Machinery Injury Claims
Workplace injuries caused by machinery are amongst some of the most common work-related accidents dealt with by solicitors. Due to the dangerous nature of industrial…
Read moreInjured 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.
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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 470 0474 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.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
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.
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:
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.
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 470 0474 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.
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.
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:
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 470 0474. Alternatively, you can arrange a call back by entering your details into our online claim form.
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:
After your solicitor has everything they need to support your claim, they will contact the defendant and start legal proceedings.
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:
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.
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:
If your employer or a product manufacturer was at fault for your injury, you could make a faulty equipment claim.
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 injuries, arm 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:
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.
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:
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.
As mentioned above, there are some circumstances in which you may be able to claim on behalf of a loved one, such as:
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:
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:
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.
If you would like to find out if you have a valid claim, call 0800 470 0474 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.