Defective Work Equipment Claim
In the UK, employers have a duty to ensure that the work equipment they provide to you so that you can do your job, is safe and suitable for use.
There are regulations in place about the Provision and Use of Work Equipment which set out the duties of the employer.
Employers must make sure that tools and equipment are properly maintained and kept in good repair. They must also not ask you to do the job with a tool or equipment that is not suitable.
If you have been in injured in an accident at work which was caused as a result of using faulty or unsuitable work equipment, then you are entitled to make a claim for compensation.
See an example of how Levenes’ serious injury claim solicitors were able to help a client who sustained injury as a result of a defective equipment:
Defective equipment in the workplace
As stated above, whatever sector you work in, you are entitled to expect the equipment you use at work to be safe. Using tools or equipment that are not safe, is likely to result in injury sooner or later.
Many accidents occur because the work equipment has not been kept in proper repair and has not been maintained. Sometimes the equipment was never properly and safely set up.
In factories, machines should have guards in place so that employees cannot come in to contact with a dangerous part of the machine.
Often things go wrong when machines are not set up correctly. For example, a guard may be removed whilst maintenance or alterations are made to the machine and then not properly replaced. All too often, safety features of a machine are disabled because the machine will work faster without those features. The company has in mind the production from the machine and not the health and safety of their employees.
It does cost money for machines to be maintained correctly but companies who cut corners and only want to maximise their production put the health and even the lives of their employees at risk.
Spending money on maintenance and sometimes replacement of old equipment comes out of the profits of the company and as a result, the workplace is often unsafe because companies do not want to spend money in this way.
Unsuitable Work Equipment
Sometimes injuries occur when work equipment is not used correctly or is the wrong equipment for the job in hand.
Examples include using ladders when a stable platform would be the safer option, resulting in a fall from height.
Who is responsible for work equipment?
Any tool, piece of machinery or equipment that your employer provides to you at work is the responsibility of your employer.
Employers must make an assessment of the risk of injury to their employees from the use of any work equipment. The employer has the knowledge of how the work is done, in a way that employees do not.
Employers must also ensure that workers are properly trained so that they know how to use the equipment safely.
Employees are responsible for their own safety as well. For example, they should follow the training they are given in relation to the use of the equipment and if an employee notices that there is a defect in any work equipment, he should report the defect to management.
Health and safety at work is founded on the principle of risk assessment.
Almost all injuries can be avoided if the employer assesses the job in hand and makes sure that the equipment is safe to use.
In addition, the employer must regularly check the condition of all tools and equipment and repair or replace any equipment that is defective.
Why choose Levenes?
We work diligently for our clients to help them put their lives back together and at the same time obtain the maximum compensation. With us on your side, you can expect:
- Over 100 years of combined experience – We have proven results; we are lawyers who fight for you with a record of success.
- Strong litigators – We are not afraid to take your case to court if we have to. We stand up for the rights of the injured and not for the rights of the big corporations.
- Empathy – We pride ourselves on our compassion and understanding and we are easy to talk to. We always put your interest first and we treat you as our family.
- A personal approach – Your case will be handled directly by one our partners with support from our team of lawyers.
- A tailor-made approach – Every client is treated individually and not as a number, to achieve the best possible result that you deserve.
- Clear communication – We talk to you in a down to earth way. We avoid legal jargon unless it cannot be avoided, and if so, we explain things clearly and simply.
- Maximum compensation – We have the courage to fight for what you are entitled to.
- Full attention – We have the resources to focus on every detail of the case and consider every angle. We do not spread ourselves too thinly – you deserve our full attention.
Injuries caused by defective work equipment
All sorts of injuries are caused by defective equipment.
The most common types of injuries from defective work equipment are crushing and amputation injuries, often due to hands being caught by moving parts of machinery.
Other common injuries from defective equipment are electric shocks, burns and scarring as well as fractured bones. Falls from height due to defective ladders and scaffolding are also common and can lead to brain and spinal injuries. Eye injuries including blindness can occur when a defective part of a machine has projected from the machine and struck the employee in the face.
What can I claim?
We will assess your claim and advise you on what claims you can make.
These will include an award for pain and suffering which will be determined by the severity of your injury. In addition, claims for past and future financial losses can be made.
In summary, you can claim for:
- Pain and Suffering and Loss of Amenity.
- The Work at Height Regulations.
- Loss of Earnings.
- Care and Assistance.
- Medical Treatment and Rehabilitation.
- Travel expenses and Transport Costs.
- Special Equipment.
- Adaptations to your vehicle and home.
If you or a member of your family has suffered injury at work due to defective work equipment, please contact us and one of our experienced defective work equipment claim solicitors will be happy to speak to you and advise you about your case on a No Win No Fee basis.