When Could I Claim Compensation For A Defective Work Equipment Injury Claim?

By Jo Anderson. Last Updated 12th March 2024. Welcome to our guide on making a defective work equipment claim.

Have you been injured due to defective equipment at work? If so, there is a very high chance that you are going to be entitled to equipment compensation.

A man lying down on concrete following a defective equipment injury.

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 in an accident at work 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 for legal advice and to get started with your No Win No Fee 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 equipment at work.

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Could I Make A Defective Work Equipment Accident Claim?

To be eligible to launch a defective work equipment accident claim, your case must meet the below criteria.

  1. Your employer owed you a duty of care.
  2. Your employer breached their duty of care.
  3. Due to this breach, you suffered an injury.

Under the Health and Safety at Work etc. Act 1974 all employers owe their employees a duty of care. Per their duty of care, they must take reasonably practicable steps to ensure the health and safety of their employees whilst they are working. For example, your employer could make regular maintenance and safety checks of all workplace equipment that is needed to be used to complete your work duties. If your employer failed to adhere to their duty of care, this could result in you being injured in an accident at work.

Should you wish to speak to us about whether you’d be eligible to launch a defective work equipment claim, please do not hesitate to get in touch. Our advisors will be able to assess your case. They may also connect you with one of our solicitors that has experience working on defective work equipment claims.

A man sitting on the ground following a faulty equipment injury.

Different Sorts Of Faulty And Damaged Equipment In The Workplace Claims

There are many different types of defective workplace equipment. And an accident with any of these could result in you filing defective equipment claims. 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

What Sort Of Injuries Can Occur Due To Damaged Equipment?

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 equipment injury compensation claim. We can also provide advice for situations where the employer didn’t have liability insurance.

Your Employer’s Responsibilities Regarding Work Equipment

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

Any of these problems could lead to you filing defective work equipment claims.

The Steps To Take After A Faulty Equipment Accident

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 ahead of a defective work equipment injury compensation claim. This will ensure you do not forget anything when dealing with your personal injury solicitor.

Time Limits On Defective Workplace Equipment Claims

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.

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 equipment injury compensation claim, then read on. 

How Much Can I Claim For A Defective Work Equipment Injury?

If you make a successful defective work equipment claim, your settlement could consist of two parts. These are general damages to compensate for the pain and suffering that has been caused by your injuries, and special damages, which compensates for the financial harm you experienced due to your injuries.

Those responsible for calculating general damages may refer to a document called the Judicial College Guidelines (JCG) to assist them. The JCG contains guideline compensation figures for various injuries.

In our table below, we look at a few of these figures that may apply to various injuries that could be caused by defective work equipment. However, the first row contains a figure that shows you how compensation could be calculated for multiple severe injuries and the financial losses these caused. 

As all accident at work claims are different, the table is only for guidance.

What sort of injury have you sustained?Extra detailsAverage compensation payout for these injuries
Multiple Severe Injuries and CostsSettlements may include compensation that covers multiple severe injuries and related costs and expenses, including lost wages.Up to £1,000,000+
Very Severe Brain InjuryA brain injury of this severity requires full time nursing care due to severe cognitive and physical disabilities.£282,010 to £403,990
Amputation of Both ArmsFull loss of both arms.£240,790 to £300,000
Severe Arm FracturesMultiple fractures that will leave the arm with permanently reduced functionality.£90,250 to £122,860
Amputation of Both LegsFull amputation of both legs.£240,790 to £282,010
Very Serious Leg InjuriesInjuries that once healed will still have an affect on a person’s mobility.£54,830 to £87,890
Serious Leg InjuriesSerious or multiple fractures that will leave the leg immobile for the long-term.£39,200 to £54,830
Loss of Both HandsEither through amputation, or permanent loss of function.£140,660 to £201,490
Serious Hand InjuriesInjuries that leave the hand with less than 50% functionality.£27,220 to £58,100
Severe Wrist InjuriesResult in the permanent loss of mobility of the wrist.£47,620 to £59,860

Additionally, you may be able to recover special damages as part of your personal injury claim. Some examples of the expenses you could claim for include:

  • Loss of earnings.
  • Medical costs.
  • Adaptations to your home.
  • Home help.

In order to recover your costs, you should save evidence to submit as part of the claims process. This can include your payslips, receipts and invoices.

If you have any questions about how compensation could be awarded in a successful claim for injuries suffered due to faulty machinery, please contact an advisor.

No Win No Fee Defective Equipment Injury Claims

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 as you pursue defective work equipment claims. 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.

A No Win No Fee solicitor makes notes on a defective work equipment claim.

Contact Our Team Today

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. Why not start your claim today. Or, you could ask us about how our specialist solicitors are regulated by the solicitors regulation authority, ask us about an injury caused by defective equipment or anything else about your case.

Useful Links For Defective Work Equipment Claims

Here are some more references on accident at work claims:

Thank you for reading our guide on making a defective work equipment injury compensation claim. Hopefully, you now know whether you could make a claim.