By Fern Easton. Last Updated 18th February 2021. Welcome to our guide on making a defective work equipment injury compensation claim. Have you been injured due to defective work equipment? If so, there is a very high chance that you are going to be entitled to compensation.
All employers have a legal responsibility to ensure that machinery is maintained and that all workers receive the necessary training. If this has not happened, and you have been injured as a consequence, you will be entitled to a payout.
At Accident Claims UK, our accident at work lawyers can help you to get the compensation you deserve. You can reach us on 0800 073 8801 to get started with your claim. However, don’t call us just yet, as we have plenty of information you will find useful about these sorts of cases. Read on to find out more about accident at work insurance claims for defective work equipment.
Select a section
- A guide to damaged work equipment injury claims
- Different sorts of faulty and damaged equipment in the workplace claims
- What sort of injuries can occur due to damaged equipment?
- Your employer’s responsibilities regarding work equipment
- Do you have a claim for faulty equipment?
- Employee defective work equipment claims
- Public defective work equipment claims
- The steps to take after a faulty equipment accident
- Time limits on defective work equipment claims
- The severity of your injury
- The long-term impact of defective work equipment accidents
- What damages can I claim for when making a defective work equipment injury claim?
- How much can I claim for a defective work equipment injury?
- No win no fee defective work equipment injury claims
- Why choose Accident Claims UK
- Contact our team today
- Useful links
In this guide, you will find out everything you need to know about making an injury claim for defective work equipment. This includes details on how much compensation your injury at work lawyer may be able to secure for you. You will also find details on the various sorts of faulty equipment and the injuries they can cause, as well as the steps involved when making this sort of claim, the time limit you need to be aware of, and the different damages you can secure. If you still have any queries by the time you finish reading, please do not hesitate to get in touch.
There are many different types of defective workplace equipment. The most common are as follows:
- Broken equipment
- Faulty, slow or an emergency STOP switch that does not work on conveyors or machinery with moving parts
- Equipment with temporary repairs that fail
- Machinery with missing, faulty, or disabled safety guards
There are many different injuries that can be sustained due to defective equipment. Some examples are as follows:
- Fatal injuries
- Permanent disability – Sometimes defective equipment can cause permanent disability or amputation
- Back injuries – If you have fallen from a height due to equipment issues, you may experience spinal or back injuries
- Crushing injuries – Accidents caused by faulty work equipment could crush parts of your body
If you’ve suffered from one of these injuries, or any other injury resulting from defective work equipment, then contact us today about making a defective work equipment injury compensation claim.
The law states that all employers have a responsibility to make sure that:
- Equipment stays in good working order and repair
- Protective equipment is provided if required
- Employees are protected against dangerous machine parts
- Machinery is inspected regularly
- Workers are made aware of any dangers
- Workers receive training on how to use equipment
- Faulty equipment is immediately removed until it has been replaced or repaired
When you are making a claim for defective or broken equipment, in order for your case to be a success, you need to showcase that your employer should have reasonably foreseen that the incident would have happened. In the vast majority of instances, an employer would have failed in his or her duty of care and legal responsibility to adhere to one or more of the following legal requirements:
- Appropriate training to properly operate the equipment
- A safe system of work put in place
- Routine equipment maintenance and safety inspections
- Regular risk assessments
There are a number of different laws that are in place that provide you with protection as an employee in terms of claiming against defective work equipment. This includes all of the following:
- Lifting Operations and Lifting Equipment Regulations (LOLER) 1998
- Provision and Use of Work Equipment Regulations (PUWER) 1998
- Electricity at Work Regulations 1989
- The Personal Protective Equipment at Work Regulations 1992
If you are making a defective work equipment injury compensation claim, you need to be able to prove that the incident was caused due to your employer’s negligence. You need to show that your employer’s action or lack of action was in such a manner that went against the legislation that is in place; for example, they failed to carry out a risk assessment or put a regular maintenance schedule in place.
You can also make a claim if you have been impacted due to defective work equipment and you are a member of the public. An example of this could be if you were visiting a café and one of the coffee machines was not working properly, causing you to come into contact with overheated steam, resulting in burn injuries. In such an incident, you would be able to make a claim against the business in question.
Discover the steps you can take to strengthen your case…
- See a medical professional– First and foremost, don’t make the huge mistake of bypassing a trip to the hospital. It does not matter how minor your injuries may seem; it is vital to see a doctor. Not only for your health but also for your claim. If you do not see a medical professional, how are you going to prove that you were injured in the first place? The medical report provided is the most important piece of evidence.
- Get witness contact details– If possible, it is a good idea to get the contact information of anyone that witnessed the incident. This can really help to strengthen your case, as their statements can prove to be pivotal.
- Report the incident– It is vital to make sure you report the incident. You will need to inform your employer and / or safety representative of what has occurred. All employers are required to have an accident book by law, and, therefore, they will need to document what has happened in there.
- Keep proof of costs– Have you encountered any costs because of your injuries? Perhaps you have had to pay for medical treatment? Maybe you have suffered a loss of income due to your inability to work? You will be able to claim for such expenses as special damages, so make sure you keep proof, such as receipts.
- Make a note of what happened– It is always a good idea to jot down as many details as you can about the incident. This will ensure you do not forget anything when dealing with your personal injury solicitor.
A lot of people do not realise that there are time limits in place when it comes to making a personal injury claim. You will have three years from the date of the accident. This might seem like a long time; however, court proceedings must be issued within this time frame. There are some exceptions to the rule, and this largely relates to workplace accidents. If you have sustained an injury that has developed over time, you will find it virtually impossible to pinpoint an accident date. Because of this, you will have three years from the date of your diagnosis instead. After all, when it comes to the likes of industrial deafness, you can often find that you are claiming against an employer you worked for years and years ago.
The sooner you claim, the better. This is not only because of the personal injury claims time limit, but it will also make it a lot easier to build a strong case. The details of the incident will be fresh in your mind, and it will be easier to gather evidence, too, because you should be able to get your hands on witness statements and such with ease.
If you’d like to know more about what can be included in a defective work equipment injury compensation claim, then read on.
You may think that it is obvious that you will need to see a doctor if you have been injured. Of course, if you have had the misfortune of sustaining a serious injury, you will have no choice but to see a medical professional. However, when some people suffer a minor injury, they elect to cope with it themselves rather than go through the hassle of going to a hospital. Not only is this ill-advised in terms of your well-being, but also you can seriously harm your case if you do not see a doctor.
It is vital to see a doctor because they will provide you with a medical report, and this report will be used to determine how much compensation you will be entitled to. It serves as proof of the injuries you have suffered, and it also reveals the recommended course of treatment your doctor has provided you with. After all, the severity of your injury plays a huge role in determining the compensation you will receive.
When it comes to defective work equipment injury claims, the long-term impact of what has happened will be taken into consideration. The way in which your injury impacts you will have a massive impact on the money you will receive. After all, a serious workplace accident could lead to problems for the rest of your life. This does not only relate to the pain or physical injuries, but it also relates to any knock-on effects this has had, for example, losing your job and being unable to work.
If you’re wondering what can be included in defective work equipment claims, then this section will be of help to you. The first thing you need to be aware of is the fact that compensation is split into two parts – general damages and special damages. Most people tend to be aware of general damages, as this is the amount of money you will receive to compensate you for your injuries. This amount is calculated on the type of injury you have sustained and the severity of it. The impact the injury is going to have on your life in the long term will also be taken into consideration.
In order to determine the value of the general damages you will receive, the medical report provided by your doctor will be taken into account. This states the injuries you have experienced and the recommended course of treatment; therefore, it is vital to see a medical professional if you are planning on using the services of a personal injury lawyer to make a claim.
The second part of work injury compensation that not everyone is aware of is special damages. This has been designed to compensate you for any costs you have had to pay yourself as a direct result of the injuries you have experienced. There are many different examples of special damages, but one of the most common is medical expenses. This can be anything from treatment expenses to the cost of your prescriptions. Aside from this, people often claim for loss of income, the cost of counselling, travel expenses, childcare expenses, and much more. You will need to have proof if you are going to claim for these costs, so make sure you don’t throw away your receipts or any other documents that are relevant.
You will probably want to know how much defective work equipment injury compensation you are going to acquire if you go forward with a claim. Unfortunately, it is impossible to give you a precise figure. This is because all claims are handled on an individual basis. Therefore, even if you have used a personal injury claims calculator online, it will only ever provide you with a very rough estimate. The best thing to do is to refer to the table below, which outlines the average payout amount for injuries typically relating to defective work equipment injury claims.
|What sort of injury have you sustained?||Extra details||Average compensation payout for these injuries|
|Minor Finger Injuries||Soft tissue damage or nails that have been torn off.||Up to £4,461|
|Less Serious Hand Injuries||Crushed hand, with loss of function until healed.||£13,570 to £27,220|
|Minor Hand Injuries||Soft tissue damage, cuts and abrasions.||Up to £4,461|
|Moderate Hand Injuries||Deep lacerations, which may require surgery to repair.||£5,260 to £12,460|
|Serious Hand Injuries||Injuries that leave the hand with less than 50% functionality.||£27,220 to £58,100|
|Serious Leg Injuries||Serious or multiple fractures that will leave the leg immobile for the long-term.||£36,790 to £51,460|
|Severe Arm Fractures||Multiple fractures that will leave the arm with permanently reduced functionality.||£90,250 to £122,860|
|Very Serious Leg Injuries||Injuries that once healed will still have an affect on a person’s mobility.||£51,460 to £85,600|
|Loss of Both Hands||Either through amputation, or permanent loss of function.||£132,040 to £189,110|
|Loss of Fingers||From partial amputation of the pinkie finger to amputation of multiple digits.||£3,710 to £23,460|
|Amputation of Both Arms||Full loss of both arms.||£225,960 to £281,520
|Amputation of Both Legs||Full amputation of both legs.||£225,960 to £264,650
|Minor Leg Injuries||Soft tissue damage, sprains and very minor fractures.||Up to £11,110|
|Severe Wrist Injuries||Result in the permanent loss of mobility of the wrist.||£44,690 to £56,180|
If you cannot find the injury you have sustained in the table above, please do not panic. You can still make a defective work equipment injury compensation claim. It is simply a case of your injury not being displayed in the table above. What you can do, though, is simply give us a call on personal injury claims line, and we will be able to enlighten you further regarding the money you will receive.
One of the standout features of our service is that our entire panel team of accident lawyers working on a No Win, No Fee basis. This presents you with many benefits. Firstly, it means that you will not need to make a huge upfront payment in order to begin the claim process. Aside from this, if your case is not successful, you won’t actually pay any legal fees. This is significant. One of the biggest worries for people when making a claim is that they are going to spend enormous sums of money, and then their case is not a success. You don’t have to worry about this when going down the No Win, No Fee route.
This payment structure also ensures that we do not waste your time. If we think your case is weak, we will tell you. If you are still feeling unsure, take a look at the reviews from previous clients on our website. We are sure this will put your mind at ease. If you would like more information on No Win, No Fee accident at work claims, please do not hesitate to give us a call.
There are many people all over the UK that have been entitled to compensation yet missed out on the money they could have had. There are various different reasons why this is the case. One of the main reasons is because they don’t actually realise they are entitled to compensation in the first place.
Another reason is that they go for the cheapest lawyer they can find or the first law firm they lay their eyes on. You need to have a quality company highly experienced in the sector and with passion and dedication fighting your corner, which is exactly what you have with Accident Claims UK.
We are an experienced claim firm with an incredible reputation in the industry. Since we were set up, we have successfully helped thousands and thousands of personal injury victims to get the compensation they deserve. You can be confident that we will have handled cases that are similar to yours time and time before. You can also be sure that we will do everything in our power to secure the maximum amount of compensation possible for your case.
If you are ready to make a claim, please do not hesitate to get in touch with us here at Accident Claims UK. We will also happily answer any questions you have about defective work equipment injury claims. There are many different ways you can reach us. The most popular option is to call our claims line on 0800 073 8801. This is open seven days a week, 24-hours per day.
However, if you would prefer to contact us via any other channels, you can find out more details on our contact page. You can also request a free call-back via our website, and our live chat feature is also available 24/7.
Defective work equipment claims- FAQs
How often should work equipment be checked?
We’ve already mentioned how regular equipment checks are part of your employer’s duty of care to you and can help reduce the risk of injury. But how often should work equipment be examined?
The answer depends on the kind of equipment, what it’s used for and the conditions that it is kept in. The manufacturer of the equipment might give an idea of how often the equipment should be checked. Sometimes, legislation might outline the expectations for examination intervals. For instance, the Lifting Operations and Lifting Equipment Regulations (LOLER) 1998 say that lifting equipment and accessories should be examined
- Before being used for the first time
- After assembly and before use if it’s equipment that needs to be assembled or installed before use, like a tower crane
- At regular intervals (every 6 months for lifting accessories and lifting equipment used to lift people, every 12 months for all other lifting equipment)
- After exceptional circumstances, like repair, damage or long periods of not being used.
Who should be carrying out equipment checks?
You don’t need to have an expert in your workplace to carry out equipment checks. These checks can be done by anyone who has enough knowledge of the equipment to know where to look, what to look for and how to report or resolve any issues they find.
Government information on whether or not an employer has liability when it comes to defective work equipment– You can use this link to read the Employer’s Liability (Defective Equipment) Act 1969.
Working accidents in general– This link takes you to our comprehensive guide on accident at work compensation claims.
Spinal injury claims- If you’ve injured your spine in an accident at work, on the road or in a public place and it wasn’t your fault, then read our guide for information on claiming.
Assault at work compensation– Have you been assaulted at work and suffered injuries as a result? If so, read our guide for all you need to know about claiming.
When should I visit an urgent treatment centre?– An NHS guide on when to visit a minor injuries unit.
HSE equipment safety- Health and Safety Executive guide to work equipment
Thank you for reading our guide on making a defective work equipment injury compensation claim.