Defective work equipment compensation claims
Defective work equipment can cause serious injury and even death. The employer is responsible for ensuring that all equipment, whether it's tools, electronic equipment or safety gear, have been properly maintained and are checked on a regular basis.
At Stephensons, our specialist defective work equipment solicitors will investigate whether your employer knew or should have known about the faulty equipment before your accident occurred, and if they did have the knowledge, we will question why measures were not put in place to repair the equipment and avoid your accident.
Defective work equipment employer’s responsibility
Your employer has the duty to ensure you are safe whilst at work and while using any equipment you may need to complete a job and to do the following:
- Ensure that adequate risk assessments are in place
- Ensure regular and adequate maintenance and inspection of machinery and equipment is carried out
- Ensure that personal protective equipment has been provided if required
- Ensure that you are provided with a safe system of work
- Ensure any safety gear used are maintained and inspected
If you or your loved one have sustained an injury through no fault of your own call us on 01616 966 229.
Defective work equipment claims FAQS
For more information on defective work equipment claims please read the below FAQs. If you have a question that is not answered below, then contact our Legal 500 recognised solicitors on 01616 966 229.
Can I make a defective work equipment claim if I am injured as a result?
If you are injured due to faulty work equipment, then it may be possible to make a defective work equipment compensation claim. No matter your level of injury, you are entitled to compensation if you have been injured at work and it was not your fault. Speak to our solicitors if you think you have a claim.
Once we have established if you have a claim, we’ll get in touch with your employer and ask if they accept liability for the accident. If necessary, we’ll attempt to secure an interim payment to ensure any medical care can be paid for and that your expenses are covered if you have been unable to work. This payment will come out of your final compensation award.
Whether or not your employer accepts responsibility, we will have to gather evidence from a number of experts, typically, medical professionals and health and safety specialists. An independent medical expert will assess your injuries and determine what, if any, future treatment or rehabilitation will be needed. An independent safety expert will analyse why your accident happened and may also make recommendations on how this can be avoided in the future. This information will help us calculate how much compensation we will ask for.
Will I have to go to court for a defective work equipment claim?
We always try to avoid going to court and aim to settle with your employer outside of court. However, if your employer disputes your claim or does not agree with the level of compensation, we think you need, your case may end up in court. However, the choice of going to court will lie with you and we will advise you on the best course of action.
Can I make a claim for someone who was killed by defective work equipment?
You can make a defective work equipment claim or faulty work equipment claim if a loved one is killed as a result. Under the law, work accidents fall under personal injury claims, this means you will have three-years from the date of the accident to start your claim, so speak to one of our expert solicitors as soon as possible on 01616 966 229.
How much compensation do you get for faulty work equipment claims?
Compensation is generally calculated by taking in a number of factors including:
- Loss of earnings – including whether you can return to work, will receive a pay cut due to not being able to return to the same job or have had to miss significant time off work due to your injuries
- The seriousness of your injury
- The impact it has had on your life
- Out of pocket expenses
- The kind of treatment or rehabilitation will be needed in the future to help your recovery
The aim of personal injury compensation is to put you at the same or similar point you were before the accident took place.
if you want to make a faulty work equipment compensation claims, contact your experienced accident at work solicitors today on 01616 966 229.