Defective Work Equipment Accident Claims

Compensation claims for defective work equipment accidents

//Defective Work Equipment Accident Claims
Defective Work Equipment Accident Claims 2018-11-08T12:09:12+01:00

Truth Legal solicitors can help you with defective work equipment accident claims today.

Phone 01423 788 538 now for a free, no obligation consultation.

Falling victim to an accident at work due to defective equipment can be particularly devastating. It can be hard to shake the feeling that it could have been so easily avoided if proper equipment had been provided.

It is your employer’s responsibility to ensure any equipment issued to you is fit for the purpose for which it is intended. 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.

Defective work equipment can cover many different situations:

  • 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 lacking 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 could easily cause a back injury if it broke whilst someone was 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.

Why should I claim compensation for a personal injury sustained at work?

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.

Choose Truth Legal to make your accident at work compensation claim

It is important to receive the best advice and legal support when making a personal injury claim. Truth Legal’s team of specialist solicitors have extensive experience of securing compensation for clients who have suffered an accident at work.

We are based in Harrogate with presences in York, Manchester, and London. We would like to sit down with you for a free, no-obligation consultation and to discuss any ways in which we can help you. Alternatively, we can speak with you over the telephone. Contact us now to begin your claim.

You can also switch an ongoing personal injury claim to Truth Legal. You are always entitled to choose the firm of solicitors you wish to handle your claim. If you are not getting the service you deserve from your current representatives – perhaps because your case-handler lacks experience of such claims, or they are running too many cases at once – you should consider switching or changing solicitors to Truth Legal. There are a raft of legal protections for employees at work and it is essential that your lawyers are fully aware of all the protections.

‘No Win No Fee’ accident at work 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, often but not always 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, unless you have the benefit of Legal Expenses Insurance (link).

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 may explain matters further.

Find out more…

For more information about claiming for an accident at work caused by defective equipment claims, or for advice on your situation, contact us today. We offer free initial consultations, with no obligation to proceed further.

Let us help you to claim the compensation you deserve.

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 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 relation to 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 equipment.
  • Conduct regular risk assessments.

Failure to do any of these, which lead to your injury, can often be strong support for a personal injury compensation claim.

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.

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 may 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 personal injury claim. If you are worried about time limits or you would like to discuss your case, please do not hesitate to contact us.

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