Defective Work Equipment Claims

Faulty equipment in the workplace can be hazardous to employees as well as visitors. Defective products can range from faulty ladders, all the way up to heavy machinery and malfunctions can result in serious injuries including crushed bones and lacerations. As our industries become more reliant on the use of machines there is always going to be a risk of defective machinery and equipment that cannot be avoided.

According to the 2015 Health and Safety Executive’s Workplace Injury Report, an estimated 72,702 non-fatal injuries occurred in the United Kingdom. These injuries resulting in 4.5 million days of work missed by injured employees. A large percentage of these injuries were the direct result of defective machinery and equipment.

The HSE has set out legal guidelines that dictate the proper safety precautions and training that must be followed to prevent injuries. These guidelines extend past the construction site to include using work equipment at off-site premises. You are eligible to receive compensation if you have been injured as a result of defective work equipment.

Who is Liable for Faulty Equipment in the Workplace Claim?
The HSE dictates that your employer must adhere to the strict guidelines set out in the Provision and Use of Work Equipment Regulations 1998. Your employer must follow these rules in order to operate within the limits of the law. Below are some of the most important points of this legislation.

• Employers must provide all employees with the proper training of machines, devices, and tools.
• Employers must ensure that their employees are properly supervised to provide them with the proper enforcement of the set safety guidelines.
• All machines, devices, and tools are maintained and are frequently inspected to ensure they are safe to operate.
• All tools, devices, and machines are properly suited for the purpose they are being used for.

There are other forms of legislation that has been passed to help cover specific risks held by individual industries. As some industries are inherently more prone to accidents and injury, the HSE determined it wise to add extra guidelines to these industries in an attempt to further reduce employees exposure to unnecessary risks. These include but are not limited to:

• Electricity at Work Regulations 1989
• Personal Protective Equipment at Work Regulation 1998
• Lifting Operations and Lifting Equipment Regulations 1998

These guidelines are non-negotiable and a failure to meet any of them can result in serious injury. Unlike most work related injury claims, you will not have to prove the liability is with your employer. You just need to prove that there was faulty equipment in the workplace. This is because your employer is held to ‘strict liability’ for their equipment. Claim Solutions Scotland Ltd can help gather the evidence you need to lodge a successful claim.

The Judicial College Guidelines
The court will reference the Judicial College Guideline to ensure you are awarded compensation that is in line with similar claims heard in the past. The court uses these guidelines as the main reference point when determining your compensation amount.

General Damages vs. Special Damages
All damages can be broken down into two types of losses. These are known as general and special damages. General damages are non-economic losses. They do not come with a receipt and they are much more difficult to place a numerical value to. Emotional distress and loss of mobility are two examples of general damages that can be sought. Special damages are losses that are of the financial nature. This can include items such as property damage and medical bills. Special damages are much easier to award, as they are well documented and therefore easier to prove.

How Long Do I Have to Lodge My Faulty Equipment in the Workplace Claim?
You must lodge your claim within three years of the date of your accident. Most professionals will agree that waiting that long to lodge your claim can complicate the process because you may not have access to all the supporting evidence that was available at the time of the accident’s occurrence. The best thing to do is to lodge your claim as soon as possible. The claim specialists at Claim Solutions Scotland Ltd will introduce you to a solicitor who will guide you through the claims process and keep you one-step ahead of the insurance companies.

What Should I Do If I Am Contacted by The Other Party’s Insurer?
In some instances, the other party’s insurer may contact you with some form of a settlement offer. It is important to remember that insurance companies make millions of pounds every year by reducing the amount of claims they pay out.

If you accept a settlement offer, you may find yourself covering future medical costs out of pocket. Insurance companies hold a fiduciary responsibility to their shareholders to increase their profits through various means and this includes trying to settle large claims prior to losing in court.

How Claim Solutions Scotland Ltd can Help You
Our expert team can give you the individualised advice you need to stay one step ahead of the insurance companies. Defective machinery and equipment fall under the legal responsibilities of your employer and we will work diligently to help you to achieve your compensation goals.

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