When Can You Claim For Faulty Machinery At Work That Caused An Injury?
If you have been injured by faulty machinery at work, we could help you claim compensation.
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When Can You Claim For Faulty Machinery At Work That Caused An Injury?
If you have been injured by faulty machinery at work, we could help you claim compensation.
Have you been injured due to faulty equipment at work because your employer breached their duty of care? If so, you might be wondering ‘When can you claim for faulty machinery at work?’. Read on to find out whether you could be eligible to seek personal injury compensation.
We start by explaining who could qualify for starting a personal injury claim after accidents at work involving faulty machinery. Additionally, we look at the duty of care your employer owes you with regard to your health and safety at work. Then, we offer examples of injuries that can be caused by faulty and defective machinery in the workplace if your employer breaches their duty.
To help you put together your best case, we explain the evidence that you can assemble. In addition to this, we explain how compensation is calculated and what a payout following a successful defective work equipment claim could comprise.
The guide ends by explaining how our solicitors can help you claim with a type of No Win No Fee agreement. This could enable you to seek legal representation without the worry of upfront or ongoing costs.
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To find out more, you can speak to our dedicated team of advisors. They offer a free and immediate case check and can answer any questions you have about claiming after being injured by defective equipment or faulty machinery at work. You can reach them via the following contact details:
- Ring us on 0151 375 9916.
- Start a conversation through our online chat service.
- Use our ‘Contact Us’ form to write a message.
When Can You Claim For Faulty Machinery At Work That Causes An Injury?
Your employer owes you a duty of care as described under the Health and Safety at Work etc. Act 1974 (HASAWA), one of the central pieces of workplace health and safety laws. It requires them to take reasonable and practicable steps to prevent you from experiencing harm whilst carrying out your work-related duties as an employee.
An employer can uphold this duty of care to employees by, for example:
- Carrying out regular risk assessments. If a hazard is detected in the workplace, they should remove the risk of injury it poses, or if this isn’t possible, reduce the risk as much as possible.
- Providing essential and correct personal protective equipment (PPE).
- Making sure all staff are given adequate training to do the job they’ve been asked to.
Additional health and safety regulations, such as the Provision and Use of Workplace Equipment Regulations 1998 (PUWER), place duties on those who own, operate, or have control over work equipment. It also places responsibilities on businesses and organisations whose employees use work equipment whether they own it or not.
If there is a failure to uphold their duty, and you suffer harm due to faulty equipment at work, you may wonder whether you could make a faulty equipment injury claim.
To be eligible to do so, you need to prove negligence. In tort law, this means:
- You were owed a duty of care at the time and place you were injured.
- A breach of this duty of care occurred.
- As a result, you suffered physical and/or psychological harm.
How Long Do I Have To Make An Accident At Work Claim?
There is also a personal injury claims time limit for starting legal proceedings as outlined in the Limitation Act 1980. This is usually 3 years from the date of the accident. However, exceptions can apply, such as for those under the age of 18 or those who have a reduced mental capacity to claim compensation.
You can check with us to see how long you have to begin your personal injury claim and whether any exceptions apply. You can also discuss when can you claim for faulty machinery at work by getting in touch with one of our advisors on the number above.
Examples Of Injuries Caused By Defective Machinery At Work
Below, we look at some examples of how a breach of duty could lead to an accident and injury involving faulty machinery:
- An employee falls and suffers a severe back injury at work because they were supplied with a faulty ladder to use despite the employer being aware of the defect.
- A fault is reported with a forklift truck but the employer takes no steps to address the issue. They instruct their employee to use the equipment anyway, which leads to a forklift accident and the employee suffering serious soft tissue injuries and broken bones.
- Machinery in a factory isn’t properly maintained or inspected regularly. As a result, an employee suffers life-threatening injuries, such as a traumatic amputation injury in a factory accident.
It’s important to note that not all accidents at work involving defective machinery will form the basis of a valid faulty equipment claim. You must be able to prove employer negligence occurred.
If you’re wondering ‘When can you claim for faulty machinery at work?’ and would like to discuss your specific case, call our team. They can advise you if your claim is eligible and potentially refer you to one of our solicitors to help.
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What Evidence Could Help You Claim For Injuries Caused By Faulty Equipment At Work?
Evidence can help when you claim for faulty machinery at work that caused you an injury. It can show how an employer breached their duty of care and caused you to suffer harm. So, to give your claim its best chance, you could benefit from gathering the following:
- Photographs of the cause of your accident and pictures of your visible injuries.
- Copies of medical reports from the hospital, A&E or your GP. You can acquire these when you seek medical attention for your injuries.
- Contact details for anybody who saw the accident. This is so witness statements can be taken if needed at a later date.
- A copy of the accident report from the accident at work book.
- CCTV footage that shows what happened.
If your defective machinery compensation claim is taken up by one of our solicitors, they can help you collect evidence as part of the many services they offer. Find out if you could benefit from their services by calling on the number above.
Calculating Compensation For A Defective Equipment Claim
The value of personal injury claims varies according to the individual circumstances of the case. However, typically, if you make a successful faulty machinery at work claim, you could receive a payout comprising up to two heads of loss.
General damages compensate you for the physical pain and mental suffering caused by the faulty machinery accident. Those tasked with valuing general damages can look at medical evidence, such as a report from an independent medical assessment. If you choose to work with a personal injury solicitor, they can arrange this assessment for you during the claims process.
The medical report can then be compared with injuries listed in a publication called the Judicial College Guidelines (JCG). The JCG contains guideline award brackets for a variety of injuries.
Whilst we have used these figures to create the table below, they are intended only as guidelines. Also, the first line in our table does not come from the JCG.
Compensation Table
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Multiple Serious Injuries And Special Damages | Up to £1,000,000+ | A combination of multiple serious injuries and financial losses, such as lost earnings and travel costs. |
| Very Severe Brain Damage (a) | £344,150 to £493,000 | There is a need for full time professional care, and while there may be some response to basic instructions, there is barely if any response to surroundings. |
| Moderate Brain Damage (c) (iii) | £52,550 to £110,720 | There is a small risk of epilepsy and concentration and memory are affected, leaving the ability to work reduced. |
| Severe Back Injuries (a) (iii) | £47,320 to £85,100 | Chronic conditions and disability caused by fractured discs, disc lesions, and soft tissue injuries. |
| Total Loss Of Hearing In One Ear (c) | £38,210 to £55,570 | Associated problems such as tinnitus, headaches, and dizziness may arise. |
| Less Serious Leg Injuries (c) (i) | £21,920 to £33,880 | Serious soft tissue injuries or fractures that do not completely recover. |
| Moderate Foot Injuries (f) | £16,770 to £30,500 | Permanent deformity and disability caused by displaced metatarsal fractures. |
| Hernia (a) | £18,180 to £29,490 | Even after repair, there is continuing pain that limits physical activity. |
| Simple Forearm Fractures (d) | £8,060 to £23,430 | Simple fractures to the forearm. |
| Moderate Shoulder Injuries (c) | £9,630 to £15,580 | Limited movement, pain, and disability caused by frozen shoulder. |
Financial Losses In Faulty Work Equipment Claims
You could be awarded compensation to reimburse any financial losses caused by your injuries under special damages. Some examples of the losses you could claim back include:
- Medical expenses, such as for prescriptions you have had to pay for.
- Transport costs, such as bus fares to and from hospital appointments.
- Domestic care costs.
- Home or vehicle adaptation costs.
- Lost income if you were unable to work due to your injuries.
You would need proof of these losses to claim them back, such as receipts, invoices, and payslips.
For more information about how much compensation you could be owed when you claim for faulty machinery at work successfully, speak to our team now.
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We pride ourselves on providing the best service possible for our clients.
When Can You Claim For Faulty Machinery At Work On A No Win No Fee Basis?
There are several ways you could benefit from starting a personal injury claim with one of our solicitors. They have experience handling claims for workplace accidents and can guide you through the different stages of the claims process.
Additionally, they can offer their services through a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This typically means:
- There are no fees needed for a solicitor’s services upfront, during the claims process, or if the defective equipment accident claim fails.
- If your claim has a successful outcome, you’ll pay a success fee from the compensation that has been awarded to you. This is deducted as a percentage. To ensure that you receive the most of your settlement, this percentage is capped by law.
Contact Us
Why not check to see if you are eligible to work with one of our experienced workplace accident solicitors now? Or, you could learn more about when you can claim for faulty machinery at work caused by a breach in health and safety by speaking to our advisors.
To reach them, you can:
- Call 0151 375 9916 and speak with our advisors.
- Use our ‘Contact Us’ form to drop us a message.
- Try our free live chat service to discuss claiming for faulty work equipment injuries.
Read More About Making A Claim For Faulty Machinery At Work
Below you’ll find some other helpful articles:
- Guidance on making slip, trip and fall in the workplace compensation claims.
- Information on claiming for a manual handling accident in the workplace.
- Details on your rights after an accident at work including when you might be eligible to claim compensation.
Also, you can find some helpful external resources:
- Information on first aid from the NHS.
- Advice on equipment and machinery at work from the Health and Safety Executive (HSE).
- Find out if you could claim Statutory Sick Pay (SSP) in this Gov.UK guide.
Thank you for reading our guide answering the question, ‘When can you claim for faulty machinery at work?’. If you need any other information, please get in touch using the number above.
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