Personal injury advice from
Thompsons Solicitors
Faulty Work Equipment - Compensation Claims
If you have suffered a personal injury as the result of an accident at work caused by defective or faulty equipment, you may be entitled to claim compensation. Our specialist personal injury lawyers have extensive experience in these cases and can provide you with expert accident claim advice. Contact us on 0800 0328511, or by completing a claim enquiry form online.
Work Equipment
Faulty Work Equipment and Accidents
Regulations Relating to Work Equipment
Health and Safety at Work
Making a Personal Injury Claim
Accident at Work Compensation
Our Personal Injury Solicitors
Successful Claims for Injuries Caused by Faulty Work Equipment
Work Equipment
Everyone will have cause to use some form of work equipment in the course of their employment, ranging from basic office equipment to specialist tools or large industrial machinery. Work equipment in the general sense is the tools that one needs to do the job. Employers have a duty to protect the health and wellbeing of their employees as far as is reasonably possible and if faulty equipment is provided this can result in accidents at work and personal injury to members of staff.
Examples of what might be considered work equipment include:
• Hand tools
• Power tools
• Vehicles (cars and vans, forklift trucks, tractors etc)
• Electronic equipment
• Electrical appliances
• Personal protective equipment (PPE)
• Chairs and workstations
• Office equipment
• Lifting equipment
• Cooking appliances and kitchen equipment
• Scaffolding
• Manufacturing machinery
• Other machinery
• Cleaning equipment (vacuums, pressure washers, buffers)
• Ladders
There are other items in your workplace that you may not necessarily use as equipment but that can also cause workplace accidents if they are faulty or badly maintained. For example:
• Lighting
• Fixtures and fittings such as handrails and door-slowing mechanisms
• Heaters and boilers
• Shelving and storage units (roll cages, filing cabinets)
• Fans and air conditioning units
Faulty Work Equipment and Accidents
Accidents involving faulty work equipment can occur in many ways, dependent upon the equipment being used and the type of work carried out. An employee using a defective or unsuitable ladder may for example suffer a fall from height, electric shocks or burns can be the result of faulty electrical equipment and crush injuries might occur if a guard is missing from manufacturing machinery.
Broken or damaged equipment can also lead to tripping accidents or wounds caused by sharp edges and protrusions.
In some cases, faulty work equipment may even cause an industrial disease. For example, if a machine is leaking a hazardous substance and an employee comes into contact with the same, they may develop conditions such as occupational dermatitis or asthma. Equipment that is not operating correctly and emits excessive noise, vibration, heat or cold can also cause harm to the user.
Military personnel may also be able to claim for a personal injury caused by faulty work equipment, however the rules of eligibility for making a military injury claim can be different to those for employees in other occupations. It is therefore important to obtain advice from a specialist lawyer.
Regulations Relating to Work Equipment
There are certain regulations that employers must adhere to in respect of work equipment. They must risk assess the job and the equipment to be used beforehand. The main piece of legislation is the Provision and Use of Work Equipment Regulations 1998 (known as PUWER). This has requirements that all equipment is:
• Suitable for its intended purpose
• In a safe condition for use
• Well maintained and regularly inspected
• Fitted with any applicable safety features (e.g. guards, emergency shut off facilities, warning signage, seatbelts on vehicles etc)
• Only used by persons sufficiently trained / qualified / supervised
Other, more specific regulations that may apply include the Lifting Operations and Lifting Equipment Regulations 1998 (or LOLER), the Workplace (Health, Safety and Welfare) Regulations 1992 and the Construction (Health, Safety and Welfare) Regulations 1992.
Health and Safety at Work
It is important that workplaces are provided as clean, safe environments with health and safety considerations taken into account.
Safety measures that can be taken to avoid the risk of injuries caused by work equipment include carrying out risk assessments, implementing a system of regular inspection and repair, removing from use equipment when there have been complaints or accidents or near misses, use of warning signs where there are potential hazards and ensuring that all employees are adequately trained and supervised where necessary. A safe system of work should also be devised.
With regard to work equipment that is provided, it should be up to current EU standards and should only ever be operated, repaired and serviced by trained / qualified persons. It should also be of a type suitable for the work intended.
Specific examples are that all portable electrical appliances must be PAT tested on a regular basis and vehicles used on the road must always have a valid MOT certificate and be kept in good working order.
Making a Personal Injury Claim
It is always advisable to seek prompt legal advice if you have suffered any type of accident at work or industrial disease and believe that you may be entitled to make a claim. In every case, medical evidence will be required. Detailed expert evidence is often also required in industrial disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. Your lawyer will be able to collate all of the information about your case and advise you on the best way in which to proceed.
If an injury at work does occur, you should try to record as much information as you can, taking photographs where possible. If applicable, try to ensure that your accident is also recorded in any accident book. Remember to keep details of any medical treatment and receipts for any injury related expenses, as these may be useful in your compensation claim.
Accident at Work Compensation
There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to continue with hobbies, drive or do DIY). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.
The second element of a compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.
In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.
If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.
Our Personal Injury Solicitors
At The Legal Line, our lawyers are experts in all areas of personal injury and industrial disease, with a wealth of experience in those cases where harm has been caused by faulty or defective work equipment.
If you have been involved in a road accident, manual handling accident, building site accident, or any other type of accident caused by faulty work equipment, contact us on 0800 0328511.
We can provide specialist advice and assistance on your particular case on a cost free basis. We never work for employers or insurance companies, so you can be sure that we will always pursue the best possible outcome for you.
Successful Claims for Injuries Caused by Faulty Work Equipment
Details of some of the many cases successfully handled by our lawyers can be found below, or in our news and success stories sections:
Back Injury at Work Caused by Faulty Tail Lift
Faulty Work Equipment Causes Personal Injury
Injury at Work Caused by Defective Office Equipment
Compensation of £13,000 Awarded for Failure in Equipment
Bridgwater College to pay Compensation of Over £3,000 Following Accident at Work
Compensation for Electrician Who Suffered Burns in Explosion at Work
Accident at Work Caused by Faulty Handrail
Compensation for Driver Injured by Unsuitable Van Door at Work
Claim for Injury Caused by Workplace Hazard
Unsafe System of Work Results in Personal Injury to Employee
£135,000 Compensation for Paramedic Injured at Work
Employee Left With Permanent Shoulder Injury From Accident at Work
Compensation Claim for Eye Injury Victim
Employee’s Injury at Work Caused by Faulty Flooring
Employee Injured in Fall at Work Receives Compensation
Hospital Employee Suffers Personal Injury Due to Unsafe Work Facilities
Baggage Handler Injured Due to Faulty Work Equipment
Burn Injury Compensation for Forklift Truck Driver Injured at Work
Knee Injury Caused by Fall From Defective Truck Step
Bus Driver Compensated for Back Injury and Hearing Loss
Employee’s Thumb Amputated by Drill in Accident at Work
Compensation for Personal Injury Caused by Unsuitable Trolley
MoD Employee Compensated for Accident-Related Tinnitus
Ferry Employee’s Fingers Crushed in Accident at Work
Employee Injured by Dangerous Equipment in Dockyard Accident
Faulty Oven Causes Burn Injury in Workplace Accident
Restaurant Employee Injured at Work by Leaking Fridge
Employee Injured by Unsafe Machinery Receives Compensation
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