Have you been injured due to faulty or defective equipment provided by your employer? Contact National Accident Helpline about making a no-win no fee claim.
What is considered defective or faulty equipment?
Workplace equipment is considered to be defective or faulty if it does not work correctly, or as the manufacturer states it should. Therefore, it does not have to be completely broken or obviously broken. By simply not doing what it should do, equipment can be deemed defective or faulty. This could include, for example:
- work vehicles which are not safe
- defective electrical equipment
- old equipment which your employer has failed to have inspected
- equipment such as tools which are not supplied with the safeguards required
What types of workplace equipment could be faulty or defective?
The range of work equipment is broad. The majority of tools and machines you use as part of your job are your workplace equipment. If your employer gives you equipment to help you do your job, this is usually considered to be workplace equipment.
The type of workplace equipment which could be faulty or defective could be:
- factory equipment such as presses and tools
- devices such as lifts
- apparatus
- workplace installations
- hand tools
- power tools
- ladders
- scaffolding
- safety ropes
- machine guards and stop controls
Defective workplace equipment could also be equipment which is not in the workplace, but helps a person do their work elsewhere (for example when a plumber is working in a customer's home).
What are the risks of using faulty equipment in the workplace?
If you use faulty equipment in the workplace you run the risk of a serious injury. This can be as serious as a spinal injury resulting in you being paralysed, or even a catastrophic brain injury.
What are some common injuries caused by defective equipment?
Common workplace injuries that you could suffer as a result of defective workplace equipment can include:
- injuries from crushing
- broken bones
- orthopaedic injuries
- injuries from electricity, such as shock and electrocution
- injuries requiring amputation
- spinal cord injuries which could lead to paralysis
- head injuries which can include a brain injury
- burns
- soft tissue injuries
What should I do if I'm hurt using a piece of faulty equipment at work?
If you are hurt using a piece of faulty equipment at work, the first thing you should do is seek help. This may mean dialling 999, or you may be able to receive sufficient first aid at work.
It is also important to let your manager or supervisors know, regardless of whether or not you think the injury is serious. They should complete an accident report form with you.
In case you wish to make a compensation claim for your workplace accident, keep records and make a note of witnesses.
Who is responsible for ensuring work equipment is safe?
If an employee suffers an injury in the workplace as a result of defective work equipment, it is the fault of the employer. It is, therefore, your employer's responsibility to ensure that your workplace equipment is safe.
Employers are required by law to ensure all equipment is safe to use and in good working condition. If it is defective they are breaking the law. This includes machinery that the employer may hire, rather than own. These laws apply regardless of what sector you work in.
Can I make a defective work equipment compensation claim?
If a defective piece of work equipment causes you to have an accident in the workplace, you can likely make a compensation claim. You can be, for example, a:
- full-time employee
- Self-employed person
- part-time employee
- contractor
A defective work equipment compensation claim can include, for example:
- loss of earnings due to inability to work
- compensation to help you pay off debt which has arisen after your injury
- expenses to attend medical appointments required as a result of your injury such as travel expenses
- emotional and physical treatment
- purchasing equipment and other things to assist you with the injury
- compensation to make changes to your home to assist you with the injury
- support to help you get back into the workplace again.
What evidence do I need to support my claim?
To support a defective work equipment compensation claim, you simply need to show the following as evidence:
- That the work equipment is defective
- That you suffered an injury because the work equipment was faulty
Therefore, you don't need to show that the defective equipment is your employer's fault but just that the equipment is faulty. This is termed “strict liability”.
Evidence to assist your claim can include:
- medical reports
- witness statement
- CCTV
- photos
- equipment inspection records
- receipts for expenses
How much compensation could I get if injured by defective equipment?
As with all personal injury and accident compensation claims, the amount you can claim is dependent on the individual circumstances of your accident or injury. It will depend on how severe the accident or injury is. Your claim will be based on the type of injury and the effect it has had on your life.
The best way to get an indication of how much you may be able to claim is to get legal advice. You can also check here on our online compensation calculator.
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Could I lose my job for claiming against my employer?
As your employer is required by law to ensure that the equipment you use in the workplace is not defective, you have a right to claim against them and this should not affect your job.
If you lose your job and you believe it is a result of making a claim, you should speak to an employment law solicitor to find out what action you can take.
Can I still claim if I used the equipment outside my workplace?
As the definition of workplace equipment includes the equipment you use to carry out your work outside your normal place of work, you can still make a compensation claim.
Can I make a defective injury claim on behalf of a friend or family member?
If a family member dies as a result of a defective work equipment injury, you may be able to make a claim as their family member.
Frequently asked questions...
Typically, if you've suffered an injury in the last three years because of an accident or medical mistake that wasn't your fault, then it's likely you have a compensation claim.
There are some cases where these criteria might be different. For example, if you're claiming on behalf of a child, you have three years from their 18th birthday to make a claim, regardless of how old they were when they were injured.
You can find out if you have a claim today by giving us a call on or by using our eligibility checker.Can I make a no-win no fee faulty equipment injury claim?
If you have suffered a faulty equipment injury in an accident at work, it will likely have had a huge impact on your day-to-day life and your ability to work effectively, if at all. You should feel safe at work and trust your employer will do their best to keep you free from harm such as a personal injury.
If you do suffer a faulty equipment injury through an accident in the workplace you will want to make a compensation claim. At National Accident Helpline, you can do so on a no-win no fee basis. Claiming your accident at work on this basis means that your faulty equipment injury claim carries no financial risk for you if it fails.
What are the time limits for starting my claim?
All personal injury claims. have a time limit in which you need to start your claim, so this includes compensation claims for accidents at work.
Your faulty equipment injury claim must be started within three years of the date when your personal injury occurred. Otherwise, you can begin your claim on the date when you learnt that you had sustained an injury as a result of faulty equipment at work. This is the date of knowledge.
If the workplace accident happened overseas time limits may change, and where the defective workplace injury left you “mentally incapacitated” no time limit applies.
How long might my faulty equipment claim take to complete?
Like any other accident compensation claim, there is no set claim process time for a faulty equipment accident at work claim. Instead, the length of time your compensation claim will take depends on specific factors such as:
- how serious are the injuries are
- what evidence your solicitor needs to prove your claim
- the tram company or person you are claiming against
- whether the person or company your claim against accepts that they are at fault or disputes this
Will I have to go to court to contest my defective work equipment claim?
A valid and common question people ask is whether they will need to go to court to contest an accident at work claim such as a defective work equipment claim.
It is highly unusual for anyone making any type of personal injury claim, to have to go to court and contest it so the same applies to defective work equipment claims. You may find that a court date is set, but often the person or organisation you are claiming against will admit fault so this date gets cancelled. At National Accident Helpline, we take great pride in the fact that 95% of our personal injury claims are settled out of court so no court attendance for the claimant is required.
Meet the team
Kelly Affronti
Legal & Compliance Manager
An experienced legal operations manager, Kelly ensures we deliver the level of clear, effective service our customers expect to receive.
View profileMeet the teamWhy should I choose National Accident Helpline to support my claim?
At National Accident Helpline, we believe that if you may be due compensation for an accident in the workplace such as due to defective work equipment you should claim the money you are fairly due so we will help you to do this.
You may have been injured by defective industrial equipment or perhaps when working in a factory. You may have sustained an injury such as a burn. Regardless of how your accident at work occurred, you should choose National Accident Helpline to support your claim.
We use experienced, understanding and helpful advisors who listen carefully to your workplace accident. They genuinely want to help you with any compensation you may be able to claim. Our specialist solicitors are fully competent in accident claims, so your personal injury compensation claim is in able hands when you choose us.
Let us at National Accident Helpline help you today. Give us a call at . Alternatively, request a call back here or you can even begin your claim online.
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How do I begin my defective work equipment compensation claim?
It is simple to start a compensation claim for your defective work equipment accident with National Accident Helpline. Either call us today at or begin the process online here. You may wish to first get an idea of the compensation amount we could win for you. If so, you can calculate your potential compensation online by using our compensation calculator.
When you begin your defective work equipment compensation claim with us, we will ask you to carefully explain what happened. Once we have an understanding of what happened to you at work, one of our specialist solicitors will work on your compensation claim. Then you sit back and wait for the compensation you deserve.
If you have had an accident in the workplace, you may be due personal injury compensation, so call us now on . If the workplace injury is not your fault, we can help you make a compensation claim. If it is more convenient, request a callback here or simply begin your claim online.