Faulty equipment in the workplace can lead to severe accidents, leaving employees with physical injuries, financial losses, and emotional distress. Employers in the UK are legally obligated to provide a safe working environment, which includes maintaining equipment to ensure it is fit for use. If you’ve been injured due to defective machinery or tools, you may be entitled to compensation.
In this article, we’ll explore your rights, the legal responsibilities of employers, and how you can file a claim for accidents caused by faulty equipment.
Employer Responsibilities Under UK Law
Employers are required by law to provide a safe working environment for their staff. This responsibility includes:
- Conducting regular maintenance checks on machinery and tools.
- Ensuring equipment meets safety standards.
- Providing adequate training to employees on how to use equipment safely.
Under the Provision and Use of Work Equipment Regulations 1998 (PUWER), employers must:
- Inspect equipment regularly to ensure it is safe to use.
- Replace or repair faulty equipment immediately.
- Provide protective measures to minimise risks associated with machinery.
Can You Claim Compensation?
Yes, you can claim compensation if you’ve been injured due to faulty equipment, provided you can demonstrate that:
- The equipment was defective and not fit for use.
- Your employer was negligent in maintaining or inspecting the equipment.
- The accident caused your injuries, leading to physical, emotional, or financial harm.
Even if the equipment was manufactured incorrectly, you may still be able to file a claim against the manufacturer under product liability laws.
Steps to Take After an Accident Caused by Faulty Equipment
To strengthen your claim, follow these steps immediately after the incident:
1. Seek Medical Attention
Your health should be your top priority. Visit a medical professional to treat your injuries and ensure all injuries are documented.
2. Report the Incident
Notify your employer or supervisor about the accident. This creates an official record that can be used as evidence.
3. Gather Evidence
Document the faulty equipment and the accident scene by taking photos or videos. Collect witness statements and their contact details.
4. Keep Records of Expenses
Maintain a record of all costs related to the accident, including medical bills, lost wages, and travel expenses for treatment.
5. Contact a Personal Injury Solicitor
Expert legal guidance is essential for securing maximum compensation.
Types of Compensation You Can Claim
When injured due to faulty equipment, you may be entitled to:
1. General Damages
These cover the pain, suffering, and loss of amenity caused by your injuries.
2. Special Damages
These reimburse financial losses such as:
- Medical expenses, including treatment and rehabilitation.
- Loss of income during recovery.
- Travel costs for medical appointments.
- Costs for home modifications or long-term care.
3. Psychological Trauma
If the incident has caused anxiety, depression, or post-traumatic stress disorder (PTSD), you can claim compensation for emotional distress.
Common Injuries Caused by Faulty Equipment
Accidents involving defective equipment can lead to a range of injuries, including:
- Fractures and broken bones.
- Burns from malfunctioning machinery.
- Crush injuries from defective presses or forklifts.
- Electrical injuries from faulty wiring.
- Amputations due to unsafe machinery.
Who Is Liable for Your Injuries?
Liability in faulty equipment cases depends on the circumstances of the accident. Potentially liable parties include:
1. Employers
If the equipment was poorly maintained, inadequately inspected, or incorrectly used due to a lack of training, your employer is likely liable.
2. Manufacturers
If the defect was due to a design or manufacturing fault, the manufacturer could be held responsible under the Consumer Protection Act 1987.
3. Third Parties
If a third-party contractor supplied or maintained the equipment, they may share liability.
How Long Does the Claims Process Take?
The time required to settle a claim varies depending on factors such as the complexity of the case and the severity of the injuries.
- Straightforward cases: 6–12 months.
- Complex cases: 12–24 months or longer, particularly if liability is disputed.
How National Claims Can Help
Navigating the legal process after a workplace injury can be overwhelming, especially when recovering from an accident. At National Claims, we simplify the process by connecting you with experienced personal injury solicitors who specialise in workplace accidents caused by faulty equipment.
Our solicitors will:
- Assess your case and determine liability.
- Gather evidence, including medical reports and expert opinions.
- Negotiate with insurers to secure maximum compensation.
- Represent you in court, if necessary.
With National Claims, you’ll have peace of mind knowing your case is handled by professionals dedicated to achieving the best outcome for you.
Real-Life Example
In a recent case, a warehouse worker received £35,000 in compensation after a forklift accident caused by faulty brakes. The investigation revealed that the employer had failed to conduct regular maintenance checks, making them liable for the injuries.
Frequently Asked Questions
1. Are there time limits for filing a claim?
Yes, you must file a claim within three years from the date of the accident. For minors, the time limit extends to three years from their 18th birthday.
2. What if I contributed to the accident?
You may still claim compensation, but your payout could be reduced based on your level of responsibility.
3. Can I claim if I’m self-employed?
Yes, if the equipment was supplied by a client or another business, you may still file a claim against them.
Conclusion
If you’ve been injured due to faulty equipment, you have the right to seek compensation for your losses. UK laws are designed to protect workers, ensuring employers and manufacturers are held accountable for their negligence.
At National Claims, we’ll connect you with expert solicitors who will guide you through every step of the claims process, ensuring you receive the compensation you deserve. Contact us today for a no-obligation consultation.
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