This is a helpful guide exploring when you could make a personal injury claim after faulty machinery at work caused you to sustain harm. It will discuss the eligibility criteria in more detail, the time limits for pursuing legal action, and the steps you could take to strengthen your case.
Employers owe a duty of care to their employees and have specific responsibilities with regard to workplace equipment. As we move through this guide, we will explore the legislation that sets their duty of care and how an accident involving faulty equipment could occur if this is not adhered to.
Additionally, this guide will provide an overview of accident at work compensation payouts, including what they can consist of and how they are calculated.
We will also provide information on how a No Win No Fee solicitor could help you, and the services they could provide.
If you require any other information about accident at work claims after reading our guide, or as you continue reading, please contact an advisor. They can offer free advice and answer any questions you might have. To get in touch:
- Call the number provided above
- Use our live chat feature to speak with an advisor
- Fill in our contact form
- When Can You Claim For Injuries Caused By Faulty Machinery At Work?
- How Could Faulty Machinery At Work Cause You An Injury?
- How Much Compensation Could You Receive If Injured By Faulty Equipment At Work?
- Evidence That Could Help You Make An Employer Negligence Claim
- Make A No Win No Fee Workplace Injury Claim
- Learn More About How To Claim For An Accident At Work
When Can You Claim For Injuries Caused By Faulty Machinery At Work?
In order to begin a personal injury claim for an accident at work involving faulty machinery, the following three criteria need to be met:
- Firstly, you were owed a duty of care by your employer at the time and location of the accident.
- Secondly, your employer breached this duty of care.
- Thirdly, you were caused either a physical or psychological injury, or both, because of the breach.
These three criteria lay the foundation of negligence in personal injury claims. If you have evidence that employer negligence occurred, it may be possible for you to seek compensation.
The Health and Safety at Work etc. Act 1974 states that employers must take any steps considered both reasonable as well as practicable in order to prevent employees from becoming injured in the workplace. This is the duty of care they owe.
Additionally, the Provision and Use of Work Equipment Regulations 1998 places duties on people, as well as companies, who operate or control work equipment. It requires equipment provided for use at work to be suitable and safe for use, maintained in a safe condition, used by people who have been trained adequately, and accompanied by other suitable health and safety measures, such as emergency stop buttons.
If you have sustained an injury due to faulty machinery because your employer has failed to uphold their duty of care, please contact an advisor by calling the number above.
Is There A Time Limit To Claim For An Accident At Work?
The general time limit in place for starting a personal injury claim is three years from the accident date. This is set out by The Limitation Act 1980. However, certain exceptions can apply to the time limit.
For more information on how long you potentially have to start your claim, call an advisor.
How Could Faulty Machinery At Work Cause You An Injury?
There are several ways in which an accident involving faulty machinery at work could occur. For example:
- You may fall from a height when carrying out a work task because your employer instructed you to use a faulty ladder. This fall could result in you sustaining a back injury or neck injury.
- A conveyor belt may malfunction due to not being properly maintained or checked for faults. This could lead to your hand being trapped or crushed, causing a severe hand injury.
- A crane malfunction could mean you’re hit by a large or heavy object and suffer a head injury in a crane accident.
- Inadequate training to operate a forklift truck could result in you sustaining a broken leg in a forklift accident.
To discuss your specific case and find out whether you’re eligible to seek compensation for your workplace injuries, please speak with an advisor on the number above.
How Much Compensation Could You Receive If Injured By Faulty Equipment At Work?
If you are successful in making a personal injury claim for an accident involving faulty machinery at work, your settlement could include both general damages and special damages. These are the two heads of loss that could make up your accident at work payout.
General damages will be awarded to compensate for the pain and suffering of your injuries, both physical and emotional. Solicitors can refer to the Judicial College Guidelines, alongside medical evidence, to help them value this aspect of your claim. This publication contains guideline award brackets for different injuries, some of which we have used to create the table below.
Compensation Amounts
Injury Severity Further Details Compensation Guidelines
Arm Amputation Loss of both arms The injury reduces a person with full awareness to a state of considerable helplessness. £240,790 to £300,000
Arm Amputation Loss of one arm (i) The arm is amputated at the shoulder. Not less than £137,160
Head Moderate (ii) An intellectual deficit of a moderate to modest nature alongside a reduced ability to work and other issues. £90,720 to £150,110
Head Moderately Severe The injured person has a very serious disability, which will either be cognitive or physical. As such, they'll need constant care. £219,070 to £282,010
Leg Severe (ii) Injuries that lead to permanent mobility issues and mean the person needs crutches or other mobility aids for the rest of their life. £54,830 to £87,890
Leg Less Serious (i) An incomplete recovery from fractures. £17,960 to £27,760
Hand Total or effective loss of both hands Serious damage or injury done to both hands rendering them little more than useless. £140,660 to £201,490
Hand Severe fractures to fingers The injury may result in amputations or deformity that disrupts hand function. Up to £36,740
Neck Moderate (i) Fractures or dislocations causing severe and immediate symptoms. A spinal fusion may be necessary. £24,990 to £38,490
Back Severe (iii) Disc lesions or fractures or soft tissue injuries that lead to chronic conditions. £38,780 to £69,730
Please note, these figures are not guaranteed as each claim is calculated on a case-by-case basis.
Claiming Special Damages In A Workplace Injury Claim
Special damages compensate you for both past and future monetary losses incurred as a result of the injuries you sustained in an accident at work. For example:
- Loss of earnings
- Travel expenses
- Care costs
- Medical costs
Evidence in the form of invoices, wage slips, and receipts can help prove any monetary expenses for which you are seeking compensation.
If you would like a free, personalised estimate of what your potential workplace accident claim could be worth, please contact an advisor on the number above.
Evidence That Could Help You Make An Employer Negligence Claim
Evidence can help prove that the injury you sustained due to faulty machinery at work resulted from employer negligence. It can also offer insight into the injuries you sustained and the impact they have had on your life. As such, you may benefit from gathering the following:
- Records of assessments carried out on machinery
- CCTV footage of the accident
- Images of the faulty equipment or injury sustained
- Witness contact details
- A copy of the incident report from the workplace accident book
- A copy of your medical records, such as test results and X-ray scans
A personal injury solicitor from our panel could assist you in building your case. Additionally, they have experience handling claims for an accident at work. If you wish to seek legal representation, contact an advisor to learn how our panel of solicitors could help and if you’re eligible to have them represent your case.
Make A No Win No Fee Workplace Injury Claim
The accident at work solicitors from our panel could offer their services under a Conditional Fee Agreement. This particular kind of No Win No Fee contract typically means no fees for your solicitor’s work are required as your claim begins, while it proceeds, or if it fails.
If your claim has an outcome that is successful, you will be required to pay your solicitor a percentage of your compensation as their success fee. This percentage is discussed before any work begins on your claim, and has a legal cap applied to it by The Conditional Fee Agreements Order 2013.
For more information about how a solicitor could assist you in seeking personal injury compensation for an accident at work involving faulty machinery, please get in touch with an advisor. They may be able to connect you to a solicitor if they find you have valid grounds to pursue a claim. To reach them, you can:
- Call the number provided above
- Use our live chat feature to speak with an advisor
- Fill in our contact form
Learn More About How To Claim For An Accident At Work
For more of our helpful guides:
- A guide on claiming compensation for tripping over cables at work.
- Learn about the process of making a factory accident claim.
- Read about claiming for slips, trips, and falls in the workplace.
For more helpful resources:
- Statutory Sick Pay – GOV.UK
- First Aid – HSE
- Machinery Safety At Work – Health and Safety Executive
Thank you for reading our helpful guide on when you could be eligible to begin a personal injury claim for harm sustained due to faulty machinery at work. If you have any other questions, contact an advisor via the details provided above.