded. This fee will be discussed during your initial consultation and cannot be any more than 25% of your compensation.

Get a free case assessment

If you would like to find out if you have a valid claim, call 0800 032 3660 today to arrange a free case assessment. You will be asked a few questions by a fully trained legal adviser to help them understand how the accident happened, when it happened and what type of injury was caused. This is also a chance for you to ask any questions you may have about the process, how much compensation you may be entitled to or the no win no fee policy.

* Personal injury claims are offered on a no win, no fee basis. If your claim is successful, your solicitor will receive up to 25% of your compensation as their success fee. Any additional costs, such as legal protection insurance, will be clearly explained to you by your solicitor before you decide to proceed with your claim. Termination fees may apply if you fail to cooperate with your solicitor. This includes deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing.