defective work equipment claims solicitors

What constitutes defective work equipment?

Defective work equipment, as it pertains to workplace health and safety regulations, can be any tool, appliance, or machinery that an employer provides to aid an employee in their job which is not in satisfactory working condition. This could include machinery, handheld or power tools, factory equipment such as presses or drills, safety appliances, or mobile equipment. If such equipment is faulty, broken, or simply unsuitable for the task at hand, it can be considered defective. Equipment is also deemed defective if it does not function as per the manufacturer’s instructions.

Under the Provision and Use of Work Equipment Regulations (1998), employers are obligated to provide safe and satisfactory equipment. If an employee is injured due to the use of defective equipment provided by the employer, the injured party may be able to make a compensation claim. It’s important to note that even if the equipment was hired from an outside source, the employer retains the duty of care to ensure the equipment is safe.

Furthermore, under the Health and Safety at Work Act 1974, employers are required to maintain a safe working environment, which extends to the provision of safe equipment. If an accident occurs due to defective work equipment, the injured party may be eligible for compensation.

What type of injuries can be caused by faulty work equipment?

Faulty work equipment can lead to a wide range of injuries. These can range from mild injuries like minor cuts or sprains to severe, life-changing injuries. Some of the possible injuries include burns caused by overheating equipment or a fire sparked by faulty wiring. Electric shock injuries could occur due to defective wiring or lack of appropriate personal protective equipment, potentially resulting in burns, organ damage, cardiac arrest, or even death.

Soft tissue injuries which affect tendons, ligaments, and muscles can also be caused by defective machinery or tools, and in severe cases could result in long-term disability. Other potential injuries include back injuries due to falls or improper manual handling practices, crushing injuries from equipment malfunction, and in severe cases, disability or death resulting from falls, electric shocks, or crushing injuries.

Other injuries could be specific to certain types of equipment, such as injuries to the hands, eyes, and fingers from machine accidents, or injuries caused by unsafe work vehicles, defective electric equipment, drills and saws without appropriate safety guards, or old equipment that has not been inspected. Lack of proper training on the use of workplace equipment can also result in injuries.

Who is responsible for maintaining equipment within a workplace?

Under the Provision and Use of Work Equipment Regulations (1998), it is the employer’s responsibility to maintain safe and satisfactory working conditions for all equipment, including machinery, tools, appliances, or mobile equipment, in the workplace. This is in line with the Health and Safety at Work Act 1974, which mandates employers to ensure the safety of their employees, including the provision of safe working equipment. Even if the equipment was hired, the employer is still responsible for its maintenance and safety. Failing to do so could lead to a liability claim for defective work equipment.

What is employers’ liability insurance?

Employers’ liability insurance is a type of coverage that employers are required to have. It is designed to provide compensation for employees who sustain injuries or illnesses while on the job. If an employee is injured due to defective work equipment, they may be able to make a claim against their employer’s liability insurance. The insurance policy should cover legal costs and compensation payouts. This includes injuries caused by faulty machinery or tools, and applies even if the equipment was hired, instead of being owned by the employer.

What should I do if I get injured due to defective equipment at work?

If you have been injured at work due to defective or faulty equipment, the first thing you should do is seek medical attention. Afterwards, you should gather evidence such as medical reports, witness statements, CCTV or photo evidence, equipment inspection reports, or training records to support your claim. It is also advisable to consult a solicitor, who can help you make a compensation claim.

Your employer has a legal obligation under The Provision and Use of Work Equipment Regulations (1998) to provide safe, working equipment. If they fail to do this, they are violating this law. If you are injured, you could be entitled to compensation.

It’s important to note that you generally have up to three years after your accident or injury to make a claim. However, certain exceptions may apply, for instance, if you were underage at the time of the accident or if the injury resulted in you being ‘mentally incapacitated’.

Remember, you can also claim on a no win, no fee basis, meaning you will only pay legal fees if your claim is successful.

What are the time limits to make a defective equipment claim?

Typically, you have a period of three years from the date of the accident to make a claim for compensation due to defective work equipment. However, there are exceptions to this rule. If the symptoms of your injury didn’t appear until later, you may still be eligible to make a claim, provided you can provide evidence from a medical professional that the defective equipment was the cause of your injury or worsened a pre-existing condition.

Other exceptions include incidents or injuries that occur overseas, which may have differing time limits; if the injury results in you becoming mentally incapacitated, there is no time limit; and if you were under 18 at the time of the accident, a ‘litigation friend’ can represent you until your 18th birthday, after which you have three years to make a claim. Furthermore, if a design or manufacturing fault is discovered in the equipment, you have three years from the date the fault was uncovered to make a claim. It’s always recommended to begin a defective equipment workplace injury claim as soon as possible to assist in collecting the most relevant evidence for your case.

What are the responsibilities of an employer in relation to defective work equipment?

Under the regulations of the Provision and Use of Work Equipment Regulations (1998), the employer is obligated to provide safe and satisfactory working equipment to their employees. This includes machinery, tools, appliances or mobile equipment. If the equipment is defective, they are in violation of this law.

Furthermore, under the Health and Safety at Work Act 1974, employers bear the responsibility of ensuring the welfare of their employees. This calls for the provision of working equipment that is not faulty, broken or unfit for the designated task. Even if the equipment is hired, the employer is still tasked with maintaining the safety of the employees.

Employers are also required to conduct regular inspections of equipment, especially those that could deteriorate over time, and provide the necessary training to their staff on how to use the equipment safely, including awareness of the associated risks. They should also provide appropriate personal protective equipment, and promptly remove or replace any faulty equipment.

If an employer fails to uphold these responsibilities and an employee is injured as a result, the employee may be entitled to make a faulty equipment at work compensation claim.

Would pursuing a defective equipment claim endanger my job?

By law, your employer is obligated to provide you with safe, functioning equipment. If you have been injured due to defective machinery or faulty equipment, you can usually make a claim up to three years after the incident. It is within your rights to seek compensation, and doing so should not put your job in danger. It is your employer’s duty to keep you safe at work.

Can I claim for an injury if I was injured while inspecting or cleaning the equipment?

Yes, you can make a claim for an injury if you were injured whilst inspecting or cleaning the equipment. The Provision and Use of Work Equipment Regulations (1998) highlights that your employer must provide safe equipment that is in a suitable working condition. This includes during the maintenance or cleaning of the machinery or tools. If you were hurt because of defective equipment, you could potentially make a faulty equipment at work compensation claim. The scope of ‘using’ the equipment includes not just operating it, but also maintaining, repairing, cleaning, programming, setting, transporting, or modifying it. If faulty equipment has resulted in an injury, you could potentially make a compensation claim.

What law does an employer violate by providing defective equipment at work?

An employer that provides defective equipment at work breaches The Provision and Use of Work Equipment Regulations (1998). This legislation mandates employers to furnish employees with safe, satisfactorily functioning equipment, such as machinery, tools, appliances or mobile equipment. A violation of this law may entitle the affected employee to make a faulty work equipment compensation claim if they suffer an injury as a result. Furthermore, the Health and Safety at Work Act 1974 stipulates that employers have a duty of care to ensure the safety of their employees, which includes providing functional equipment. If the equipment is defective, faulty, or unsuitable for the task, it could lead to an accident and potential legal consequences for the employer.