Faulty Work Equipment Compensation | No Win No Fee
Faulty Work Equipment Compensation
Workplaces can be risky, and you have the right to feel safe at work. You should be able to work in an environment with minimal chances of injuries or illness. Employers are legally and morally obliged to the duty of care towards their employees. So if you’ve suffered an injury while working at a faulty machine/equipment, you can file a claim for faulty work equipment compensation.
Accidents and injuries can occur in factories, offices, or shops. Sometimes these accidents occur by using poorly maintained equipment.
Accidents involving faulty equipment
Sometimes it becomes impossible for an employer to eliminate all the risks at the workplace as certain work facilities require working in risky conditions. However, the risk can still be minimized by taking safety and precautionary measures keeping you safe wherever possible.
Employers are required to follow work-related laws like:
The Health and Safety at Work etc. Act 1974 – This law protects the rights of employees against injuries incurred due to negligence by the employer. The injured person can file a compensation claim as per this act.
The Provision and Use of Work Equipment Regulations 1998 (PUWER) This law protect the rights of the employees working on equipment owned by their employers or third-party equipment not owned by their employer. The employees can file compensation claims under these conditions.
The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER). This regulation involves lifting equipment, Pressure Equipment, and Personal Protective Equipment.
You can file a compensation claim for injuries incurred by a piece of equipment that didn’t operate in the way it was designed.
Types of injuries for faulty work equipment Compensation
Faulty equipment can cause mild to severe injuries depending on the circumstances.
Some common injuries caused by faulty equipment are:-
- Severe cuts and amputations from cutting equipment
- Blunt force injuries caused by falling items
- Electric shocks from loose wires or outlets
- Burns from hot appliances and tools
Mild injuries take less time to recover and may attract less compensation. However, some injuries can also be severe and long-lasting. Irrespective of the seriousness of the injury, you can always file a negligence claim against your employer if it’s the fault or negligence by your employer.
Workplace health and safety statistics
Statistics from the Health and Safety Executive:
- More than 1 million working people are suffering from work-related illnesses.
- More than 2400 deaths due to past mesothelioma related asbestos exposures (2018)
- More than 110 workers killed at work (2019/20)
- According to a survey by Labour Force, around 600 thousand people got injured at work.
- Loss of around 3 million working days due to injury at the workplace or work-related illness.
How to file a faulty compensation claim
Your employer’s negligence must be proved to make a successful claim. It means your personal injury solicitor needs to prove:
- That the fault in the equipment was due to your employer’s negligence
- That there was already a possibility of injury and reported before as well.
- That the injury resulted directly from the faulty equipment and not by the employee’s own mistake.
You should file a compensation claim as soon as possible as evidence plays a vital role, and collecting evidence becomes more accessible at the initial stages. Any medical records following the accident, any entry in the workplace accident book, contact details of eyewitnesses, photographic or CCTV footage evidence of the circumstances of the accident.
Your employer is bound by law to furnish the CCTV footage of the last 40 days.
Claiming in case, I was partly responsible
While most negligence claims make it mandatory to have someone’s fault in the injuries, it may also happen that the person injured was also partially responsible for the injuries incurred. If it is proved that you didn’t follow safety procedures, but the employer accepts that the equipment was also faulty, this becomes a contributory negligence case.
It means your employer would not be entitled to pay you the total compensation amount. Instead, you will get a reduced amount that indicates you were also responsible for your injury, and the employer was not entirely responsible.