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.
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.
Recent success stories
Truth Legal recovers £30,000 for man hit by falling equipment at work
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?Catherine Reynolds2023-05-03T10:24:53+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.
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?Catherine Reynolds2023-05-03T10:23:11+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?Catherine Reynolds2023-05-03T10:22:23+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
In 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.
Read our extensive guide for more information on accidents at work claims.
Complete the callback request form and have one of our expert solicitors call you back about your case.
Alternatively, call us today on 01423 788 538.
Request a callback
We aim to call you back the same day.
"*" indicates required fields
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Facebook sets this cookie to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising after visiting the website.
This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.
1 year 1 month 4 days
Google Analytics sets this cookie to store and count page views.
Google Analytics sets this cookie for user behaviour tracking.n
Google Tag Manager sets the cookie to experiment advertisement efficiency of websites using their services.
This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the website is doing. The data collected including the number visitors, the source where they have come from, and the pages visited in an anonymous form.