Defective work equipment injury
compensation claims

If a defective work equipment injury has set you back, we'll help you move forward

Injuries caused by defective work equipment can result in claims against manufacturers or employers for failing to ensure workplace safety.

If your life, or the life of a loved one, has been injured by defective work equipment, we can help. If your injuries were caused by your employer's negligence, by the actions of co-worker, or by an equipment manufacturer, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim for an injury caused by defective work equipment with the help and support of a personal injury solicitor.

With over 500,000 UK workers injured every year, you are not alone

Defective and faulty work equipment injuries are common, impacting a significant number of workers every year. If you've suffered an injury due to faulty equipment at work, you're not alone in this experience.

561,000 workers sustained a non-fatal injury in 2022/23, many of these due to dangerous or defective work equipment (hse.gov.uk).

Do I have a defective work equipment injury claim?

As a basic rule, you will be eligible to make an injury claim if you were injured:

• in the last 3 years,
• by someone elses actions or negligence, and
• they owed you a duty of care.

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

My injury was partly my fault - can I still claim?

Cases where the defendant and claimant are both partly to blame are actually quite commonplace in personal injury claims.

In our 2024 Work Injury Claimant Survey, 26.02% of injured workers believed they were partly responsible for their injuries, or were uncertain.

You could still be able to claim even if you were partly responsible for your illness. If you were injured at work, you can claim compensation from your employer under the principle of vicarious liability - even if you or another employee caused your illness.

Read more:

Can I claim if I feel I was partly responsible for my accident?

How long after a defective work equipment injury do I have to start a claim?

In most cases, you have 3 years from the date of your accident or injury.

If you were injured due to someone else's negligence but didn't realise it at the time, the clock starts ticking from the 'date of knowledge' - the day you become aware of your injury.

How much compensation can I claim for a defective work equipment injury?

The amount of money you could claim for your injury will depend on:

• the seriousness of your injury, and
• any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of earnings, including lost overtime, holiday pay, benefits and pension contributions, special damages can cover any care costs and medical procedures you need, such as pain medication and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

Psychological harm and accidents in the workplace

Are you concerned about the mental and emotional impact of your injury? You are not alone.

Our 2024 Work Injury Claimant Survey reveals the extent of psychological trauma, with 25.00% of claims involving a psychological injury, 64.09% of which related to a physical injury.

Injuries caused by defective work equipment can result in distrust of workplace safety, leading to anxiety and reluctance to use equipment even after it's repaired or replaced. Post Traumatic Stress Disorder (PTSD) is also a possible post-accident condition.

Some workers remain hesitant to seek help for potential psychological injuries, fearing that their concerns will be dismissed or they will be treated differently.

A specialist solicitor will ensure that the psychological harm you have suffered is considered when calculating your compensation. This can be vital to ensure you receive mental health support and other therapies that may not be readily available on the NHS in your area.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

Defective work equipment - How are workers protected?

Employers are legal duty of care to protect workers from risks in the workplace.

This duty includes providing appropriate work equipment, ranging from vehicles and heavy machinery to personal protective equipment (PPE).

Equipment must be safe, suitable, and well-maintained, offered at no cost alongside proper training. The Health and Safety Executive (HSE) enforces these regulations. If you are injured due to defective work equipment, your employer might face fines for breaching health and safety regulations, in addition to compensating you as an injured worker.

The HSE also requires companies to report product defects to the appropriate market surveillance authority (MSA) or regulator.

What defects can I claim injury compensation for?

You can claim compensation for injuries caused by various defects, for which your employer is usually liable. These include known defects (reported by other workers), defects the employer should have identified through regular checks, defects from inadequate maintenance, misuse due to insufficient training, not replacing outdated equipment, and not providing suitable tools, PPE, or equipment.

Can I still claim if my employer didn't know about the defect?

Usually, yes.

Work equipment can sometimes have defects that an employer couldn't reasonably predict or notice. For instance, a circular saw blade might have an unseen flaw leading to failure.

Even if an employer takes all reasonable precautions, like regular training, safety protocols, and frequent maintenance, accidents can still occur.

If an accident results from defective equipment, a claim may still be viable under 'strict liability'

How strict liability works for defective work equipment injury claims

Regulation 5 of the Provision and Use of Work Equipment Regulations 1998 (PUWER) imposed a strict liability for defective work equipment injuries on employers. This meant that, if an employer was injured by defective equipment, their employer would be required to pay compensation, even if the employer was not negligent.

However, the law changed in 2013, removing this strict liability.

Despite this change, it is still possible to claim compensation for faulty equipment, usually under Employer’s Liability (Defective Equipment) Act 1969.

Under the Act, you can usually make a claim for defective equipment if:

• You were injured at or during work
• Defective equipment caused your injury
• The equipment was provided by your employer, for the purposes of your work
• The defect was (in whole or part) due to the fault of a 'third party'

The 'third party' would usually be the manufacturer of the equipment, but could be a negligent maintenance or service provider. In some cases, it may be possible to claim compensation from the manufacturer of the faulty equipment.

Your solicitor will gather evidence and consider the circumstances of your accident before identifying which party to claim compensation against.

Experienced work accident solicitors

We have successfully helped many employees in claiming compensation for injuries from defective work equipment, including injuries from faulty safety guards, defective PPE, malfunctioning power tools, faulty wiring, and defective heavy machinery.

Defective work equipment claim case study

£2,270,000 compensation was awarded to a claimant seriously injured by defective work equipment.

The claimant worked for the defendants as a machine operator. Operating a milling machine when the hydraulic system failed, the claimant sustained severe crush injuries. The defendants did not dispute liability for the claimant's accident. They accepted that the work equipment they had provided was defective.

The claimant sustained spinal cord damage and several tears to internal organs. These included his bowel, liver and aorta. The claimant had a serious fracture to her acetabulum (hip joint).

The claimant and his injuries were sufficient to require full-time care. His home required extensive alterations to accommodate his healthcare needs, including a motorised bed and a wet room. The claimant had surgery in respect of reconstruction and might need future surgery.

Faulty work equipment injury settlement

It was agreed between the claimant's and defendants solicitors that the claimant needed round the clock specialist care for the rest of his life. Medical experts reached agreement that the claimant's life expectancy had been shortened by the accident.

The claimant's solicitors and defendant's solicitors entered into negotiations and a joint settlement meeting took place.

A settlement was agreed, but in view of the seriousness of the claimant's injuries court approval of the settlement was obtained. The court approved an agreed settlement.

The agreed settlement included the sum of £210,000 for the claimant's pain suffering and loss of amenity. He would receive an immediate payment of £2,100,000. It was also accepted that as the claimant got older his care needs would increase. Annual payments were also approved by the court. Initially these would be £35,000. These would rise at age 50 to £65,000. They would rise again at age 55 to £80,000. After the age of 60 the yearly payments would increase to £120,000.

Employers' liability claims claims

Work accident claims, or employers' liability claims, differ from other types of claim. Click on the icons below to read more about claiming:

Work accidents Other accidents

Citations

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.