Defective And Broken Machinery Injury Claims Guide
By Lewis Cobain. Last Updated 1st August 2023. Have you been injured at work and would like more information regarding broken and defective machinery claims? If you have been injured due to your employer’s negligence, you may be eligible to make an accident at work claim.
This guide will discuss the importance of proving liability for successful personal injury claims. Also, we shall share some examples of how you could be injured at work due to your employer breaching their duty of care.
You can also speak with one of our friendly advisors today for free legal advice concerning your potential claim. Our team of advisors are available 24 hours a day, 7 days a week, to answer any questions you may have regarding your specific claim.
Speak with one of our advisors today:
- Call on 0800 073 8804
- Respond to our live chat pop-up.
- Or complete our ‘claim online’ form.
Defective And Broken Machinery Injury Claims
Select A Section
- What Are Defective Machinery Claims?
- Who Is Responsible For Maintaining Work Equipment?
- Injuries Caused By Defective And Broken Machinery
- How To Make Defective Machinery Claims
- Calculating Compensation For Defective Machinery Claims
- Why You Should Choose Legal Expert For Broken Machinery Claims
What Are Defective Machinery Claims?
Any machinery that is not installed correctly, does not work accordingly, has missing or broken parts, and is not maintained to the manufacturing standards can become broken or defective. If a piece of machinery at your job is defective, you could potentially be harmed by it.
There are various reasons why a piece of machinery or equipment may not be safe to use in the workplace, such as:
- Mechanical failures.
- Failure to notice damaged equipment.
- The equipment is poorly designed.
- Inspections have been missed.
- Poor safety standards.
Furthermore, your employer must ensure that you receive the proper training before using any equipment, as inadequate training could result in you becoming harmed.
For broken and defective machinery claims to be valid, you need to prove liability. We will explore this in further detail in a later section.
Contact our advisors today for more information regarding safety standards in the workplace.
Who Is Responsible For Maintaining Work Equipment?
The Health and Safety at Work etc. Act 1974 (HASAWA) states that your employer owes you a duty of care whilst in the workplace. This includes ensuring that the work floor is reasonably safe from risks and hazards to prevent accidents from happening.
Also, any equipment your employer provides for work-related duties must be maintained in a safe condition and suitable for its intended purposes. Work equipment can include photocopiers, forklifts, computers, ladders and circular saws. This duty is outlined within the Provisions and Use of Work Equipment Regulations 1998 (PUWER).
If an employer were to provide you with defective machinery or did not maintain regular maintenance checks for essential work equipment, they could be breaching their duty of care. If you can prove that defective machinery injured you due to your employer’s negligence, then your employer could be liable for the injury (as stated in the Employer’s Liability (Defective Equipment) Act 1969).
However, liability does not just lie with your employer. The manufacturer or installer of the machinery could also be liable if their negligence caused the incident in which you were injured in.
Contact an advisor today for further information concerning broken and defective machinery claims.
Who Could Make Broken Machinery Claims?
To be eligible to make an injury at work claim against your employer, you will need to prove:
- Your employer owed you a duty of care at the time and place of the incident.
- Your employer breached this duty of care.
- You were injured as a result of this.
Also, if you were injured due to dangerous machinery at work, you must ensure that you make your claim within the time limits stated within the Limitation Act 1980. Generally, these time limits are:
- 3 years from when you were injured or
- 3 years from when you realised you were injured because of negligence.
Call us today for further information regarding time limits for personal injury claims.
What Are The Time Limits For A Defective Equipment Claim?
As discussed in the previous section, you’ll typically have three years to start a personal injury claim from the date you were injured as a result of defective equipment.
However, the time limit can be suspended under specific circumstances, such as:
- When the claimant is under 18 years of age: If a young person is injured by faulty equipment, the three-year limitation period is frozen until their 18th birthday. From this date, they will then have until their 21st birthday to start a claim.
- If a claimant does not have the mental capacity to make their own claim: The time limit is permanently suspended for this type of claimant. However, if they were to regain this mental capacity, they will have three years to start a claim from the date of recovery.
In both cases, while the time limit is suspended, a court-appointed litigation friend could make a claim on their behalf. A litigation friend needs to be someone who will act in the best interests of the claimant and may be a solicitor, parent or relative, for example.
Please don’t hesitate to contact us if you have any questions about time limits regarding defective machinery injury compensation claims. Our advisors can help you at any time, free of charge.
Injuries Caused By Defective And Broken Machinery
Defective and broken machinery can be dangerous, and you could suffer various injuries of various severities because of them. Some of the injuries you could suffer include:
- Crush injuries, such as a crushed hand.
- Breaks and fractures, such as a fractured shoulder, broken arm or a broken hand.
- Sprains and strains, such as a pulled muscle.
Accidents happen in the workplace every day, but in order to be eligible to make a personal injury claim, you must be able to prove negligence. This means showing that your employer or another entity breached the duty of care they owe to you and how this breach caused an injury.
Call our advisors today for free legal advice concerning defective machinery claims.
Defective Machinery Injury Statistics
According to statics provided by the Health and Safety Executive (HSE), in 2020/21, 441,000 employees reported that they had suffered a non-fatal injury in the workplace (according to reports made to the Labour Force Survey).
Alternatively, employer’s reported that 51,211 employees suffered non-fatal injuries in the workplace in 2020/21. These reports were made per the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
The HSE reported that from 51,211 non-fatal injuries:
- 1,860 were due to contact with moving machinery.
- 177 were trapped by something collapsing/overturning.
- And 102 were due to being in contact with electricity or electrical discharge.
How To Make Defective Machinery Claims
For defective machinery claims, evidence is crucial for proving negligence. Some potential evidence you could provide to help support your claim include:
- CCTV footage of the accident.
- Eyewitness’s contact details.
- A completed accident report book (if one is available).
- A copy of your medical records stating your injuries.
Additionally, you may also want to receive some legal advice before pursuing a claim. If so, you can contact our advisors today.
Calculating Compensation For Defective Machinery Claims
If you make a successful defective machinery claim after an accident at work, you could be awarded general damages. These look to put a financial value on the injury you have suffered. General damages will take into account the pain and suffering an injury has caused you, along with how your quality of life has been affected. Also, under this Head of Loss, psychological injuries are taken into account.
Additionally, if you have suffered financial losses as a result of your injury, you may also be able to claim these back. These are known as special damages.
In the table below, we have taken compensation brackets from the Judicial College Guidelines (JCG). This document is used by legal professionals when looking at calculating general damages.
Please only use this table as a guide.
| Injury | Comments | Amount |
|---|---|---|
| Amputation of Arms | (b) (i) – One arm is amputated at the shoulder. | Not less than £137,160 |
| Amputation of Arms | (b) (ii) – One arm is amputated above the elbow. | £109,650 to £130,930 |
| Leg Injuries | (a) Amputation (iii) – One leg is amputated above the knee. Several factors, including the severity of phantom pains and the success of prosthetics, will affect how much is awarded. | £104,830 to £137,470 |
| Leg Injuries | (b) Severe (iv) – Severe crush injury or fractures to one leg. How much is awarded will be affected by the extent of treatment, muscle wasting and effect on employment. | £27,760 to £39,200 |
| Foot Injuries | (b) One foot in amputated, resulting in the loss of the ankle joint also. | £83,960 to £109,650 |
| Foot Injuries | (e) Serious – Traumatic arthritis causes continuing pain. Prolonged treatment and fusion surgery may be needed. | £24,990 to £39,200 |
| Other Arm Injuries | (c) Less Severe – A degree of recovery has happened (or is expected to) despite significant disabilities. | £19,200 to £39,170 |
| Injuries to the Elbow | (b) Less Severe – Major surger isn’t required but the elbow function has been impaired. | £15,650 to £32,010 |
Please note that we have not included figures for special damages. Special damages can include:
- Loss of wages.
- Home adaptations due to your injury.
- Travel expenses.
- Paying for any medical treatments.
Call our advisors today for more information regarding defective machinery claims.
Why You Should Choose Legal Expert For Broken Machinery Claims
You can contact our advisors today if you still have any questions regarding defective machinery claims. Our advisors are available 24 hours a day, 7 days a week, to offer you free legal advice regarding personal injury claims. They can also put you in contact with one of our solicitors, who could take on your claim with a No Win No Fee agreement.
There are different types of No Win No Fee agreements, such as a Conditional Fee Agreement (CFA), and they have many benefits. Such as not having to pay anything upfront to your solicitor to start your specific claim. You will not be obligated to pay the solicitor for their services if the claim fails. Alternatively, if the solicitor wins the claim, you will pay them a small success fee from your compensation.
For further information, contact us today:
- Phone 0800 073 8804
- Respond to our live chat pop-up.
- Or complete our ‘claim online’ form.
Learn More About Broken Machinery Claims
Some more external guides that you might find useful:
- Defective farm equipment injury – how much compensation can I claim?
- Can I sue my employer for a slip and fall?
- How to claim on behalf of someone else – advice on claiming compensation.
Or, if you would like additional resources:
- Ministry of Justice – Pre-action protocol for personal injury claims.
- Health and Safety Executive (HSE) – Maintenance of work equipment.
- HSE – Your health, your safety. A brief guide for workers.
For more information regarding broken and defective machinery claims, call today.
