Defective Work Equipment Claims Guide – Find Out How Much Compensation You Could Be Awarded

Welcome to our comprehensive guide on making a defective work equipment claim. Employers must adhere to relevant health and safety regulations. We explain what these are and what work equipment regulations may apply to your workplace.

If you sustain an injury because your employer failed to comply with relevant legislation, you may be entitled to compensation. In this guide, we shall look at when you may be eligible to make a personal injury claim for an accident in the workplace. This is illustrated with examples of when defective workplace equipment might lead to an injury. Additionally, we’ll look at examples of items you could submit to support a compensation claim.

If you have decided to make an accident at work claim, you may be interested to learn about how compensation could be awarded if your case is successful. We explain how compensation for defective work equipment claims is calculated.

We finish our guide by looking at how a specialist No Win No Fee solicitor could help you with your compensation claim.

If, after reading our guide, you still have any questions, please contact an advisor to discuss your case. They can go through what led to your defective work equipment accident and help assess whether you might have a valid claim.

To discuss defective equipment claims:

  • Call a member of our team on 0161 696 9685.
  • Request an advisor call you back by filling our ‘contact us’ form.
  • Use the live support feature to speak to us online now.

A person lays on the floor holding electrical wire. There is a power tool by their foot.

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Can You Make A Defective Work Equipment Claim?

Your employer must comply with health and safety rules relevant to the workplace and the nature of the job.  The first of these is set out in the Health and Safety at Work etc. Act 1974. This sets the duty of care that all employers owe their employees as they must take reasonable steps to prevent workforce injuries. Adhering to this legislation is a legal requirement and the failure to do so could lead to injury.

Employers have further obligations under The Provision and Use of Work Equipment Regulations 1998 (PUWER). They are required to ensure that equipment is kept in a safe condition and suitable for its intended use and that appropriate training in its use has been provided.

If you have been injured by defective work equipment, you may have grounds to make a compensation claim against your employer. However, to have a valid claim, you must show that:

  1. You were owed a duty of care by the party you are making a claim against. For example, your employer may have provided you with equipment necessary to carry out your work, such as a ladder if you need to reach an item on a high shelf.  It is part of this duty to ensure that the ladder is safe for its intended purpose.
  2. Your employer breached their duty of care to you. For example, if the ladder had not been correctly maintained or is otherwise known to be defective by the employer.
  3. This breach caused you to sustain injuries. For example, the ladder collapsed while you were using it, because it was poorly maintained or because it was defective for which the employer was aware of, resulting in multiple injuries, including serious brain damage and a back injury.

Contact our team to find out if you could make a defective work equipment claim.

How To Make A Defective Work Equipment Claim

In order to prove an injury at work claim, you will need to gather supporting evidence which shows:

  • The cause of the accident and how it happened, including liability.
  • What injuries you sustained.

Below we have included examples of different types of evidence that may be helpful, including:

  • Footage from any workplace CCTV cameras which show the accident taking place.
  • Photographs which show the faulty or defective equipment and/or showing any visible injuries you suffered.
  • A copy of the report made in your workplace accident book.
  • Details of what medical care and treatment you have needed. You may need to request copies of your medical records.
  • The contact details of anyone who witnessed the accident taking place, so they can give a witness statement later on.

A No Win No Fee solicitor from our panel could help you gather the evidence necessary to make a defective work equipment claim. Please speak to an advisor for more information.

What Types Of Faulty Equipment Could Lead To An Accident At Work Claim?

There are various ways faulty work equipment could result in injuries, including:

  • Workplace eye injuries may be caused by defective personal protective equipment.
  • An employer failing to correctly service and maintain workplace vehicles, such as a forklift truck, resulting in defects going unnoticed and collisions, causing a neck injury.
  • Scaffolding being poorly erected leading to a fall from a height.
  • The safety guard missing from a disc cutter could lead to amputations of the hand or fingers.

This is not an exhaustive list. If your accident is not included here, please contact an advisor for more information on whether you could make a defective work equipment claim.

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How Long Do You Have To Make An Accident At Work Claim?

Under The Limitation Act 1980, most claimants will have three years from when the accident occurred in which to launch their defective work equipment injury claim. However, there are exceptions to this limitation period. Please contact our team to find out more.

How Much Compensation For Injuries Caused By Broken Equipment At Work?

If your defective work equipment claim is successful, you will be awarded a compensation settlement consisting of general damages and possibly special damages.

General damages are awarded for the pain and suffering caused by defective equipment. Solicitors and other legal professionals who value personal injury claims may refer to the Judicial College Guidelines (JCG) when assessing how much compensation may be due for a given type of injury.

Below we have included the compensation guidelines for different injuries taken from the JCG 17th edition. Please note that the first entry is not from the JCG and is illustrative of damages, including financial compensation. As all defective equipment claims are different, the table is only intended as guidance.

Injury SustainedSeverityCompensation BracketNotes
Multiple serious injuries plus financial costs/ lossesSevereUp to £1,000,000+Awarded for multiple life changing injurie such as brain damage and paralysis and their subsequent financial losses such as care costs, loss of employment prospects and rehabilitation.
ParalysisTetraplegia/Quadriplegia£396,140 to £493,000There could be physical pain or a significant effect on the senses or ability communicate.
Head/ brain injuries(b) Moderately severe£267,340 to £344,150The person has a severe degree of disability and requires constant professional care.
Head/ brain injuries(c) Moderate (i)£183,190 to £267,340Severe to moderate intellectual deficit as well as personality changes.
Sight injuries(c) Loss of sight in one eye/ reduced vision in the remaining eye (i)£117,150 to £219,400Serious risk of further deterioration in the remaining eye.
Sight injuries(d) Loss of one eye£66,920 to £80,210Compensation may be dependent on age, cosmetic effect and psychological injuries caused.
Neck injuries(b) Moderate (i)£30,500 to £46,970A dislocation or fracture causing immediate symptoms. Spinal fusion treatment may be necessary.
Neck injuries(b) Moderate (ii)£16,770 to £30,500Wrenching injuries, disc lesions or soft tissue injuries.
Elbow injuries(b) Less severe£19,100 to £39,070Where elbow function is impaired, but does not require surgery. There is no significant level of disability.
Wrist injuries(c) Less severe£15,370 to £29,900There is still some level of permanent disability.

Special damages may be awarded for the financial costs and losses caused by an injury. Examples of this could include:

  • Lost income and other workplace benefits, such as contributions to a pension.
  • The cost of medical care, such as therapy and prescriptions.
  • The cost of adapting a home or vehicle.

As part of the claims process, to recover compensation for these items, you will need to submit proof, such as receipts and invoices.

An advisor could help assess how much accident at work compensation your injury claim may be awarded.

How Long Do Accident At Work Claims Take To Complete?

Each accident at work claim is unique, and so each claim may take a different amount of time to complete.

Factors which could influence how long a faulty equipment injury claim may take include:

  • The severity of your injuries. The more severe or complex injuries suffered, the longer a claim could take.
  • Whether your employer accepts liability for your accident and injuries. If they contest this, your personal injury claim may take longer.
  • What supporting evidence you have to make a claim. If you have strong evidence it may be easier to prove an employer was liable.

Talk to our team about your defective work equipment claim today.

Why Use No Win No Fee Solicitors To Make A Defective Machinery Claim?

If you have been injured by workplace machinery you may be eligible to make a defective work equipment claim with the support of one of the No Win No Fee solicitors from our panel.

A specialist accident at work claims solicitor from our panel may be able to offer their services under a Conditional Fee Agreement. This is a type of No Win No Fee arrangement. Under such an agreement, you (generally) won’t need to pay for your solicitor’s services:

  • At the start of your claim.
  • Whilst the claim is under way.
  • If you are not successfully awarded compensation.

If your accident at work claim is successful, a success fee will be deducted as a percentage of your awarded compensation. This fee is legally capped.

Get in contact with our team today to find out if you could claim compensation for injuries caused by faulty equipment at work. Our team of advisors can review your case and connect you to a specialist No Win No Fee solicitor from our panel if you meet the eligibility requirements.

To discuss your defective work equipment accident:

  • Fill out our ‘contact us’ form to request a call back from our team.
  • Speak to an advisor using the live chat pop-up.
  • Call us now on 0161 696 9685

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Read More About Claiming Accident At Work Compensation

Below we have included further helpful resources from across our site as well as from trusted external sources.

Further claims guides:

External resources you might find helpful:

We hope our guide has helped you learn more about making a defective work equipment claim.