Defective Equipment in the Workplace

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, and mobile equipment used at work.

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

Have You Been a Victim of Defective Equipment in the Workplace?

Have you been injured whilst using defective equipment in the workplace?  Are you able to say for sure that you were using the correct equipment for the job you were performing?  Does your employer regularly check the suitability and safeness of your equipment?

Examples of defective or inappropriate equipment in the workplace could include:

• Machines which do not have guards to prevent fingers and hands getting caught.
• Inappropriate or temporary repairs to equipment which makes that equipment categorically unsafe.
• Equipment which is broken.
• Ladders which collapse due to a lack of maintenance.

I have been Injured as a Result of Defective Equipment, What Should I Do?

The first thing you should do following an accident is seek medical attention at hospital, or from your G.P . You should keep hold of all receipts for expenses, such as parking and medication.

You should also make sure that your employer has made a record of the accident and ask for a copy of this for yourself.

Witness statements from other employees and photographic evidence may also be useful for your case.

If you would like to discuss your potential accident at work claim, get in touch with Beacon Law.

Do I Have a Claim?

If your employer has provided you with defective or inappropriate equipment and you have suffered an injury as a consequence, then you may be able to bring a successful claim for compensation against your employer.

Proving an accident at work claim

In order to be successful in an accident at work claim, you will need to provide some evidence to prove that your accident happened as you have alleged, and that your accident resulted in the injuries you have suffered. The types of evidence that you may be required to provide can include:

• Witness statements from other employees present at the time of the accident.
• Photographs of the area of your accident or photos of the defective equipment that caused your accident.
• Your copy of the accident report (if you were provided with this).
• CCTV footage of your accident (we are likely to request this from your employer).
• Photographs of your injuries.
• Copies of any medical records or hospital letters.
• Receipts showing any treatment/ medication costs or other expenses incurred.

How long will it take to settle my case?

It is very difficult to predict how long it will take to settle any case. If your case is straight-forward, your injuries are minor, and your employer admits liability within the required time frames, it should take around 6-9 months to settle your claim. The claims process is not always straight-forward and there are many factors which could cause a delay in settling you claim, such as an unresponsive defendant, difficulties in obtaining evidence, and serious, complicated injuries.

The timescales from the initiation of a claim to obtaining compensation will vary depending on whether your employer admits or denies liability for your accident. The seriousness of your injuries may also have an impact on the amount of time it will take for us to settle your claim.

No win, no fee accident at work claims

We offer all claims on a no win, no fee basis. These claims allow personal injury solicitors and their legal team to proceed with your claim with no up-front legal costs to be paid. Throughout the compensation claim process, there will be no hidden charges or payments required from the injured person.

This type of agreement helps the injured party focus on recovering from their injures without stressing about the financial risks.

If your claim is successful, you will only be required to pay a small amount from your final damages to your solicitor for their a success. These costs will be calculated as a percentage and will be discussed with you before legal proceedings start. This payment is to compensate your solicitor for their time and work put into assisting on your case.

You may also be required to pay a small fee for ATE insurance from your compensation award if your case is successful. This will all be explained to you by your solicitor before you agree to start your personal injury claim.

If your case is unsuccessful, unfortunately, you will not receive any compensation; however, you will not be required to pay us a penny.

Should I go back to work after an accident?

If you are well enough to go back to work, you should return to your workplace. If you are well enough to return to work, but decide not to, you will be unable to recover your loss of earnings for this time off when it comes to settling your claim.

If you are making a claim against your employer, you may feel awkward or uncomfortable when returning to work; but you shouldn’t feel this way. Your employer breached their duty of care towards you and caused you to sustain an injury, therefore, you are entitled to make a claim against them.

The law is on your side in this regard and your employer should not treat you negatively because you are making a claim against them.

Why Choose Beacon Law?

Beacon Law provides a team of highly experienced Solicitors and legal professionals. We provide a high level of service to all our clients and work hard to ensure you receive the highest level of accident at work compensation for your injuries. We are specialist Personal Injury solicitors with expertise in all types of claims, including, road traffic accidents, slips, trips, falls, and criminal injuries. Beacon Law is regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding, have a look at the funding section on our website.

If you have a query regarding making an accident at work claim, please do not hesitate to get in touch and we will be happy to discuss your claim with you, without any obligations.

We deal with all types of personal injury and workplace accident claims. The legal matters which we deal with on a no win, no fee basis, include, but are not limited to, the following:

• Accidents at Work
• Slips, Trips and Falls
• Road Traffic Accidents
• Animal Attacks
• Medical Negligence
• Professional Negligence
• Criminal Injury Claims (CICA)
• Catastrophic Injuries

For a free, no obligation initial discussion, contact us using the form at the top of the page or using our live chat facility. Alternatively, you can call us directly on 0330 1332 857.