Aren’t there regulations in force to prevent defective work equipment accidents?
The Provision and Use of Work Equipment Regulations 1998 (PUWER) places duties on employers to ensure that the equipment provided for use at work is;
- Suitable for the intended use
- Safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and that it does not subsequently fall into disrepair
- Used only by people who have received adequate information, instruction and training
- Accompanied by suitable health and safety training measures, such as protective devices and controls. These will normally include emergency stop devices, adequate means of isolation from sources of energy, clearly visible marking and warning devices
- Used in accordance with specific requirements, for mobile work equipment and power presses
- There are other health and safety regulations governing the use and safety of some specific types of work equipment as well.
What is work equipment?
The definition of the term ‘work equipment’ is a wide one. It includes, any machinery, appliance, apparatus, tool or installation. The definition also includes equipment which employees provide for their own use at work.
The definition of ‘use of work equipment’ is also open to wide interpretation. It includes stopping, starting, setting, programming, transporting, repairing, cleaning and servicing work equipment.
Why do faulty work equipment accidents happen?
If employers carry out the duties that PUWER and other pieces of legislation require of them, then accidents shouldn’t happen.
Most employers do ensure that they abide by the duties imposed on them by the regulations. Accidents happen when employers fail in their duty of care. Examples of this, are when they fail to;
- Ensure that work equipment is suitable for purpose,
- Inspect, maintain and repair equipment when it falls into disrepair
- Adequately train and instruct employees in the use of work equipment
- Provide or maintain protective devices
I’ve been injured in an accident at work caused by defective work equipment. What can I claim for?
- Compensation for the pain and suffering caused by the accident
- Loss of earnings – both those you’ve already lost and any in the future, if you are unable to return to work for any length of time.
- The cost of private medical treatment to ensure that your recovery takes as short a period as possible
- Any other losses that are caused by the accident at work
How much compensation will I get for my defective work equipment claim?
Some solicitors’ websites contain a feature that they call a ‘compensation calculator’. The problem with such gimmicks is that they can produce inaccurate results. It is impossible to predict how much a claim will be worth, straight after an accident. That is why we don’t use a ‘compensation calculator’ app on this website.
If you’ve been involved in an accident at work that has resulted in you being injured, call us on 029 2048 3615. Speak with one of our experienced accident at work solicitors. Your initial consultation with our accident at work experts will not cost you anything. We will be able discuss the circumstances of the accident you have been involved in. From that we can consider whether you have reasonable prospects of success of winning a faulty work equipment claim
We may also be able to give you some general guidance on the amount of compensation that we would expect to obtain for you. However, as already stated, it would be impossible at such an early stage, to provide you with anything like an accurate figure.
Once we have spoken with you, we will tell you if we think that you have reasonable prospects of making a successful workplace accident claim. If we do, and you would like us to, we’ll be happy to take on your claim. We can handle most claims on a No Win, No Fee basis.
Once we have started work on your claim, you will be asked to go for a medical examination by a doctor. This report will describe the extent of your injuries and any treatment that may be required. The doctor will advise in the report, whether there will be any need for a follow up examination in the future.
If it doesn’t appear that a further examination will be required, then the medical expert will state how long he or she thinks it will be, before you are fully recovered. At that stage our solicitors will be in a better position to make a more accurate assessment about the amount of compensation you might get.
What should I do next?
Call Mooneerams now on 029 2048 3615 if you have been injured in a defective or faulty work equipment accident within the last 3 years.
Alternatively, fill complete the form to contact us online. Either way, we’ll get straight back to you.
Initial consultations with us are free of charge. If we take on your claim, we can handle it on a No Win, No Fee basis, in most cases. Mooneerams solicitors are experts in dealing with accidents at work compensation claims, including defective work equipment claims. We’ve been handling personal injury claims for the victims of non-fault accidents ever since we were founded in 2002. We have recovered millions of pounds worth of compensation on behalf of our clients.
