Defective Machinery Claims

What is Defective Work Equipment?
Employers are required to take certain steps in relation to the health and safety of their employees if they provide equipment for use at work, or have control of the use of equipment. These rules apply to any equipment used by an employee whilst at work. In summary, employers should ensure that the work equipment provided is:

  • suitable for use and for the purpose and conditions in which it is to be used 
  • maintained in good working order and repair and in safe condition for use, so that health and safety is not at risk 
  • inspected regularly to ensure that the equipment is and continues to be safe for use
  • withdrawn from use if faulty or defective, until it has been repaired or replaced 

In addition, employers should ensure that employees are fully trained in how to use the equipment, and are made aware of any potential risks to their health and safety. Measures must be taken to protect against dangerous parts and protective personal equipment provided if needed. 

Any work equipment that falls fouls of these rules could result in personal injury and your employer could be liable. 

Who is affected by Defective Work Equipment?
Work equipment is used by a wide variety of trades and professions. It is important that this equipment is in full working order and suitable for the job in hand. Unfortunately, that is not always the case and faulty or defective work equipment can cause serious injury. 

Dangerous machinery is a common cause of injury. There are many workplaces in the UK where machinery is used by employees on a daily basis. Most machinery is dangerous if not used properly, maintained or guarded.   

What can I do?
If you work with machinery you should ensure that you receive training from your employer on how to operate the machinery correctly, and that you have been provided with the relevant personal safety wear necessary to operate the equipment, such as gloves or goggles.  

As an employee, you have a duty to look after your own health and safety whilst at work, as well as the health and safety of other people in the workplace that could be affected by your actions. It is important that you report any defective work equipment to your employer as soon as possible. You should also ensure that you follow all health and safety policies that your employer has put in place, as well as adhering to your training. Remember, whether you work for a company or are a self-employed contractor, everyone is required to receive training on the use of all equipment that they use. You should ensure that you use all safety equipment provided to you in accordance with this training. 

How can claiming for compensation help me?
The majority of injuries that occur due to dangerous work equipment involve the hands and fingers. Machinery can crush, trap or cut body parts which come into contact with it. injuries range from minor cuts and bruises to serious fractures and even amputations. In some serious cases, workers have been killed as a result of dangerous machinery. 

If you have suffered personal injury as a result of dangerous, faulty or defective work equipment you may be able to make a claim for compensation. You may also be able to make a claim if your employer failed to provide you with personal protective equipment to protect you from risks to your health and safety. You may be entitled to compensation if you are a relative of someone who has died as a result of coming into contact with dangerous work equipment.

Suffering an injury at work can have serious consequences for you and your family, with many people having to survive on limited sick pay following an accident. Pursuing a claim will not only ensure that you are properly compensated for your injury, but will mean that you are reimbursed for any losses and expenses that you have incurred. This includes any lost earnings of future loss of earnings if your injury means that you have to take time off work or cannot return to work at all, as well as the cost of medical treatment and travelling to appointments. 

Claiming compensation will also give you access to the best rehabilitation and treatment providers to maximise your recovery following the accident. The NHS provides excellent care at the acute stage following an injury, but long term rehabilitation can be lacking. Making a successful claim for compensation will mean funding is made available for a range of expert input where appropriate. 

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