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  • Defective Work Equipment Claims

Defective Work Equipment Claims

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When you go to work, you expect that the equipment and machinery you need to do your job will be fully working and suitable. Unfortunately, that’s not always the case. At best, it can be frustrating because you can’t do your job, but at worst it can be life-threatening as faulty or defective work equipment can cause a serious accident.

We have a dedicated team of solicitors who have helped many people make faulty equipment claims after being injured at work.

Our experience means that we know what steps your employer must take to ensure that the equipment you use at work is safe. We’ll work hard to find out whether your employer knew (or should have known) about the faulty nature of the equipment before your accident. Injuries are often caused by:

  • Poor maintenance/inspection of machinery
  • Inadequate personal protective equipment
  • Lack of a proper health and safety assessment
  • Lack of training or poor procedures in place for use of heavy machinery

As one of the largest personal injury teams in the UK, with a specialist team of work accident experts, you can rely on us to help you to claim compensation and ensure that you receive the medical support that you need. 

For a free initial consultation about making a defective work equipment claim, call us free on 0800 056 4110 or contact us online.

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Defective work equipment claims - more information

After you’ve contacted us, we’ll set up a free initial consultation to discuss how you were injured and what defects there may have been with your work equipment.  We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements* or Legal Expenses Insurance (LEI).

We’ll then get in touch with your employer or the manufacturer of the faulty equipment, at an early stage to see if they accept the blame for your injuries. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

Our lawyers will look into your case in detail, gathering evidence from independent medical professionals and health and safety specialists. These experts will analyse what might have happened to the equipment at work for example was it serviced regularly and maintenance kept up. Could it have been if more training was provided then the accident might not have happened?

We can determine any future implications to your health and advise on the care you’ll need in the future.

We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your employer doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

In very serious cases, it may be that someone has died as a result of equipment at work, health and safety failings or poor training by employers on the equipment an employee might be using.

If a loved one has died, our lawyers can help you with:

  • Recovering compensation - as a result of their death at work you may not have enough income to support you and your family
  • Representing you at inquest - an inquest is an important way to help employers and manufacturers of faulty equipment look at their policies, procedures and existing equipment. By conducting an inquest we can get independent answers for you and your family
  • Getting you the answers and apology you deserve from those responsible such as your loved one's employers or the manufacturer of the faulty equipment.

Our lawyers could also help you access a statutory bereavement award, which is separate to a claim for compensation. This is available if you’re the spouse, civil partner or parent (if they’re under 18) of the person who died.

The death of a loved one is never easy, our bereavement counsellors and support staff can help you in these situations.

You normally have three years to make a compensation claim, starting from the date of the defective equipment injuring you.

Depending on your injury, we may make a claim against your employer, or against the company which manufactured the faulty equipment. This may add complexity to your claim so the sooner we know about your injury, the easier it is to investigate the equipment, manufacture, training and other issues surrounding the accident.

If you were under the age of 18 when the accident happened – perhaps during work experience or an apprenticeship – the three year period begins on your 18th birthday. This means you have until you’re 21 to make a claim.

However, it’s important to contact us as soon as possible so that we can begin to investigate your claim. If you have questions or concerns about the time limits, please call us for free initial advice on 0800 056 4110.

client quote

I am now getting my life back on track. This settlement does not put things back to how they were, but at least it gives me some form of justice and allows me to rebuild my life.”

Stewart, client

Client Story

Defective Work Equipment Claim

Our client, R, was working as a metal press operator when his employer asked him to complete an order to a very tight deadline. The only way it could be done in time was to disable the safety mechanisms and load the machine manually. 

As our client was unloading a completed batch from the machine, it went straight into a second cycle and crushed his hand. Two of his fingers had to be amputated and he was forced to take 5 months off work. 

He was unable to return to work in the same role and his arthritis was made worse by the overuse of his remaining 'good' hand. This led to early retirement 2 years later - but because of the damage to his hand he was not even able to enjoy many of the hobbies he had been looking forward to devoting his time to. 

We conducted a full investigation into R's case and found that the company had been responsible for not making sure the right safety procedures were in place. At first his employers denied this responsibility, but after our investigation we were able to secure a settlement of £45,000. 

defective work equipment claim

"My injuries give me a lot of pain and mean I struggle with a lot of everyday tasks that people take for granted. I’m grateful to Irwin Mitchell for securing this settlement to help me access the funds I need for rehabilitation to help me come to terms with my injuries.” -
R, client

Peter Lorence

“Cases like this demonstrate how crucially important it is for employers to provide their staff with a safe working environment. The loss of our client's fingers has completely changed his life and his plans for the future." -
Peter Lorence, solicitor

Read More Client Stories

Frequently asked questions

What constitutes employer negligence in defective work equipment claims?

You have a right to expect that your employer will take certain steps to protect you in the workplace, especially if you’re using potentially dangerous equipment.

Many workplace accidents involve a failure on the part of the employer to:

  • Keep work equipment in good working order
  • Regularly inspect any equipment that is likely deteriorate
  • Make sure you are trained in how to use equipment, and are aware of any risks/precautions
  • Protect you from dangerous machine parts by using fixed guards
  • Communicate any specific risks to you - identified by a risk assessment
  • Withdraw faulty equipment immediately until it’s been repaired or replaced

If your employer failed in any of these steps and you were injured as a result, you may be able to claim compensation.

In cases where the nature of the equipment’s fault is unclear, one of our solicitors will visit your workplace to have a look at the faulty item. If needed, we’ll use specialist engineers to test the equipment.

If you have any questions about employer negligence, please contact one of our legal advisers on 0800 056 4110 for a free initial consultation about making a claim.

What if the defective equipment had a manufacturing fault?

Sometimes workplace accidents are caused because of a manufacturing defect in a piece of equipment or machinery. Our lawyers are experienced in establishing whether the cause of your accident was employer negligence, or due to a manufacturing defect.

It may be necessary to carry out an on-site inspection, if the exact cause of your accident is unclear. If a manufacturing fault exists, your employer may still be liable under the Employers Liability (Defective Equipment ) Act 1969.

Depending on the circumstances, we may be making a claim against your employer, or against the company which manufactured the faulty equipment, or even a combination of the two.

If you have any questions about who was to blame for your accident, call our specialist legal advisers on 0800 056 4110 for a free initial consultation about your claim.

Why choose Irwin Mitchell?

Over the years our Workplace Accident team has helped many people claim compensation for their injuries. We know exactly how to investigate these kinds of incidents and secure justice for our clients.

Some of the injuries our Workplace Injury team commonly help clients claim compensation for include:

  • Amputation
  • Brain or head injury
  • Crush injury
  • Fracture
  • Internal injuries
  • Nerve or tendon damage

If you’ve been affected by an incident involving a faulty piece of work equipment, compensation can help:

  • Pay for private medical treatment to help you to recover as quickly as possible
  • Make up for lost income or loss of future income if your injuries stop you from working
  • Provide financial compensation for your loss if your loved one has died in an accident at work

By claiming compensation you will also help to make sure that the same thing does not happen to anyone else.

It’s important to get in touch with a solicitor as quick as possible after the accident, so that we can begin to interview witnesses and gather evidence for your claim. Please phone us on 0800 056 4110 for a free initial chat about your case.

Read More FAQs

Related Information - defective work machinery claims

Employment Our employment lawyers could help you defend your rights at work
Defective Products Claims Our dedicated Product Liability team can help if you’ve been injured by faulty equipment
Great Adaptations Find out how home adaptations can improve your independence after a serious injury
Factory Accident Claims We’ve represented workers who were injured in a factory, helping them claim compensation

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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