defective work equipment compensation

Defective Work Equipment Compensation: Claim For Injury From Faulty Equipment

Discover what work equipment is, when it is considered defective, how to show your employer is responsible for your injury; how to make a defective work equipment compensation claim, calculate typical payout amounts by body part with access to specialist solicitor online free help.

What is a defective work equipment compensation claim?

If you suffer injury as a result of a defect from work equipment – you will be able to claim compensation from your employer for your pain and suffering and for your financial loss. This claim is known as a defective work equipment compensation claim.

Remember – work equipment is considered defective simply if it does not work as it is supposed to.

What is classed as work equipment?

The definition of “work equipment” is deliberately interpreted widely.

Machine, tool or device

Work equipment is any machine, tool or device provided by an employer to assist a worker (whether an employee, contractor or self-employed individual treated as though an employee) in the execution of their job.

It can include factory machines – such as presses, tools (such as drills) or devices (such as elevators).

Equipment at the workplace and used remotely

It includes equipment which is at the place of work or equipment required to be used by employees to do their job even if not at the workplace itself. For instance – the tools required to be used by a plumber at customers’ various home addresses.

How do you show your employer is responsible for your injury?

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.

In other words – 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.

faulty work machinery
Faulty Work Machinery Claim

How much work injury compensation can you claim?

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

Watch out – your solicitor will instruct an independent medical expert to produce a report as part of your claim.

Alphabetical list of body parts and compensation amounts

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

Remember – in addition to compensation for pain and suffering, you can claim for financial loss and expense, so keep a record of your losses together with relevant receipts.

Who pays you compensation?

Claim against employer

Your defective work equipment compensation claim is made against your employer

Employer required to have insurance

However, all employers are required by law to have liability insurance for worker injury.

Insurer pays you compensation

Therefore – your claim is effectively paid by your employer’s liability insurer.

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

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.

Defective Work Equipment Summary & Next Steps

In this article you have seen when work equipment is considered defective and how your employer is responsible for paying compensation if that equipment causes you injury.

See our no win no fee work injury article to find out the most inexpensive ways of funding a solicitors costs to claim injury compensation.

Specialist Solicitors Free Online / Telephone Help

We offer specialist solicitor free online legal help – including asking an online question, arranging for a specialist solicitor call back or have your defective work equipment compensation claim assessed online.