Defective Equipment Claims

Making a defective work equipment claim

You should be safe when you go to work. This means the equipment you use should be properly maintained and working effectively.

But sometimes it isn’t.

Work equipment – from machinery to tools to PPE – needs maintenance and care in order to work properly. If the right attention hasn’t been paid to it, problems can crop up. And those problems can cause accidents.

The Health and Safety Executive (HSE) reported that in 2022/23, 9 people died after coming into contact with moving machinery, highlighting just how dangerous your work equipment can be.

So if you’ve suffered from an injury caused by defective work equipment, you could be able to make a compensation claim.

Who is responsible for my accident?

Your employer is responsible for ensuring that the equipment you use is safe. They are also responsible for carrying out risk assessments to identify the hazards posed to you by your work environment, which includes the equipment you use.

They are also responsible for training you in the correct use of any equipment you need as part of your role.

If your employer has failed in any of these duties, they can be held liable for any accidents that happen as a result. And that means you could make an accident at work claim against them.

We know that it might be intimidating to make a claim against your employer. But they are required to have insurance in place to cover incidents like this. So you won’t be claiming directly from your employer – their insurer will be the one to pay your compensation.

And you shouldn’t worry that you’ll lose your job if you make a claim. Ending your employment for claiming will open up your employer to claims of unfair dismissal.

How can I fund a defective work equipment claim?

In most cases, our solicitors will be able to take your claim on under a No Win No Fee agreement. That means you won’t have to pay anything upfront, letting you focus on your recovery rather than having to find the money for a legal claim.

You also won’t have to pay anything if your claim is unsuccessful. This ensures there is no financial risk to you for pursuing what you could be entitled to.

If you win your claim, you’ll pay your solicitor a success fee. This will usually be 25% of the compensation you’re awarded. It won’t be any more than that and your solicitor will let you know at the beginning of the process so there won’t be any surprises.

How much compensation will I receive?

Every accident and every injury is different. That means that without an initial chat with you, we won’t know exactly what you could receive in compensation.

You’ll be entitled to compensation that covers:

• Accessibility adaptations, including mobility aids
• Any loss of earnings
• Damage to your personal property
• Medical treatment expenses
• Pain and suffering from the injury
• Travel to and from medical appointments

You may be able to recover compensation for other losses. Your solicitor will be able to give you a clearer idea of what you might entitled to.

How long do I have to make a defective equipment claim?

In most instances of an accident at work, you’ll have three years to make a claim. Although this may sound like you have plenty of time, you should always start your claim as soon as you can. There are some exceptions to the rule, so if you’re not sure whether you can claim, just get in touch.

This is because the sooner you try to access certain pieces of evidence, the more straightforward it can be. For example, getting hold of your workplace CCTV footage can be easier if you request it quickly.

You might also find it easier to recall the details of your accident if you start the claim process as soon as you can. It could be the same for any witnesses that you get a statement from.

What is the process for a defective equipment claim?

After you’ve got the medical attention you need and reported your accident to your employer, you can start thinking about whether you want to make a claim.

The first thing to do is get in touch with the expert team at First4Lawyers. We’ll take some initial details from you and let you know whether we think you have a strong claim. If we do, we’ll match you to one of our specialist solicitors, who will then discuss your claim with you.

They’ll then take over your claim management. They’ll investigate what happened, put together the evidence – which will usually include a medical report from an expert – and present your claim to your employer’s insurer.

While they’re working on your claim, the most important thing you can do is to respond quickly to any requests your solicitor has – from filling out and returning information forms to getting your medical booked.

Your solicitor will then negotiate with your employer’s insurer to get you the compensation you’re entitled to for what you went through.

To find out more about taking legal action for your accident, just give us a call or start your claim online.