As an employee, you are entitled to expect your employer to provide you with the legally required standard of care by ensuring that the equipment you use is suitable and safe for the job you are expected to carry out. This equipment may include any machinery, tool or plant you are asked to use at work. Yet the Health and Safety Statistics Annual Report, 2013/14, shows that process, plant and machine operatives have on average the second highest injury rate in the UK.
If work equipment is broken or defective, it is dangerous. If you unknowingly use equipment that is defective, expecting it to be safe, you could be at serious risk of suffering a severe or even life-threatening injury.
Defective equipment in the workplace can include:
An employee who has an accident at work caused by a breach in the legal requirement owed by an employer to supply appropriate equipment in good working condition is entitled to pursue a claim for the harm and suffering caused.
Your Legal Friend has an in-depth knowledge of workplace law and injury compensation and over 30 years of experience in successfully managing workplace compensation claims. We can provide you with all the expert guidance you will need to help you make your case and secure the best possible settlement.
What is work equipment?
Under the Provision and Use of Work Equipment Regulations 1998 (PUWER), any item which is used by an employee at work is classed as work equipment.
Work equipment is defined as:
Work equipment at the place of work includes:
The Provision and Use of Work Equipment 1998 (PUWER) is one of the main pieces of legislation that places a duty of care on the owners, operators and controllers of equipment in the workplace.
The Regulations require that equipment provided for use at work is:
Employers must ensure that risks created by using equipment are eliminated where possible or controlled as far as reasonably practicable.
The appropriate actions are:
Providing suitable guards, protection devices, markings and warning devices, system control devices such as emergency stop buttons, and personal protective equipment.
In a number of cases, the guard has been disabled so any blockage that could slow or hold up production can be quickly cleared by an operator without following the necessary safety precautions, which are intended to prevent the risk of an accident.
Under the Provision and Use of Work Equipment Regulations 1998 (PUWER), every employer shall ensure that measures are taken to:
- Prevent access to any dangerous part of machinery
- Stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.”
Following safe systems of work and providing adequate information, instruction and training about the specific equipment.
Defective equipment – do I have a claim?
To succeed in a claim for an injury caused by defective equipment, you will need to show that the employer should have reasonably “foreseen” the accident would happen.
In many cases, an employer will have failed in his legal responsibility and duty of care to provide one or more of the following legal requirements:
How Your Legal Friend can help you
As experienced personal injury specialists, we have over 30 years of experience in managing compensation cases involving accidents at work. We are committed to guiding you through every step of the process and ensuring that your claim is handled carefully and professionally by specialist solicitors with a record of success in this field.
Our in-depth knowledge of workplace law and injury compensation can provide you with all the expert guidance you will need to help you succeed in making your claim. We can:
Talk to us today
For an informal, confidential chat with one of our specialist personal injury solicitors, call us now on 0808 163 5645 (calls free from landlines and mobiles). Or just complete the 'Start a new claim’ option on the right and we'll call you straight back.