Defective Work Equipment

Can I claim compensation if I was injured by defective equipment at work?

If you have been injured because equipment you were using at work was defective, unsafe or unsuitable, you may be able to make a personal injury claim. Employers have responsibilities to ensure that work equipment is suitable for its intended use, properly maintained and safe for employees to use. This can include making sure equipment is inspected where necessary and that employees receive appropriate information, instruction and training.

A claim will depend on the circumstances of your accident and injury. If you are unsure whether you have a claim, our personal injury solicitors can discuss what happened and advise you on your options.

What counts as defective work equipment?

Work equipment covers much more than heavy machinery. It can include machinery, appliances, tools, apparatus and installations used at work. Defective equipment could include a machine with a missing or inadequate guard, a faulty power tool, damaged electrical equipment, unsuitable protective equipment or even defective office equipment such as a chair.

Equipment may become unsafe because it is damaged, poorly maintained, incorrectly installed or unsuitable for the task. In some cases, the problem may have existed from manufacture.

Who is responsible if faulty work equipment causes an injury?

Responsibility will depend on how the accident happened and who supplied or controlled the equipment. Employers have legal duties concerning the work equipment used by their employees. These include ensuring equipment is suitable, maintained in a safe condition and, where appropriate, inspected.

However, an equipment defect does not necessarily have to have been created by your employer. For example, defective equipment may have been manufactured incorrectly or supplied by another company. Our solicitors can investigate the circumstances of the accident and identify who may be legally responsible for your injury.

Can I claim if my employer did not know the equipment was faulty?

Potentially, yes. The fact that an employer says they were unaware of a fault does not automatically prevent you from making a claim.

Employers have responsibilities relating to the selection, maintenance and, where required, inspection of work equipment. A defect can also originate elsewhere, such as with a manufacturer or a company that supplied equipment for hire.

Whether you can claim will depend on the circumstances, including how the defect arose, whether appropriate checks and maintenance were carried out and how the equipment came to be used. Our personal injury team can investigate these issues and advise you on whether you have grounds to pursue compensation.

What evidence do I need for a defective work equipment claim?

The evidence required will depend on the accident, so do not worry if you do not have everything before speaking to a solicitor. Useful evidence can include photographs or video of the defective equipment and accident location, details of witnesses, accident book entries and correspondence relating to the incident. Maintenance and inspection records may also be relevant.

Medical evidence is normally required to establish the nature of your injuries and their likely impact. Evidence of financial losses, such as payslips, receipts and invoices, can also help establish the losses resulting from your injury. We can advise you on the evidence needed and help obtain relevant information as part of your claim.

How much compensation could I receive for an injury caused by defective work equipment?

The amount of compensation you could receive will depend on your individual circumstances, so there is no single figure that applies to defective work equipment claims. Your compensation can take account of the pain, suffering and loss of amenity caused by your injury, as well as its severity and whether you are expected to make a full recovery.

You may also be able to recover financial losses resulting from the accident. These could include past and future loss of earnings, treatment and rehabilitation costs, travel expenses, care and assistance, and other reasonable expenses caused by your injury. We will assess the circumstances and losses involved when advising you on the potential value of your claim.

How long do I have to make a defective work equipment claim?

There are legal time limits for bringing personal injury claims, generally speaking, an injured adult has 3 years from the date of their accident to either settle their claim or start court proceedings. This is called the limitation date. However, it is important to seek advice as soon as possible following an accident involving defective work equipment. The applicable deadline will depend on the circumstances of your case, and different rules can apply in certain situations. You should therefore not assume that you are either in or out of time without obtaining advice.

Starting the process early can also make it easier to investigate what happened and obtain evidence relating to the equipment, your workplace and your injuries. If you are unsure how much time you have left to make a claim, speak to our personal injury team as soon as possible.

Can I make a defective work equipment claim on a No Win No Fee basis?

We normally handle defective work equipment claims under a Conditional Fee Agreement, commonly known as a No Win No Fee agreement. This normally means that if your claim is unsuccessful, you will not have to pay our legal fees. If your claim succeeds, a success fee and any applicable insurance premium may be deducted from your compensation.

We will explain how the agreement works, including any potential deductions or costs, before you decide whether you would like us to proceed with your claim. We also offer a free initial consultation so that you can tell us what happened and receive initial advice about your potential claim.