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Defective Equipment Injury Claims

Claim compensation for injuries caused by defective equipment at work

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Catherine Reynolds

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Accident at work
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Defective Equipment Injury Claims

Claim compensation for injuries caused by defective equipment at work

Rated Excellent on TrustPilot

If you have been injured by defective equipment supplied to you at work, it can be hard to shake the feeling that it could have been so easily avoided.

Your employer has a responsibility to keep you safe, as far as possible, whilst at work, and to ensure that any equipment issued to you is fit for purpose. If they have failed in these duties, and you have been injured as a result, you may be able to make a claim for compensation.

At Truth Legal, our experienced personal injury lawyers can help you to recover the compensation you deserve.

Get in touch with us today for a free initial consultation to discuss your situation.

Making a defective work equipment injury claim

Defective work equipment can mean:

  • Equipment which is unsuitable for the task at hand – such as ladders which are too short or do not have the required stability.
  • Makeshift equipment – such as tools which have been adapted from others and put to a use for which they were never intended.
  • Equipment which lacks important safety features – such as machines without safety guards.

Although safety equipment (such as Personal Protective Equipment), machinery, and tools are perhaps the most dangerous things to be used in a defective state, the same principles apply to office equipment. For example, a defective office chair can easily cause back injuries, either over a period of time, or more immediately if it breaks suddenly whilst someone is using it.

If your employer has done everything they reasonably can to ensure the equipment is safe, but it still failed, then it may be possible to make a claim against the manufacturer of the equipment instead.

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Why should I claim with Truth Legal?

It is important to receive the best advice and legal support when making a claim for defective equipment injuries.

Truth Legal’s team of specialist personal injury lawyers have extensive experience of securing compensation for clients who have been injured in accidents at work.

We offer:

  • A free initial consultation – to discuss your circumstances.
  • Specialist technical knowledge and experience – so you can rest assured that your case is in the best hands.
  • Practical advice – tailored to your situation.
  • Strong representation – fighting for the compensation and outcome you deserve.
  • Support and compassion – friendly, knowledgeable professionals on your side through a difficult time.

If you’d like to know more about claiming with us, read our blog:

ARTICLE

5 Reasons Why Truth Legal Might Be Right For Your Personal Injury Claim

FAQ

Will making a claim against my employer put my job at risk?2023-05-03T10:26:06+01:00

Businesses are legally required to have employers’ liability insurance in place when they have people working for them. This insurance is intended to cover situations where employees have been injured whilst at work.

As such, even if you are making a claim against your employer, it should be their insurers would will deal with the claim and pay out any compensation to you – rather than your employer themselves.

You will also have legal protection from negative consequences. If you were fired because of your claim, you would have a strong basis to claim for unfair dismissal, as dismissing someone for asserting their legal rights is not valid grounds to do so.

What can be included in a defective equipment injury claim?2023-05-03T10:24:53+01:00

There are many different kinds of ‘loss’ which can be included in your claim, besides your injuries. It is very rare for your injuries to be the only loss you have suffered. Some standard categories of other losses are:

  • Medical expenses and treatment costs – These are often incurred during your recovery. It can include expenses such as painkillers or rehabilitation treatment.
  • Travel expenses – A number of journeys may become necessary due to the accident. Examples include attending your GP or hospital after the accident.
  • Loss of earnings – If you are unable to work for a time following the accident, your income may be reduced. This can cover many kinds of income such as: lost wages, bonus payments, commission, or anticipated earnings.
  • Care and assistance – Even relatively minor injuries can make you reliant on others in your daily life. You may be able to claim for the time and costs of friends, family, or healthcare professionals helping you.

The losses you claim will vary greatly upon your individual circumstances. Find out more about the diverse range of losses by downloading our free ebook: The Ultimate Personal Injury Compensation Guide.

How long do I have to make a defective equipment at work claim?2023-05-03T10:23:59+01:00

All personal injury claims have legal deadlines placed upon them. The normal time limit for personal injury claims is 3 years. This means a claim must be settled, or court proceedings commenced, within 3 years of the accident.

Exceptions can apply to the time limit, however, making the situation a bit more complicated. The best advice is to act as soon as possible if you believe you may have a claim. If you are worried about time limits or you would like to discuss your case, please do not hesitate to contact us.

Is it right to claim compensation for a personal injury sustained at work?2023-05-03T10:23:11+01:00

Claiming compensation is a way of taking positive action to repair your life after an accident. It can help with your recovery by giving you quick, and possibly free, access to treatment.

Sadly, some harm cannot be ‘fixed’ with any amount of money or treatment. But compensation can help you adjust to a new way of living, giving you the financial support you need.

Suffering an injury caused by defective equipment gives other reasons to take action. Your injuries should never have happened. You are entitled to compensation, and this acts as strong incentive to your employer to prevent such accidents happening to others. Your claim can force changes which will avoid similar harm in future, making your workplace a safer environment.

What do I need for a successful defective work equipment claim?2023-05-03T10:22:23+01:00

To make a successful claim against your employer for an injury sustained due to defective equipment, you must establish several things:

  • Your employer failed in their duty of care. This could be by supplying you with equipment which was in a poor state of repair, or which was not suited to the job.
  • Their failure caused your injury. You suffered your injuries as a direct consequence of the defective equipment.
  • The injuries and losses that you are claiming for are reasonable. In that they followed on from the accident and they are not excessive or speculative.

Employers have legal duties which require them to keep their workers as safe as possible in their place of work. In relation to the equipment they supply to their workers, they must:

  • Make sure equipment is suited to the task at hand.
  • Keep equipment properly maintained and in good condition.
  • Monitor how equipment is used and maintained.
  • Train workers in the correct use of the equipment.
  • Conduct regular risk assessments.

If your employer has failed to do any of these, and you’ve suffered an injury as a result, you will have strong grounds to make a compensation claim.

‘No Win No Fee’ defective equipment injury claims

Funding optionsIn most situations, Truth Legal can use a ‘No Win, No Fee’ agreement to fund your claim. This is a useful way to avoid the risk of paying legal fees if your case is unsuccessful, as, in all but very rare circumstances, you will not have to pay our fees if we do not recover compensation for you.

If we are successful, some money will be deducted from your compensation award to pay our fees in part. Most fees, however, are recovered from the party you are claiming from (or more commonly their insurers). This is the normal way in which ‘No Win No Fee’ Agreements operate.

Truth Legal always try to offer ‘No Win, No Fee’ Agreements wherever possible.

We will discuss funding with you in full before your claim begins. However, if you have any queries about our fees, please get in touch so that we can explain matters further.

Further reading

Read our extensive guide for more information on accidents at work claims.

Accidents at Work: A Legal Guide

Reading time: 28 minutes

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