Have you sustained harm in an accident at work due to faulty equipment? If so, you could be entitled to make an accident at work claim. This guide could help you understand when you might be eligible to seek compensation for the harm you experienced.
Can I claim compensation for an accident at work due to faulty equipment?
Additionally, you might be wondering:
- Why is reporting faulty equipment in the workplace important?
- What constitutes faulty electrical equipment?
- How much compensation may I get for a faulty electrical equipment injury?
This guide aims to answer your questions as well as look at examples of accidents at work and how they could occur.
We will also look at No Win No Fee solicitors and how their services can help you when seeking compensation for an injury sustained due to faulty or damaged equipment in work.
Read on to learn more. Alternatively, if you would prefer to speak to a member of our team, you can do so by:
- Calling the number at the top of the page
- Filling out our contact form
- Using the live chat feature in the bottom right of your screen
Choose A Section
- Explaining An Accident At Work Due To Faulty Equipment
- What Are Possible Workplace Accidents?
- Is An Employer Responsible After An Accident At Work Due To Faulty Equipment?
- Calculating Your Accident At Work Compensation
- What Is A No Win No Fee Agreement?
- Learn How To Claim For An Accident At Work Due To Faulty Equipment
Explaining An Accident At Work Due To Faulty Equipment
A work-related injury is defined as an injury or illness that has been caused, made worse, or considerably aggravated whilst in the workplace or whilst you were performing work-related duties.
If your employer is at fault for the incident and you have sustained injuries, you may be able to claim for the way the injuries have affected your life, including the physical, psychological, or financial impact they have had.
However, not all accidents at work form the basis of a valid claim. You must prove that your employer breached the duty of care they owed you and caused you harm as a result. We will explore the duty of care your employer owes in more detail throughout this guide. Please continue reading to find out more.
Alternatively, to find out whether you are entitled to make a personal injury claim for an accident at work due to faulty equipment, get in touch with a member of our team.
HSE Statistics Concerning Work Accidents
The Health and Safety Executive (HSE) collates statistics relating to accidents at work. As per the statistics, we can see the different kinds of accidents that were reported by employers in 2020/21 under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013:
- Contact with moving machinery
- Struck by a moving vehicle
- Trapped by something collapsing or overturning
- Exposure to a harmful substance or contact with it
- Contact with electricity or electrical discharge
- Exposure to fire
These are just examples and do not include an exhaustive list of accident kinds that were reported in 2020/21.
What Are Possible Workplace Accidents?
There are various ways an accident could occur due to faulty equipment. Examples of accidents at work include:
- An employee operates a forklift truck that’s faulty. As a result, they are unable to break causing them to collide with their co-worker. This results in both employees becoming injured in a factory accident.
- An employee uses a drill while working on a construction site. The drill was faulty resulting in the employee sustaining a puncture wound in their hand in a construction accident.
- An employee is provided necessary personal protective equipment (PPE), such as gloves while working with harmful substances. However, the gloves were defective causing the employee to develop occupational dermatitis.
If you have been involved in an accident at work due to faulty equipment, please get in touch with a member of our team.
Is An Employer Responsible After An Accident At Work Due To Faulty Equipment?
The Health and Safety at Work etc. Act 1974 outlines that all employers must ensure the health, safety and wellbeing of their employees. This accounts for the workplace, equipment, and environment.
This is a central piece of legislation that defines the duty of care that employers owe their employees. As part of their duty of care, they have several responsibilities. For example, your employer should carry out regular risk assessments and address any hazards they become aware of to reduce or remove the risk of employees sustaining harm in the workplace.
Additionally, the Provision and Use of Work Equipment Regulations 1998 sets out a responsibility for businesses and organisations whose employees use work equipment regardless of whether they own it or not. This duty extends to people and companies who operate or have control over work equipment. The Act requires certain standards to be met with regards to equipment provided for use at work, including that it’s suitable for the intended use.
A failure to comply with these pieces of legislation is a breach of an employer’s duty of care. If this breach causes you harm, this is known as negligence. If you can prove your employer’s negligence resulted in you sustaining an injury, you could be eligible to seek compensation.
How Can I Make A Workplace Accident Claim?
There are a number of steps you can take when making a personal injury claim after an accident at work. For example, you could:
- Gather evidence: This can include pictures of your injuries, witness contact details and pictures of the hazard that caused the accident.
- Attend an independent medical appointment: As part of the claims process, you may need to attend an appointment with an independent medical professional. This can produce a report on the full extent of your injuries, including the severity and future prognosis.
- Seek legal advice: You can call our team of advisors for free legal advice on your potential claim. They may also be able to connect you with a solicitor from our panel to offer a No Win No Fee service.
For more information on the steps you can take if you sustained harm in an accident at work due to faulty equipment, get in touch using the number above.
Calculating Your Accident At Work Compensation
If you make a successful claim, your accident at work compensation may be made up of two heads of claim.
Firstly, general damages accounts for any physical or mental pain and suffering endured as a consequence of the injury.
We have compiled a table using figures from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to aid them when determining the value of the general damages portion of settlements.
Despite these figures being based on previous court settlements, they should only be used as guidance. This is because each claim is unique, therefore, the personal injury claim payout you may receive could be different to what’s listed in the table below.
| Injury | Guideline Compensation Bracket | Additional Notes |
|---|---|---|
| Chest | £100,670 to £150,110 | (a) One lung is removed and there is serious damage to the heart resulting in prolonged pain and suffering as well as permanent scarring. |
| Brain | £90,720 to £150,110 | (c) Moderate (ii) Moderate to modest intellectual effect resulting in the capacity to work being considerably lowered or removed completely. |
| Neck | In the region of £148,330 | (a) Severe (i) Cases in this bracket include spastic quadriparesis that is permanent. |
| Arm | £240,790 to £300,000 | Both arms are amputated. |
| Leg | £240,790 to £282,010 | (a) Amputations (i) Both legs are amputated. |
| Back | £74,160 to £88,430 | (a) Severe (ii) Nerve root damage alongside loss of sensation, impairment of mobility and several other issues. |
| Shoulder | £19,200 to £48,030 | (a) Severe: Brachial plexus damage associated with a neck injury. |
| Hand | £140,660 to £201,490 | (a) Both hands are either totally lost or effectively lost. |
| Hand | £5,720 to £13,280 | (h) A moderate hand injury such as a crushed hand, penetrating wounds and deep lacerations. |
| Foot | £24,990 to £39,200 | (e) Serious injuries which are less severe than in higher brackets but still cause ongoing pain and the need for prolonged treatment. |
Additionally, you could receive special damages. This head of claim looks to compensate you for any financial losses you incur due to the injury. For example, if you injury results in you being unable to work, you could experience a loss of earnings which can be reimbursed under special damages.
Other losses that could be claimed back under special damages include:
- Home adaptations
- Care costs
- Medical expenses
However, you will need to provide evidence of losses, such as receipts and payslips.
What Is A No Win No Fee Agreement?
You may find it beneficial making a claim via a No Win No Fee method, such as a Conditional Fee Agreement (CFA).
Under a CFA, you do not have to pay for the legal services your solicitor provides if your case is not won. Although if your case is won, you will have to pay a legally capped success fee. This will be deducted from your compensation.
Start Your Work Accident Claim Today
For more information about whether you can claim for harm you sustained in an accident at work due to faulty equipment, get in touch with our team. You can do so by:
- Calling the number at the top of the page
- Filling out our contact us form
- Using the live chat feature in the bottom right of your screen
Learn How To Claim For An Accident At Work Due To Faulty Equipment
We have provided you with some additional reading:
- GOV – Compensation After An Accident Or Injury
- NHS – First Aid
- HSE – Employer’s Responsibilities
We have also included some of our own guides that you might find helpful:
- What is the time limit for an accident at work?
- What can we learn from accident at work claim reviews?
- What are my employee rights after an accident at work?
Thank you for reading our guide on what to do if you have sustained harm in an accident at work due to faulty equipment.
Writer Beck Perch
Editor Meg MacAllister