By Danielle Griffin. Last Updated 27th July 2023. Have you recently suffered a defective machinery injury at work? Has your employer failed to perform regular maintenance on the equipment at your workplace? If so, this guide could help you understand whether you’re eligible to make a personal injury claim.
Additionally, we will look at instances of how you could be injured due to defective or broken machinery at work and the injuries you could sustain.
Furthermore, we will discuss the potential compensation you could be awarded following a successful claim and how it can address the impact your injuries have had on your quality of life.
Please continue reading for more information. Alternatively, if you would like to speak to someone about your potential accident at work claim, our advisors are on hand to help you. Our friendly team is available 24/7 to offer you free legal advice and answer any questions regarding your potential claim.
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- What Is A Defective Machinery Injury?
- Types Of Defective And Broken Machinery Injury Claims
- Who Is Responsible For Equipment And Machinery Used In The Workplace?
- Can I Make An Accident At Work Claim?
- How Do I Claim For A Defective Machinery Injury?
- Examples Of Broken Machinery Injury Payouts
- Talk To A Solicitor Today
Defective machinery is any equipment that is not safe or suffers from any manufacturing, designing or instalment defects that could make it unsafe to use. If a piece of work machinery is defective, there is the potential that you could become harmed.
To make a claim for a defective machinery injury, you will need to prove that you were injured because your employer breached their duty of care to you. This is known as negligence.
We will discuss the responsibilities your employer has as part of their duty of care in more detail throughout this guide. Call our advisors today for more information on whether you could claim if you were injured due to dangerous machinery at work.
There are various ways someone could sustain a defective machinery injury, such as:
- Lack of risk assessments: Your employer may have failed to carry out regular risk assessments to ensure any machinery or other equipment is safe to use for it’s intended purpose. As a result, you use a piece of machinery that is defective and causes you to sustain harm.
- Failure to address hazards: Your employer may have carried out a risk assessment on the machinery and found several hazards that posed a risk of harm. However, they failed to address these hazards leading to you experiencing harm while using the machinery.
Additionally, there are different types of injuries that you could sustain as a result of a defective piece of equipment at work. Examples include:
- Breaks and fractures – e.g. broken wrist, broken nose, or a broken kneecap.
- Sprains and strains – e.g. a sprained ankle.
- Crush injury.
- Loss of sight.
Contact our advisors today for further guidance on making a workplace injury claim.
Your employer owes you a duty of care whilst in the workplace, as stated in the Health and Safety at Work etc. Act 1974. Per this duty of care, they must ensure they are taking all reasonable steps to remove or reduce the risk of you sustaining harm in the workplace. This includes ensuring that all necessary workplace machinery is in good working condition.
The Provisions and Use of Work Equipment Regulations 1998 (PUWER) sets out more specific responsibilities an employer has with regards to equipment in the workplace. It states that any equipment your employer provides for work use must be suitable for its intended purposes and be maintained in a safe condition. Employers should also ensure they manage the risks posed by any equipment.
If an employer breaches their duty of care, and you are caused harm, you may be able to seek compensation for a defective machinery injury.
How Common Are Defective Machinery Injuries?
The Health and Safety Executive provide statistics on workplace injuries based on reports made to them by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
- 1,860 were sustained due to contact with moving machinery
- 5,117 were sustained due to being struck by a moving, flying or falling object
- 1,079 were sustained by being struck by a moving vehicle
- 177 were sustained by being trapped by something collapsing or overturning
- 102 were sustained due to contact with electricity or electrical discharge
In order to be eligible to make an accident at work claim, you must be able to prove that employer negligence occurred. This means that you must have evidence that shows:
- You were owed a duty of care by your employer.
- A breach in this occurred.
- You suffered an injury at work because of this breach.
As we stated above, you are owed a duty of care under the Health and Safety at Work etc. Act. As part of this duty, your employer should adhere to the PUWER. Section 5 of the PUWER states that every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair. Additionally, they need to ensure that if there is a maintenance log for the machinery, that this is kept up to date.
If they fail to adhere to these regulations and you are injured by defective machinery at work, you might be eligible to claim compensation. We’ll look at what evidence you could submit in the next section. If you have any questions about whether you could claim for an injury caused by a broken work tool, get in touch with an advisor.
Evidence is important when pursuing a personal injury claim for a defective machinery injury. Potential evidence that could help support your claim includes:
- Any CCTV footage of the accident.
- A copy of the report made in the accident report book.
- Contact details of any witnesses.
- A copy of your medical records stating your diagnosis and any treatment needed for your injuries.
In addition to collecting sufficient evidence, you must ensure that your claim is started within the relevant time limit. As stated in the Limitations Act 1980, the time limit to start a personal injury claim is generally three years from the date of the accident or the date you connected your injuries to negligence. However, there are exceptions that could be made in some circumstances.
Another step you could take after sustaining harm in the workplace is to seek legal advice. You can call our team and they can provide free legal advice about your potential claim. They can also assess whether your claim is valid and whether one of our solicitors could represent your case.
If you make a successful defective machinery injury claim, your settlement could be divided into two heads of claim. These are:
- Special damages – This head aims to compensate you for the financial losses your injury has caused you, both past and present. These can include lost wages, travel expenses and paying for medical treatments. You must provide evidence of these losses, such as invoices and receipts.
- General damages – This head aims to compensate for the mental and physical pain and suffering that you have experienced due to your injuries. There is also consideration given to how your quality of life was impacted.
We have created the following compensation table using the guideline compensation amounts listed in the 16th edition of the Judicial College Guidelines (JCG).
Solicitors can use the JCG to help them value general damages. However, other factors are considered when valuing your injuries, such as future prognosis, severity and recovery time. As such, you should only use the figures listed as a guide because your actual settlement will differ.
|Injuries Affecting Sight
|(b) The person becomes completely blind in both eyes.
|In the region of £268,720
|Injuries Affecting Sight
|(c) (i) The person is completely blind in one eye, and the other eye has reduced vision and is at serious risk of it deteriorating further.
|£95,990 to £179,770
|Amputation of Arms
|(b) (i) One arm is amputated at the shoulder.
|Not less than £137,160
|(a) Amputations (iv) One leg is amputated below the knee.
|£97,980 to £132,990
|(c) The hand is totally or effectively lost.
|£96,160 to £109,650
|(b) One foot is amputated.
|£83,960 to £109,650
|(a) The wrist has completely lost its natural function.
|£47,620 to £59,860
|(b) Severe – The ankle is unstable and the person will be limited in how much they walk.
|£31,310 to £50,060
|(a) Severe – Damage to the brachial plexus, which is often associated with neck injuries and causes a significant disability.
|£19,200 to £48,030
|(d) A single penetrating wound in the chest which causes permanent tissue damage. There is no significant effect on lung function in the long term.
|£12,590 to £17,960
Call us today for more information on claiming compensation for a personal injury.
If you have suffered a defective machinery injury whilst at work, our solicitors may be able to help you by offering a No Win No Fee service.
If you are eligible, they could offer their services under a Conditional Fee Agreement. This means you are not expected to pay anything upfront to your solicitor for their services. You also don’t need to pay anything for their services if the claim fails.
For successful claims, you will pay a success fee. This amount is taken from your compensation and is subject to a legal cap.
If you still have any questions about making a personal injury claim, you can contact one of our advisors. Our friendly team are available 24/7 to answer any questions you may have concerning your specific claim.
To speak with our advisors today, you can:
Related Industrial Injury Claim Guides
For more accident at work articles:
- How to make an accident at work claim
- Accident at work claim FAQs
- Claiming compensation for stepping on a nail at work
- How to make an accident at work claim if you’re self employed
- Important things to know about accident at work claims
- How to claim if assaulted at work by a pupil
- Claiming compensation for an accident at work caused by no safety goggles
- Manual handling injury claims
- Dumper truck accident claims
- Slips, Trips And Falls At Work Claims
- How To Claim If You Tripped On Carpet At Work
- Learn How To Claim For A Slip And Trip At Work
- A Guide To Slips And Trips In Kitchens
- How to claim for an unloading injury
- Accident at work compensation examples
- Delivery lorry and van accident claims
Additional resources are available at:
- HSE – Providing and using work equipment safely
- HSE – Workers responsibilities
- GOV – Statutory Sick Pay
Speak with an advisor today to see if you can make a claim for a defective machinery injury.
Guide by MR
Edited by MMI