Workplace injury claims: Compensation for faulty equipment injuries

Accidents at Work: claiming for injuries caused by faulty equipment

Understanding workplace injury claims

Workplace injuries caused by faulty equipment can be life-altering, leading to physical, emotional, and financial distress. If you have been injured due to defective machinery, tools, or equipment, you may be eligible to make a workplace injury claim. Employers have a legal duty to ensure all equipment is safe for use and properly maintained. When they fail in this responsibility, injured employees have the right to seek compensation.

Every year, thousands of employees suffer workplace injuries due to defective or poorly maintained equipment. These incidents can happen in various industries, including construction, manufacturing, warehouses, and even office settings. If you have suffered an injury due to your employer’s negligence, understanding your rights and the claims process is crucial.

Common causes of faulty equipment injuries

Defective or poorly maintained equipment can pose serious risks. Some common causes of workplace injuries related to faulty equipment include:

• Defective machinery or tools: Manufacturing defects or design flaws can make equipment unsafe to use.
• Poor maintenance: Employers are responsible for ensuring equipment is regularly serviced and in safe working condition.
• Electrical faults: Faulty wiring, damaged cables, or electrical malfunctions can cause serious injuries, including electric shocks and burns.
• Lack of safety features: Machinery without proper guards, emergency stop buttons, or fail-safes can increase the risk of accidents.
• Incorrect usage due to lack of training: If employees are not trained properly, they may misuse equipment, increasing the likelihood of injury.

Employers’ legal responsibilities

Employers have a legal duty to protect employees from harm under various UK health and safety laws, including:

• Provision and Use of Work Equipment Regulations (PUWER) – Requires employers to ensure that all work equipment is suitable, safe, and maintained in good condition.
• Health and Safety at Work Act 1974 – Places a duty on employers to protect the health, safety, and welfare of employees.
• Management of Health and Safety at Work Regulations 1999 – Requires risk assessments and safety measures to prevent workplace injuries.

Steps to take after an injury

If you have suffered a workplace injury due to faulty equipment, follow these steps:

1. Report the incident: Notify your employer and ensure it is recorded in the workplace accident book.
2. Seek medical attention: Even if the injury seems minor, it is crucial to get a medical assessment.
3. Gather evidence: Take photos of the faulty equipment, your injuries, and collect witness statements.
4. Seek legal advice: Contact a solicitor specialising in personal injury claims to assess your case.
5. Bring your claim: Your solicitor will help you submit a compensation claim against your employer or their insurer.

What compensation can you claim?

The amount of compensation you receive depends on the severity of your injury and its impact on your life. Compensation can cover:

• Medical expenses: Covering treatments, surgery, rehabilitation, and medication.
• Loss of earnings: Compensation for wages lost due to time off work.
• Ongoing care and rehabilitation: If you require long-term treatment or therapy.
• Emotional distress and suffering: Psychological impacts such as anxiety or PTSD.

Case Study: Successful workplace injury claim

Kieran’s Story: For approximately four months Kieran had been working as a stonemason for a large company. One of his duties was to buff and polish headstones, which required the use of a multi-function hydraulic press machine. Kieran was given very limited training on how to use the machine safely, but despite this, he was instructed to use it all the same.

As Kieran went to change the pads on the machine, he accidently knocked the switch which caused the machine to engage and crush both of his hands, causing severe injuries to three fingers.

As a result of the accident, Kieran required surgical operations to both hands resulting in the partial amputation of three of his fingers. Kieran was unable to work for approximately 14 months and required a significant amount of care and assistance from family members whilst he was unable to use both hands.

Liability was strongly denied by the defendants and witness statements were obtained from Kieran’s colleagues about the lack of training and the lack of a guard over the switch of the machine to prevent it being engaged accidentally.

Court proceedings were issued and medical evidence was obtained from a plastic surgeon, clinical psychologist, and a pain specialist. Settlement was achieved by Fosters Solicitors for the sum of £46,000.

Frequently asked questions

Can I claim if I am partly responsible for the accident?

Yes, you may still be eligible for compensation. The claim will be assessed on a “contributory negligence” basis, meaning the compensation may be reduced based on the extent to which you contributed to your accident.

Will making a claim affect my job?

Legally, your employer cannot dismiss or treat you unfairly for making a legitimate claim. If they do, you may have grounds for an unfair dismissal claim.

Is there a time limit for making a claim?

Yes, you typically have three years from the date of the accident to make a claim. If the injury was discovered later (such as repetitive strain injuries), the three-year period starts from the date of knowledge that you had suffered an injury – for example, when you received a diagnosis.

Get expert legal support

If you have suffered a workplace injury due to faulty equipment, seeking expert legal advice can help you secure the compensation you deserve. Contact a trusted solicitor to discuss your case today.

Our Personal Injury experts can help you pursue a claim for compensation if you have been injured or become ill as a result of your job. We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you have a claim, please do contact us, again completely without obligation.

We are also able to discuss how you can cover the cost of a claim, including through a ‘no win no fee’ agreement.

Contact us for more information.

 

This article was produced on the 2nd April 2025 for information purposes only and should not be construed or relied upon as specific legal advice.