Faulty Work Equipment Injuries How to make a claim
Posted Sep 28, 2020.
How do you claim for a faulty work equipment injury?
Whilst there have been significant improvements in workplace safety over the past twenty or so years, many work environments can still present safety hazards to employees, contractors and visitors that may result in a bodily injury. Whilst a large number of workplace injuries are caused by general slips, trips and falls, despite the advances in health and safety, there are still a surprising number of incidents caused by the use of faulty, inappropriate or poorly maintained equipment.
UK Work Safety Law
The UK has many laws in place that are designed to help protect employees whilst they are at work. Employers have a duty of care to their staff and are legally obliged to ensure that all equipment and machinery is properly maintained and serviced,(in line with recommended servicing schedules), is in good working order and is safe to operate. There are a number of laws that have been created, designed to cover a wide range of activities and trades from forklift truck drivers and machine operators through to chefs and kitchen staff. Current UK laws include:
- The Health and Safety at Work Act 1974
- The Lifting Operations and Lifting Equipment Regulations (LOLER)
- Personal Protective Equipment Regulations
- The Provision and Use of Work Equipment Regulations (PUWER)
All organisations and employers with five or more staff must also have a specific health and safety policy, including regular workplace risk assessments and the implementation of all reasonable measures to reduce the risk of accidents and injuries. An employer’s duty of care also includes the provision of appropriate training in the use of equipment and machinery. Employers must ensure that equipment and tools are being used correctly, and that they are being used for the job and task intended. Should this not be the case and an employee or contractor suffers an injury as a result, then the employer may well be facing a claim for compensation.
What are the 7 Most Common Workplace Faulty Equipment Claim Types?
By using a combination of data published by the Health and Safety Executive (HSE) and our own experience at Bakers Solicitors in handling faulty equipment claims, the 7 most common accident and injury claim types that involve faulty equipment are:
- Crush injuries due to faulty or unstable equipment or because guardrails (or similar protection) either weren’t installed or were broken
- Falls from height due to poorly erected, damaged or poorly maintained equipment such as scaffolding, ladders or work platforms
- Electric shocks or electrical burns due to faulty wiring
- Lacerations and puncture wounds caused by sharp edges on poorly maintained or broken tools and equipment
- Heat or chemical burning and scalding due to inadequate personal protective equipment (PPE)
Will My Workplace Injury Claim be Successful?
To be able to make a valid faulty equipment injury claim that stands a reasonable chance of being successful (that is, financial compensation is awarded that is commensurate with the injuries and related losses suffered), it is very important that the following can be proven:
- That the injuries were suffered whilst at work
- That the equipment, tools or machinery being used at the time had not been correctly maintained or serviced in line with the manufacturers recommendations
- That the injuries could have avoided had the equipment, tools or machinery being used at the time had been correctly maintained or serviced in line with the manufacturers recommendations
Depending on individual circumstances, being able to prove that an employer is liable may prove to be challenging and will often require professional and experienced assistance, especially when it comes to the technical aspects of the claim, awareness of the pitfalls involved and a proper understanding of what needs to happen within the required time limits. This is where using a specialist workplace injury solicitor makes a huge difference.
Faulty Equipment Injury Advice from Bakers
At Bakers we pride ourselves on our experience and success in representing claimants who have been injured at work through no fault of their own, helping them to receive compensation that they are properly entitled to. Our professional, friendly team will give you an honest, free and ‘plain English’ appraisal of your claim and we love to delight our clients when they receive the injury compensation they deserve.
If you would like us to handle your personal injury compensation claim, you can contact us online or by phone on 01252 744600.