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Defective Work Equipment Accident Injury at Work Compensation Claims
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.
What to do now?
We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.
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Defective Work Equipment Accident Injury at Work Compensation Claims
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.
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Nadia HussainFrequently Asked Questions (FAQs)
Who will pay the compensation?
It is very rare for the employer concerned to actually shoulder the payment of industrial disease compensation. In the vast majority of cases compensation comes from your employer's "Employers Liability Insurance". It is a legal requirement for all UK employers to have a policy of this type.
Furthermore, in the event that you are still employed by the defendant there are a number of legal safeguards in place to protect you from unfair dismissal or discrimination made on the basis of your claim.
Can I claim compensation following work in Scotland, if I now live outside of Scotland?
Yes. Many of our claimants now live abroad in locations such as France, South Africa and Australia. If you worked in Scotland before you moved overseas, you can bring a claim for compensation in the usual way.
If a family member has died as a result of an industrial disease, can we make a claim?
It is possible to claim compensation on behalf of a deceased family member. However, the claim must be brought within three years of the date of death. Similarly, if the claimant dies during the course of the case, the family can continue with the claim on his or her behalf.
However, if your family member has an industrial disease and later dies from an unrelated incident, you would have three years to claim in respect of the work related illness from the date they knew or ought to have known they were suffering from the condition, not from the date of the unrelated death.
What are the time limits for industrial disease claims?
You can make a claim up to three years from the date the you knew or ought to have known that you were suffering from a work-related illness, or three years from the date of last exposure to any substance or process which has caused the condition (whichever is the later date).
Given that many industrial diseases take a long time to develop, it may be that you need to make a claim decades after the firm responsible for your illness has ceased to trade. But, as long as it is within three years of diagnosis of an industrial disease, it may still be possible to claim compensation when retired or no longer work for the former employer responsible for causing your illness.
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