What is a defective work equipment claim?

A defective work equipment claim is a compensation claim you can make if you are injured at work because the equipment or machinery provided was unsafe, faulty or not properly maintained.

Employers have a legal duty to provide a safe working environment, including ensuring that equipment and machinery are safe to use.

If your employer has provided you with defective or unsafe machinery at work, they may be in breach of the Provision and Use of Work Equipment Regulations 1998.

These regulations require employers to ensure that any equipment you use, including machinery, tools, appliances, or mobile equipment, is safe and suitable for the job, and kept in proper working condition.

In addition, the Health and Safety at Work etc. Act 1974 places a general duty of care on employers to protect your health and safety at work. This duty includes providing and maintaining safe working equipment.

If you were injured because these duties were not met, you may be able to make a compensation claim.

In most cases, you have up to three years from the date of the accident to start your claim.

Compensation for accidents caused by defective machinery or faulty equipment can cover a wide range of issues, including inadequate training, poor maintenance, design faults, or failure to provide proper training.

Our specialist accidents at work solicitors have over 200 years of combined legal experience successfully representing clients who have suffered an injury at work through no fault of their own. Speak to us today about starting your no win no fee claim.

Who can make a defective work equipment claim?

Anyone who has been injured by defective work equipment may be able to make a compensation claim.

This can include full-time or part-time employees, self-employed workers, contractors and, in some cases, agency staff.

Most claims are brought against an employer, as they have a legal duty to provide safe equipment and a safe working environment. However, in certain situations, a claim may also be made against a manufacturer or supplier if the equipment itself was faulty and caused injury.

What is defective workplace equipment?

Defective workplace equipment refers to any equipment or machinery provided by an employer that is unsafe, faulty, or inadequately maintained. This includes any machine, tool or device supplied to help an employee carry out their work.

Using workplace equipment involves more than just operating a machine. It also includes activities such as starting or stopping equipment, cleaning, repairing, maintaining, adjusting, transporting or modifying it.

If the equipment is not adequately maintained, is faulty, is not working as expected, or the machine has been left dangerously exposed, and this has caused an accident, you may have a legal right to claim compensation.

Examples of defective workplace equipment could include:

• Handheld tools
• Power tools such as drills, chainsaws
• Factory machinery such as presses, drills and cutting equipment
• Vehicles such as forklift trucks
• Lifts or elevators
• Tail lifts, gates
• Ladders, scaffolding and safety ropes
• Kitchen or catering appliances
• Any electronic equipment
• Any tools lacking machine guards
• Any equipment without the necessary emergency stop controls
• Personal protective equipment, such as gloves, goggles or masks that may be defective or not fit correctly.

How much compensation can I claim for injuries caused by defective workplace equipment?

The amount of compensation you may be able to claim for accidents caused by defective workplace equipment will depend on the severity of your injuries and their impact on your life. There is no fixed amount of compensation as each case is unique.

Compensation amounts for a defective equipment at work claim are calculated by combining the compensation amounts you may be legally entitled to for general damages and special damages.

General damages are awarded for the pain, suffering and loss of amenity caused by your injury, often referred to as PSLA. These amounts are assessed in accordance with the Judicial College Guidelines, published by the Ministry of Justice.

When calculating general damages, consideration is given to both the physical and psychological impact of your injuries, including how they have affected your ability to enjoy everyday life.

In addition to general damages, you may also be able to claim special damages. These cover any financial losses or expenses you have incurred, or may incur in the future, as a direct result of your injuries.

The amount of compensation you may receive for special damages may include, but is not limited to:

• Any loss of income or potential future income, including pensions
• Any medical costs associated with your injury, including rehabilitation and ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this.
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred.
• Any travel and motor expenses, including the cost of travel to and from appointments and parking costs.

As the circumstances of each claim are unique, we recommend speaking with our specialist accident at work claims solicitors to find out how much you may be able to claim for your specific circumstances.

How long do I have to claim compensation for injuries caused by defective work equipment?

In most cases, you will have three years from the date of the accident at work or the date you became aware of your injuries. For the latter, your injuries will need to be diagnosed by a medical professional.

The three-year period is set by the Limitation Act 1980. However, there are exceptions. The timeframe can be extended beyond the statutory period in the following circumstances:

A manufacturing or design fault caused the accident

If a piece of equipment is later found to have been faulty, for example, through a product recall investigation, you would have three years from the date you became aware of this.

The person who was injured lacks the mental capacity to claim

The timeframe for claiming is extended until the person may be able to claim. If this is not possible, a trusted family member may claim on their behalf.

The injured person was a child

The time limit for minors to claim is paused if the injured person was under the age of 18 at the time of the accident.

They will have up to three years after their 18th birthday to start their claim. Alternatively, a parent or legal guardian can claim on their behalf within the same period.

The accident at work proved fatal

In these extremely unfortunate circumstances, the three-year time limit starts from the date of death rather than the date of the accident.

Can I still claim if I used the equipment outside my workplace?

Yes, you may still be able to make a faulty equipment compensation claim if your employer provided the equipment, even if you were using it away from your usual workplace.

For example, this could include a tradesperson using unsafe or faulty equipment at a customer’s home or another off-site location. The key point is whether your employer supplied the equipment and whether it was safe to use.

Can I make a no win no fee compensation claim for an accident caused by defective machinery at work?

Yes, you can make a no win no fee claim if you were injured while using defective machinery at work, if your employer’s negligence led to the accident.

All clients represented by Beacon Law are represented on a no win no fee basis. Often known as a Conditional Fee Agreement (CFA), no win no fee provides reassurance to those who have suffered an injury that they will be at no financial risk when making a claim.

As part of our no win no fee agreements, clients are protected from any upfront legal costs or hidden charges and can focus on recovering from their injuries without the stress of any financial risk.

A fee, sometimes known as a success fee, will only be paid once your claim is successfully settled. The amount is typically 25% of the total compensation amount. We will agree on this before legal proceedings begin. This payment is to compensate your solicitor for their time and work put into assisting with your case.

In all cases, we recommend taking out an After The Event (ATE) insurance policy. This protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case as long as you haven’t misled us, exaggerated your claim, or been dishonest.

Beacon Law provides complete transparency with how we charge our clients. All fees and costs will be explained at the beginning of the claim process.

What evidence do I need to provide when making a defective machinery injury claim?

To successfully claim compensation for injuries caused by defective machinery or faulty equipment, you must prove that your employer’s negligence caused your injuries.

With the help of our accident at work solicitors, we will need to show that your injuries were caused by your employer’s breach of their duty of care to you and that you have evidence to support your claim.

Our solicitors may ask for the following information when you contact us.

• A copy of the accident report that was filed in your company’s accident report book.
• Witness statements from colleagues or anyone who saw the accident and is happy to provide a statement.
• If available, photographs or video of the accident scene, including CCTV footage.
• Any information, such as workplace safety records or evidence that risk assessments were not conducted or that maintenance of equipment was not carried out to the legal requirements
• Investigate if there have been any similar accidents or complaints that may be relevant to your accident.
• Medical records from your GP or hospital, you may have visited after the accident, including any treatment you may have received or are currently receiving.
• Records of any financial losses incurred because of your accident.

Do not worry if you do not have all of this information. Our solicitors can help compile this information on your behalf, which will help to build the most comprehensive case possible to support your compensation claim.

How long does it take for a defective machinery accident claim to settle?

The time frame for settling claims for injuries caused by defective machinery will depend on the case’s complexity and the speed with which liability can be established.

As a general guide, the length of the process depends first on how easily liability can be established, and then on how quickly both parties can agree on a fair and accurate level of compensation.

My loved one has died from a defective machinery accident. Can I claim on their behalf?

Yes, you may be able to start a claim on behalf of a loved one who has, unfortunately, passed, due to a defective machinery accident.

In most fatal accident at work claims, you have three years to start a claim. This time limit begins on the date of death, or from the date a coroner’s inquest or post-mortem confirms that the accident was the cause.

If you are unsure how the time limit applies in your situation, speak to our experienced employer liability solicitors, who can explain the options available to you.

What are my employer’s responsibilities for ensuring work equipment is safe?

The Provision and Use of Work Equipment Regulations (1998) state that your employer is under a duty to supply you with appropriate equipment which is in good working condition.

Your employer is obligated to ensure that the equipment you are using is suitable and safe for the job you are performing. Work equipment can include any machinery, appliance, apparatus, tool, or installation, as well as mobile equipment used at work.

Accidents happen every day because employers fail to comply with health and safety laws. Employees are often asked to use broken or defective equipment, or in some circumstances, entirely the wrong apparatus for the job at hand. This disregard for the law can cause employees to suffer serious injuries in the workplace.

As set out in the Provision and Use of Work Equipment Regulations 1998, your employer has a legal duty to make sure all work equipment is adequately maintained, safe, and suitable for the job.

As part of this responsibility, employers should:

Provide safe and suitable equipment

The tools, machinery, and equipment provided must be appropriate for the task, safe to use, and in good working order.

Carry out regular risk assessments

Employers must identify risks associated with work equipment and put appropriate control measures in place.

Maintain and inspect equipment

Employers should ensure work equipment is regularly inspected and properly maintained, with any faults fixed as soon as they are identified.

Provide adequate training and supervision

Employers must ensure employees receive clear guidance, suitable training, including highlighting potential risks, and provide proper supervision when using work equipment.

Supply appropriate PPE where needed

Where risks cannot be eliminated otherwise, employers should provide suitable personal protective equipment that fits correctly and is adequately maintained.

Put safe systems of work in place

Employers should have clear procedures for the safe use, maintenance, and storage of work equipment.

Have a clear fault reporting process

Employees should be able to report faults or safety concerns quickly, with action taken to prevent further risk.

If your employer failed to meet these responsibilities and you were injured as a result, you may be able to claim compensation for a defective work equipment accident.

What other laws protect employees from defective machinery?

In addition to the Provision and Use of Work Equipment Regulations, several other laws protect employees from injuries caused by unsafe or defective machinery at work.

These include:

The Health and Safety at Work etc. Act 1974

This law places a general duty of care on employers to keep employees safe at work. This includes properly maintaining equipment, carrying out risk assessments, and taking reasonable steps to prevent injury.

The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)

These regulations apply to lifting equipment and require lifting operations to be appropriately planned, supervised and carried out safely to reduce the risk of injury.

The Pressure Equipment (Safety) Regulations 2016

These regulations set safety standards for equipment that operates under pressure, including pressure limits and requirements for safe assembly and use.

The Personal Protective Equipment at Work Regulations 1992

These regulations require employers to provide suitable personal protective equipment where workers are exposed to risks that cannot be removed by other means.

If your employer failed to meet these legal obligations and you were injured as a result, you may be able to make a no win no fee defective work equipment claim. Speak to our experienced accident at work solicitors today.