Work Equipment Injury Claim: Defective Machinery And Faulty Power Tools
In this article we explore when you can claim compensation for injury caused by the use of work equipment, including defective work machinery and faulty work tools.
We explain how employees, contractors and the self-employed can claim, the liability insurance your employer will have to meet compensation claims and how your compensation payout is calculated.
Finally, we set out work equipment injury Q&A’s we have received from injury victims just like you and provide access to specialist solicitor free help.
- Work Equipment Injury Claim: Defective Machinery And Faulty Power Tools
- What is classed as work equipment?
- What is a work equipment injury claim?
- Defective work equipment injury claim
- Dangerous work machine injury claim
- What does using a work machine include?
- What should your employer look out for to help prevent a work machine injury?
- Is the work machine suitable for the intended purpose?
- Has the work machinery been properly maintained and a log kept?
- Is inspection of work machinery necessary?
- Is specific training needed for equipment with special risks?
- Do you need to be supplied with instructions and health and safety information?
- Should access to dangerous parts of work machinery be prevented?
- How can access to dangerous machinery parts be best prevented?
- How is safety ensured if machine guards cannot be fitted?
- Can extra protection be provided for specific hazards of particular machines?
- Does the work machinery produce high or very low temperatures?
- Should the machine have an emergency stop button?
- How can an electric shock be avoided?
- What about stability, lighting, markings & warnings?
- Is the machine of a type that needs special precautions to be made?
- Who can make a claim for injury at work?
- Calculating the amount of compensation your injury is worth
- Who pays your compensation?
- What is the best way to make a defective work equipment compensation claim?
- Funding your claim using a no win no fee
- Equipment Injury Claim Q&A
- FREE – Specialist solicitor telephone / online help
- Work Equipment Injury Claim Summary
What is classed as work equipment?
The definition of “work equipment” is deliberately interpreted widely.
Machine, tool, appliance, device
Work equipment is any machinery, tool, installation, appliance, apparatus or device for use at work. It is provided by an employer to assist a worker in the execution of their job.
Equipment at the workplace and used remotely
Use of work equipment need only be necessary for worker to do a job, so it can include tools and machinery, in:
- In the workplace. For example – a large fixed machine, such as a press, cutting machine or factory line conveyor belt.
- Outside of the usual workplace, For example – some workers may have to work remotely, such as electricians and plumbers visiting customers’ homes. The tools and other devices supplied by their employer that are used in this setting are still classed as work equipment.
Equipment not used exclusively for work
Your employer can be responsible for work equipment that is not used exclusively for work.
Occasionally you may use equipment privately, as well as at work, as you may have supplied the piece of equipment yourself.
For example – imagine the power drill at work was being repaired and so your employer requests you bring your own drill from home to do the work task. Should that drill prove to be faulty – it may be that your employer will be found responsible for any injury you might suffer.
Examples of work machinery, tools and devices
There are many examples of work equipment, which include:
- Heavy equipment. For example – construction vehicles, such as earth movers, HGV’s, crains.
- Fixed machinery that is secured in place. Also known as static equipment. For example – a blast furnace, printing press, conveyor belt, guillotine.
- Hand tools. For example – a spanner or saw.
- Power tools. For example – a drill, air compressor, impact wrench.
- Oscillating / reciprocating tools. For example – jigsaws, electric sanders, chainsaws.
- Vibrating tools. For example – jack hammers, rock drills.
- Rotating tools. For example – angle grinders, circular saws, chain saws.
- Devices. For example – the work elevator, escalator.
- Mobile equipment, For example – forklift trucks and loaders.
- Appliances. For example – the microwave or kettle used in the staff room.
- Installations. For example – powered gates and lifting machines.
- Motorised machinery. For example – forklift trucks, dumper trucks.
What is a work equipment injury claim?
If you suffer injury from the use of work equipment and are able to show as a matter of law that your employer is legal responsible for your injury you will be able to claim compensation for your pain and suffering (for the injury itself) plus compensation for consequential financial loss and expense.
What if the work equipment is used away from the workplace?
Work equipment need not necessarily always be used at your employer’s workplace premises.
Consider jobs in which you are required to attend at customers’ sites to use work machinery or other equipment to perform tasks.
If the machine, tool or other equipment supplied by your employer causes you injury whilst working off-site, a claim can be still be made against your employer.
Defective work equipment injury claim
Work equipment is considered defective simply if it does not work as it is supposed to.
How do you prove liability for defective equipment?
Workers should not be allowed to use work equipment that is defective or faulty. Typically you need only show:
Defect must be cause of your injury
Generally speaking – so long as your solicitor can show that the work equipment was defective and that you suffered injury as a result of the defect – you should be entitled to claim compensation.
Strict liability
You do not have to show that employer is at fault for the defect only that the defect exists – this is known as strict liability.
| Equipment Not Functioning Correctly |
|---|
| It does not matter if the equipment was new, was recently serviced and was well maintained. So long as it is not functioning correctly it is defective and as such your employer is responsible for any injuries such equipment causes. |
Dangerous work machine injury claim
Alternatively, if you are injured whilst using a machine at work and your employer can be shown to be legally at fault – You will be able to make a machine injury compensation claim.
What does using a work machine include?
Using a work machine does not only mean using the machine in the literal sense. It includes:
Any activity involving the machine
Doing any activity with the machine can be considered using it.
Examples include:
- Starting or stopping the machine. You may suffer injury simply by pressing a button. For example – imagine there is an electrical wiring fault.
- Maintaining the work machine. For example – you may be a fitter asked to service the work machinery.
- Inspecting the machine. You role may be health and safety compliance with regular inspections of dangerous work machinery.
- Cleaning work machinery. For example – you may be simply asked by your supervisor to clean a machine when it is not is use when you suffer injury.
- Repairing. For example – you may be the engineer required to repair problems.
- Programming of machinery. You may simply be the person required to set the machine for use by other when you suffer injury.
- Transporting work machines. For example – you may simply be responsible for delivering machinery or moving it around the workplace when your accident occurs.
Should you be injured during any of these activities – you will likely be able to make a dangerous machine injury claim.
What should your employer look out for to help prevent a work machine injury?
Various health and safety laws protect you when using dangerous machinery at work – imposing strict duties on your employer. One such very important piece of law is the The Provision and Use of Work Equipment Regulations / PUWER.
Some of the duties and considerations your employer must take into account, include:
Is the work machine suitable for the intended purpose?
The work equipment must be constructed or adapted to be suitable for the task it is intended to be used in given the work environment it is to be used in.
In other words – a machine in perfect working order being used for the wrong task or in an unsafe environment – could make it dangerous for use.
For example – Imagine a pallet truck being used on an icy surface causing it to slip and hit a worker or a metal cutting machine being used to cut wood.
Has the work machinery been properly maintained and a log kept?
Work machinery should be properly maintained, so as to be in efficient working order and safe for use.
If the machine has a maintenance log – your employer must keep this up-to-date.
| Machine Not Maintained Correctly |
|---|
| A machine that is designed for a task can still be dangerous if it is not maintained correctly. For example – a machine might jump due to warn out parts catching, the sudden jolt causing you injury. |
Is inspection of work machinery necessary?
The safe operation of some work machines may depend on how the equipment is installed. In such cases – your employer must ensure the machinery is inspected:
- After it is first installed.
- Before it is first used.
- If moved, it should be further inspected before it is used again
| Exposed To Conditions That Cause Deterioration |
|---|
| Some machines are exposed to conditions that could cause the safe functioning to deteriorate. In such cases – your employer should ensure that the machinery is inspected at regular intervals or following an event that could compromise the machine’s safety. A record should be kept of all the inspections. |
Some types of work machinery have more specific safety rules, For example – power presses / power press guards; mine winding machinery and work equipment used for lifting loads (including lifting people – such as patients in a medical setting).
Is specific training needed for equipment with special risks?
Some equipment is inherently dangerous and can only be operated, maintained or serviced by workers with specific training and expertise.
To avoid a dangerous machine injury – your employer must ensure that you have adequate training and expertise before operating such equipment.
Be aware!! Training will also apply to your supervisor, who must have the expertise to ensure that you are doing work safely.
Do you need to be supplied with instructions and health and safety information?
Your employer should supply you with the relevant instructions and health and safety information prior to use of the work machine. Your supervisor should also have access to such information.
The information should include how to use the machine safely and specific actions that should be taken when unusual situations occur.
Should access to dangerous parts of work machinery be prevented?
Yes. Certain machinery parts are extremely dangerous – risking trapping your clothing or body parts, such as your fingers or hand. Various different crush, impact or cut injuries can occur.
Therefore – your employer should prevent access to any dangerous machine part or dangerous moving machine parts.
| Stop The Machine For Maintenance And Repair |
|---|
| If access is necessary for maintenance or repair – the movement of any dangerous machine part should be stopped before you enter the area where you at risk of injury. |
How can access to dangerous machinery parts be best prevented?
Access to machine parts can be prevented by using fixed machine guards that enclosed every dangerous, moving or rotating machine part.
The guards must be:
- Well constructed.
- Suitable for the purpose intended.
- Should be maintained.
- Should not be able to be easily bypassed or disabled.
- Keep you a sufficient distance from the dangerous area (the place where you at risk of injury).
- Not obstruct your view.
- Be constructed to allow the easy replacement of spare parts, etc.
Be aware!! Even if you yourself are careless to your own safety, such as by bypassing a machine guard to work faster, you may still be able to claim compensation for a dangerous machine injury. See our claiming compensation despite worker carelessness article.
How is safety ensured if machine guards cannot be fitted?
If the fitting of machine guards is not practically possible – your employer should use protective appliances to keep you away from the moving part, such as push sticks or levers.
If protective appliances cannot be used. Your employer should provide information, training and supervision to ensure your safety.
Can extra protection be provided for specific hazards of particular machines?
Some machines have specific dangers or hazards, that other machines may not have, for which your employer can provide extra protection to prevent injury.
Specific hazards might include:
- Falling or rising objects.
- Machine fire or overheating.
- Failure or rupture of machine parts.
- Unexpected discharge of gases or other substances produced or used by the machine.
- Explosion of the machine or substance produced.
There are some hazards that are considered so significant that special health and safety laws are necessary to spell out the additional worker protection that is necessary.
Such hazards include:
- The presence of asbestos at work.
- Hazardous substances and chemicals in the workplace.
- Excessive work noise exposure.
- Head protection in construction.
- Radiation exposure at work.
- The presence of lead in the workplace.
Remember!! If a work equipment injury results from your employer failing to provide the extra protections, it is likely your compensation claim will succeed
Does the work machinery produce high or very low temperatures?
If work machinery itself produces excessive heat or extreme cold – you could be burnt or scalded when using the machine.
Your employer should provide additional protection to prevent this type of injury.
| Machine Uses Hot Or Cold Substances |
|---|
| Watch out!! The machine itself might use substances that are themselves hot or cold. Your employer should equally be sure to protect you from injury by these substances. |
Should the machine have an emergency stop button?
Yes!! Machinery should have an emergency stop button or control that is readily accessible to workers in the case of an emergency.
How can an electric shock be avoided?
Workers should be isolated from the machine’s power source (such as electricity) to prevent injury. For example – the risk of electric shock or electrocution.
What about stability, lighting, markings & warnings?
A work machine should be properly clamped so as to be stable.
The lighting in the area of the machine, where work is to be carried out, should be sufficient given the work task you must do.
Machinery should be properly marked so as to be clearly visible to all workers and employees and so prevent accidental injury.
Machinery should have appropriate warnings on the machine itself of specific dangers. Warnings should be clear, easily visible and easy to understand.
Is the machine of a type that needs special precautions to be made?
Special precautions exist for mobile work equipment (such as forklift trucks). There are risks of employees being run over or the machine toppling.
Power presses also have additional health and safety requirements. For example – thorough examinations of the power press and its protective guards, the need to prepare reports and keep information.
Who can make a claim for injury at work?
Workers using equipment, machinery and tools can include an:
Employee, contractor and self-employed
A worker may be classed as an employee, a contractor or a self-employed individual. The important factor is that the worker is treated in a similar manner as an employee. This typically will include being provided with the work equipment by the employer.
| The Employee Has The Strongest Claim |
|---|
| An employee will typically have the best chance of succeeding with a claim against an employer. The relationship between employer and employee is certain as is the provision of tools and machinery by the employer. Contractors and the self-employed should still be able to claim. However – extra hurdles may be encountered as to who is, such as who supplied and is responsible for PPE. |
Calculating the amount of compensation your injury is worth
When making a work equipment injury claim you are entitled to compensation for:
Pain and suffering
The amount of compensation you can claim for pain, suffering and loss of amenity, depends on the nature of the injury you suffer as set out in an medico-legal report.
| Independent Medical Expert |
|---|
| Your solicitor will instruct an independent medical expert to produce a report as part of your claim. This report will set out your injuries. Thereafter, see our compensation payout calculator to see an alphabetical list of body parts together with compensation amounts you can recover for pain, suffering and loss of amenity for various different injuries. |
Financial loss and expense claim
In addition to compensation for pain and suffering, you can claim you can claim compensation for your financial loss and expense. Therefore, we recommend you keep a record of your losses together with relevant receipts.
Payout examples
We have written extensive articles setting out the compensation payout amounts for all body types and psychological injuries. We recommend you see our index article calculating compensation amounts for bodily and psychological injury with a summary and link to each article.
Who pays your compensation?
Your defective work equipment compensation claim is made against your employer. However, your employer;s liability insurer will pay your compensation.
Employer required to have insurance
The majority of employers are required by law to have employer’s liability insurance for worker injury.
Insurer pays you compensation
Therefore – your claim is effectively paid by your employer’s liability insurer.
| You Must Prove Your Employer Is Liable |
|---|
| Technically an insurer is an indemnifier. Therefore – only is you can prove your employer is liable for your claim is the liability insurer obliged to meet your claim. |
What is the best way to make a defective work equipment compensation claim?
Use a specialist work injury solicitor
The best way to succeed in a defective work equipment claim is to use specialist work related accident solicitors. You will benefit from the expertise to not only win your claim, but also ensure you receive the correct amount of compensation
Claim your solicitor’s legal costs
Be aware!! In addition to your compensation, you can claim the majority of your work accident solicitor’s legal costs in making your claim. Your lawyer will explain how to do this.
Funding your claim using a no win no fee
We recommend you see our no win no fee article – for an explanation of how a no win no fee agreement can be used to fund your solicitor’s costs in making your claim.
Equipment Injury Claim Q&A
Can I Claim For A Fingertip Amputation Caused By A Defective Cutting Machine Guard?
FREE – Specialist solicitor telephone / online help
We understand how traumatic injury from work equipment and machinery can be, so we provide a number of specialist solicitor free help options.
You can ask our specialist solicitors a question or discuss your accident circumstances to know whether you have a claim and what options are available to you.
Work Equipment Injury Claim Summary
In this article you have seen how to claim compensation for work equipment injuries. We focussed on two of the most common types of claim – dangerous work machinery and defective work equipment injuries.
