Defective Work Equipment Injury Claims How Much Compensation?
By Daniel Archer. Last Updated 29th July 2022. Welcome to our guide to defective work equipment claims. As an employee, it is not unreasonable to expect that the equipment provided by your employer to perform your duties is in a good condition, appropriate for the job and safe for use.
Sadly, this is not always the case. Many employers fail to carry out the required routine checks, servicing and repairs of their equipment. In turn, this can lead to accidents and life-threatening injuries for the employees.
The long-term effects of an accident such as this can be very traumatic for you and your loved ones. This is why it is necessary for you to make defective work equipment claims for compensation if you have been in a defective work equipment accident.
This guide is designed to help you understand all the requirements and steps needed in order to win defective work equipment claims.. If you still have further questions or need clarification on any matter, you can get in touch with us in a number of ways. If it’s deemed you have a valid personal injury claim regarding injuries caused by faulty equipment in the workplace, we could connect you with a specialist solicitor who works with 100% of their clients under a No Win No Fee arrangement.
- You can call us on 0800 073 8804
- Check the validity of your potential claim online by filling out the form on our website
- Alternatively, chat to us using the pop-up window in the bottom right
Select a section:
- A guide to claiming for an injury caused by defective work equipment.
- Claiming for electric shock injuries caused by defective work equipment.
- Claiming for burn injuries caused by defective work equipment.
- Claiming for soft tissue injuries caused by defective work equipment.
- Other common injuries caused by defective work equipment.
- Claiming for defective work equipment as an employee.
- Claiming for defective work equipment as a member of the public.
- Defective work equipment facts and statistics.
- Assessing the severity of an injury caused by defective work equipment.
- The long-term effects of an injury caused by defective work equipment.
- What to do if you have suffered an injury caused by defective work equipment
- Compensation Payouts For A Defective Work Equipment Claim
- No win no fee defective work equipment accident claims.
- How much can I claim for an injury caused by defective work equipment?
- How to start a defective work equipment accident claim.
- Why choose us as your claims service for an injury caused by defective work equipment.
- Call for free advice and to start a claim.
According to the Provision and Use of Work Equipment Regulations (PUWER) 1998, employers owe a duty of care to their employees to ensure that all reasonable steps are taken to protect them from workplace accidents caused by defective work equipment.
The law expects that employers take the following safety measures:
- Conduct regular risks assessment of all tools, plants and machinery used at work, including those that are to be used off-site.
- Carry out regular and proper maintenance of all equipment.
- Dispose of (or replace) all faulty equipment.
- Give employees adequate training and instruction on how to use all equipment safely.
- Educate employees on the risks of every piece of equipment they will be required to use.
Defective work equipment accidents can be avoided if all these health and safety measures are put in place and strictly adhered to. If an employer fails to adhere to any of these rules and an employee sustains injuries as a result, the employee may have a legal right to make a claim for defective work equipment compensation from the negligent employer.
Before you can win such a claim, however, you may require professional legal advice and support. Reading this guide, you can learn about the different types of defective work equipment injury, what to do following an accident, how much you can expect to get as defective work equipment accident compensation and everything else you need to do to increase your chances of winning.
We understand that you may have additional questions. Our solicitors are available to chat with you and our contact details are located at the bottom of this page.
Electric shock injuries at work occur when employees come into contact with electrical energy sources and the electrical current flows through the victim’s body. The effect of electric shocks can depend on a number of factors, such as the part of the body involved in the accident, the length of time the current flowed, the size of the voltage and whether the victim was wet or dry when the accident occurred.
Electrical shocks at work are mostly caused by malfunctioning equipment, failure to wear adequate protective clothing, electrical power running through machines, the poor wiring of the equipment or failure to adhere to the manufacturer’s instructions regarding setup and use of equipment.
Regardless of how it happened, an electric shock may lead to cardiac arrest, disability, death or a number of other injuries including skin burns, neurological damage, kidney failure, muscle tissue damage and cataracts.
The question of who is to blame in these circumstances will be important when making a claim. If your employer failed to adhere to any of the regulations outlined by the PUWER 1998 of the HSE, it could mean that they were negligent and liable for the accident. In addition, if your employer failed to provide adequate protective equipment and clothing that should have protected you from the accident as outlined by the Personal Protective Equipment at Work Regulations of 1992, they could also be held liable for the accident.
In some cases, however, the manufacturer of the equipment or the repair company may be at fault especially, if the equipment came with a faulty component that caused the shock or if a repair company that carried out maintenance or servicing of the equipment failed to carry out their duties properly.
Our legal team will be able to help you determine who should be held liable for the accident and how to make your claims against them.
Faulty, overused or poorly maintained work equipment can get very hot or blow up during use, exposing the employee to the risks of burn injuries. Burn injuries could also be caused by the faulty wiring of the equipment or the poor design of the equipment.
As with electrical shock injuries, your employer, the manufacturer of the equipment or the repair company could be liable for the accident. In cases of faulty wiring or poor design of the equipment, the manufacturer may be held liable but if the injuries were caused by misuse or poor maintenance of the equipment, your employers may be held responsible.
Soft tissue injuries are injuries that affect the muscles, ligaments and tendons. Soft tissue injuries at work can be caused by operating faulty machinery, slips and trips due to malfunctioning work equipment or facilities and lifting equipment accidents. Soft tissue injuries may be mild in some cases but, in other cases, they can cause lifelong injuries and permanent disability.
The Lifting Operations and Lifting Equipment Regulations 1998 is one of the many regulations that requires employers to protect their employees from soft tissue injuries and your employer can be held liable if you sustain soft tissue injuries from defective work equipment.
Defective work equipment could also lead to other types of injuries, including:
- Crush Injuries: Accidents caused by defective work equipment can crush parts of your body.
- Back Injuries: You may also suffer from back or spinal injuries from faulty equipment that cause you to fall from a height. A typical example is when you fall from a defective ladder.
- Permanent Disability: Sometimes, the injuries sustained from accidents caused by defective work equipment could lead to amputation or permanent disability.
- Fatal Injuries: The injuries from a defective workplace accident could lead to the death of the victim.
In any of these cases, you may be able to make claims against those responsible for your accident. If you feel like your own type of injury is not mentioned in this guide, you can talk to our lawyers and they can let you know if and how you can make claims for your injury.
As an employee, there are several laws that allow you to make defective work equipment accident claims. Some of them include:
- The Personal Protective Equipment at Work Regulations 1992
- Electricity at Work Regulations 1989
- Provision and Use of Work Equipment Regulations (PUWER) 1998
- Lifting Operations and Lifting Equipment Regulations (LOLER) 1998
You are able to make claims under these laws but there is still the burden of the proof clause attached to all compensation claims. This simply means that your employer could reasonably foresee the accident occurring but failed to take preventive measures, assigned the defective work equipment to you to carry out work-related tasks or the equipment was the direct cause of your accident, pain and financial losses.
As an employee, you can also make claims against the manufacturer of the defective work equipment or the servicing company if you think that they are the ones to be blamed for the accident.
All of these may seem like a complicated process but not when you have our experienced team of solicitors to help you win your claim.
If you are a member of the public who has been affected by a defective work equipment accident, you can also make claims for compensation too.
A typical example could involve a person visiting a coffee shop and a malfunctioning coffee maker causing overheated steam to come into contact with the person’s skin, leading to burn injuries.
You may be able to make claims for compensation against the owner of the business, especially if you have proof that the accident occurred due to no fault of your own.
Injuries and illnesses that occur due to faulty equipment can fall under a number of categories. This is because the definition of “work equipment” is also quite a wide definition. Any equipment needed for you to safely and effectively carry out your role can be considered work equipment.
So, under this definition, you could count things like power tools and heavy machinery. On the other hand, personal protective equipment (PPE) such as masks used in medical settings can also be considered as work equipment. The differences can come when discussing what injuries they can all lead to.
If you work with heavy machinery that is defective for example, it could lead to an injury that is more physically disabling like crush injuries, lacerations and/or bone fractures. If you work with infectious diseases and are not supplied with sufficient equipment like facemasks, then you could catch an illness that could cause your health to be affected. Both injuries and illnesses caused by the negligence of your employer can lead to successful defective work equipment claims.
The graph below displays statistics from the HSE from 2018/19. It displays what the divide was regarding claims that lead to workplace injuries and workplace illnesses. Whilst it does not specifically say how many of these were defective work equipment claims, we know that not being supplied with functional equipment can lead to both of these outcomes. So it gives an idea of how common workplace accidents can occur.
Accidents caused by defective work equipment may be minor, moderately severe or very severe.
Minor injuries are injuries that can be easily treated within a short period of time. Minor injuries may include bruises, surface burns and swelling and minor soft tissue injuries.
Examples of moderately severe injuries caused by defective work equipment include fractured bones, back and neck injuries, eye injuries or any other injuries that can be reversed or cured.
Severe skin burns, amputation, neurological damages, kidney failure, muscle tissue damage and cataracts are examples of very severe injuries. These types of injuries may be permanent or require long term treatment.
The severity of your injuries will be assessed before compensation is awarded and the compensation amount would depend on how severe and how curable your injuries are. If you need to have your injuries properly assessed, we can arrange for an appointment with a local doctor for you.
You may not be able to see the long-term effects of your injuries
when they initially occur. Your injuries may seem mild but you may have to suffer a lot of pain or miss out on a number of opportunities in the future.
If you sustain burn injuries, for instance, it may lead to stigmatisation from the public. This stigmatisation may cause you to suffer emotionally and lead to depression. Depression may affect your work speed and ability and that translates to a reduction or loss of income. A loss of income could, in turn, lead to a reduction in your standard of living and that affects not just you but your dependents as well.
Your injuries may also affect some organs in your body or expose you to other health problems and you may need to undergo long-term treatments and rehabilitation before you can live a normal life. In some cases, you may become dependent on other people and may need to hire a caregiver or have family friends look after you.
Compensation from the guilty party would not make all these problems go away but it can go a long way in helping you better cope with the situation.
If you have been in an accident caused by defective work equipment, it is very important to take the following steps to increases your chances of getting the highest possible compensation amount. Your first step should always be to seek medical attention. After this is done, you should consider the following:
- Gather Evidence: Evidence refers to anything that can serve as proof that the incident occurred and your employer was responsible. In some cases, this could be CCTV footage. If there are no cameras around, you might want to take photos and videos that clearly show where the event occurred, the machine that caused the accident and the environment within which the accident occurred.
- Get Witness Records: If there were any other employees or persons who witnessed the accident, you should get their personal details and statements to back up your claims.
- Report The Accident to Your Employer: Make sure you formally report the accident to your employer and that the incident is recorded in the official accident record book.
- Get a Medical Report: A medical professional can provide a detailed report on your injuries and any impact the injury may have on your health and wellbeing in the future.
- Hire The Right Legal Expert: The most important step to take is to hire an experienced legal professional to help you make your claims. Our team of solicitors are experienced in dealing with these matters.
Following the above steps can put your claim in the best possible position.
When making a defective work equipment claim, there are two potential heads you could receive in your settlement.
- General damages: This payout relates to the pain, suffering and overall negative impact caused by the injury. Information provided by the Judicial College Guidelines (JCG) can help solicitors and lawyers accurately calculate how much your claim is worth. They may also use medical evidence to assess other aspects that can affect your settlement, such as the severity of the injury, your treatment plan and if any permanent health issues have been caused.
- Special damages: You could also claim for current and future financial losses that are caused by your injuries. Potential losses you could claim for include medical bills, travel expenses, loss of earnings, home adjustments, care costs and rehabilitation expenses.
You would need evidence to illustrate these damages when making a defective work equipment claim. For general damages, evidence can include CCTV footage, witness statements and medical evidence, such as doctor’s reports and scans. For special damages, evidence could include receipts, invoices, payslips and bank statements.
To see if you can claim, or if you have any queries about the claims process, please contact us for free legal advice using the details above.
The legal costs of making defective work equipment claims can be taken care of under our No Win No Fee agreement.
This is a Conditional Fee Agreement (CFA) that allows you to pay for our services as your claims solicitor only if we win your case. This way, you have nothing to lose. If the claim is unsuccessful, you don’t have to pay us anything for the time spent on the case or any other services we offered during the claims process.
If you would like to start your No Win No Fee defective work equipment claims, our solicitors are always happy to assist you.
As mentioned earlier in the article, a defective work equipment claim can be comprised of more than one figure. You could claim under general damages and potentially also special damages. This section focuses on general damages. General damages is calculated to compensate you for the level of pain and suffering your injuries have caused you.
Legal professionals can turn to a few key resources to assist them in this process. As well as medical evidence, a publication called the Judicial College Guidelines (JCG) is also used. We’ve included some entries below as an example from the latest edition of the JCG. It received its last update in 2022.
Poor equipment at work, or even defective equipment, could potentially create hazards that lead to employees being harmed. The examples below are only a small sample of injuries you could potentially claim for. It’s also important to note that the amounts shown are guidelines only, so what you see below is not a guarantee.
|Paralysis||Paraplegia -Quadriplegia||£219,070 to £403,990|
|Brain Damage||Minor – Very Severe||Up to £403,990|
|Eye Injury||Minor – Total blindness||Up to the region of £268,720|
|Back Injury||Minor – Severe||Up to £160,980|
|Chest Injury||Very dependent on the type of injury||Up to £150,110, if, for example, a lung as been removed|
|Neck Injury||Minor – Severe||Up to the region of £148,330|
|Leg Injury||Less serious - Severe||Up to £135,920|
|Arm Injury||Simple - Severe||Up to £130,930|
|Psychiatric Damage||Less severe - Severe||Up to £115,730|
|Deafness||Partial – Total Deafness||Up to £109,650|
|Foot injury||Minor - Very severe||Up to £109,650|
|Knee Injury||Moderate – Severe||Up to £96,210|
|Ankle Injury||Minor – Very severe||Up to £69,700|
|Shoulder Injury||Minor – Severe||Up to £48,030|
|Achilles Tendon Injuries||Minor – Most serious||Up to the region of £38,430|
|Toe Injury||Mild - Severe||Up to £21,070|
If you’d like a bespoke valuation of your claim, get in touch. We can even guide you through how much the special damages portion of your claim could be worth.
The first step to take is to claim your free consultancy session using the contact details at the bottom of this page. During this session, our legal team will listen to you and review the facts of your case. They would be able to tell you if you have a case and who could be held liable for your injuries. We can even provide an estimate of the compensation total.
Following the outcome of the consultation session, we may have to arrange for medical and safety experts to visit you and issue a professional opinion on the case. This can include arranging a visit with a local doctor and conducting further fact-finding on your behalf.
If you are wondering how to start your claim, all you need to do is call our offices today and arrange a consultation.
How Long Do I Have To Claim For An Accident At Work Due To Faulty Equipment?
As per the Limitation Act 1980, the time limit on claims such as these is generally 3 years. This means that you should begin your claim within 3 years of the accident that caused your injuries. However, your injuries may only become apparent at a date later than the accident. If so, you can acquire evidence such as medical records to use this alternative date as the beginning of your 3-year time limit. This is known as the “date of knowledge”.
There can be other scenarios where the time limit to claim may be extended. For instance, if the claimant who was injured due to faulty equipment was under the age of 18, their time limit is suspended until their 18th birthday. It can also be suspended in cases of adult claimants suffering from a reduced mental capacity.
In either scenario, a litigation friend can be appointed to claim on their behalf during the suspended period.
If you’d like to find out more about whether or not you could still make faulty work equipment claims outside of the standard 3-year time window, get in touch with our advisors today.
Our team of solicitors can help you recover compensation for the injuries and pain you suffered, get you the funds you need to pay for medical treatment and rehabilitation (both now and in the future) and help you obtain compensation for loss of earnings and any other financial losses.
Our team of experts have won plenty of defective work equipment claims and we understand the pains and inconveniences your injuries have caused you. This is why we offer a free consultation session and a No Win No Fee agreement. It makes finding the best professional help that much easier.
We stand by you through the process and offer you top-notch advice. We also keep you updated and handle the smallest details of the case every step of the way. Meanwhile, you can focus on recovering from your injuries in a stress-free, relaxed environment.
Our team is friendly and easy to talk to, so if you have any questions or need any help along the way, we are always willing to help.
You have a legal right to claim compensation for that defective work equipment accident. If you would like a free consultation session or you wish to start your claims right away, please call us on 0800 073 884. Alternatively, you can arrange a consultancy session using the contact form or the chat features on our website. Get in touch today to find out what we can do for you.
if you have suffered from an injury whilst at work contact our personal injury team today and we can give you free advice and let you know if you have a claim.
Have you had a slip, trip, or fall at work? get free legal advice and see if you can claim compensation.
If you have been burned from hot machinery or from a flame or liquid chemicals at work contact us today and find out how much compensation you can claim.
If the accident that caused your injuries was captured on CCTV, you have a legal right to request the footage.
Find out about the process of naming someone else over the age of 18 to pursue defective work equipment claims on someone else’s behalf.
This is a link to section 2 of this piece of legislation. It covers things like your employer’s duty of care they legally owe to you.
Our guide on this subject.
Other Useful Compensation Guides
- Read our guide on the maximum weight to lift at work
- No Training Caused A Lifting Accident, Can I Claim?
- Digger Accident Claims
- Could I Sue Amazon In The UK?
- One Person Doing A Two Person Lift Injury Claims
- Window Cleaner Personal Injury Claims
- No Safety Measures In Place – Work Accident Claims
- I Fell Through A Ceiling At Work, Can I Claim?
Thank you for reading our guide on defective work equipment claims.