A guide to making a No Win No Fee defective work equipment accident claim
The Health and Safety Executive estimates 629,000 people sustained injuries from workplace accidents in 2013-14.
Defective work equipment is responsible for a wide range of injury types, including impact injuries from falls, crushing injuries and serious injuries to arms and legs.
The legal definition of ?work equipment' is intentionally wide. The definition includes any machines, tools or devices provided by an employer to their employees, to assist in the execution of their work.
The ?work equipment' definition also covers equipment provided by employers to be used at a customer's premises. This includes tools and equipment used by construction workers on site, electricians and plumbers.
If you are injured as a result of defective work equipment, it may be possible to make an accident at work compensation claim.
Is my employer liable for my defective equipment injury?
The majority of workplace equipment is subject to the Provision and Use of Work Equipment Regulations 1998 (PUWER). These Regulations impose a ?strict liability' on employers who control work equipment. Under these Regulations employers must ensure:
- Safety procedures and appropriate training are provided for the use of machines, tools and devices
- Safety procedures for the use of machines, tools and devices are enforced, and employees are appropriately supervised
- Machines, tools and devices are safe to use, frequently inspected, well maintained and fit for purpose
Some types of work equipment are also subject to more specific regulations, including:
- Electricity at Work Regulations 1989
- Personal Protective Equipment at Work Regulations 1992
- Lifting Operations and Lifting Equipment Regulations 1998
If you are injured as a result of defective work equipment, your solicitor will not have to prove your employer was negligent.
Under the ?strict liability' of employers, your solicitor need only prove that the work equipment is defective, and caused your injury.
Eligibility to make a defective machinery accident claim
Your compensation claim must be made within three years of the accident date, or three years from the date that you became aware of your injury.
Your solicitor will assess the value of your claim, which may include amounts for:
- Medical costs
- Pain and suffering
- Loss of amenity - adjustments to your social and personal life as a result of the injury
- Loss of immediate and future earnings
- Expenses related to the injury, such as hiring personal care, or travel costs to hospital
The final settlement amount agreed by the Court will relate to the severity of the injury, and any ongoing impairment caused.
No Win, No Fee work accident claims
A No Win, No Fee agreement, or CFA (Conditional Fee Agreement), comprises a crucial piece of a claim for injury compensation.
The CFA sets out the terms and conditions between you and the lawyer. It details the service provided by your solicitor, and crucially, a "success fee". The "success fee" will be the amount that will be deducted from your compensation award when your solicitor wins the case.
There will be no hidden fees with a Quittance injury-specialist solicitor. You can focus on your rest and recovery, knowing that there is nothing to pay up front.
What to do next
Before you decide to instruct a solicitor arm yourself with information about the process. The right information will help you to make the best choice for your future.
If you would like to know more before phoning, see our FAQ pages.
Comparing personal injury solicitors
The vast majority of injury lawyers tend to work on a no win no fee (conditional fee) basis as this is the industry standard. For more information on solicitors' fees, including how much more compensation you could keep with Quittance, get a comparison quote here.
How to get a personal injury claim started
Call the Quittance team on 0800 612 7456 to commence the compensation claim, or you can begin your claim for compensation online here.
Do you have any other questions? The Quittance team can help
Speak to a member of the Quittance team today to discuss your claim. Request a no-obligation callback or call us on 0800 612 7456.