Defective Equipment Claims

Our work equipment should be safe to use. When it’s not and it causes harm, you could be able to claim compensation.

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Making a defective work equipment claim

You should be safe when you go to work. This means the equipment you use should be properly maintained and working effectively.

But sometimes it isn’t.

Work equipment – from machinery to tools to PPE – needs maintenance and care in order to work properly. If the right attention hasn’t been paid to it, problems can crop up. And those problems can cause accidents.

The Health and Safety Executive (HSE) reported that in 2019/20, 11 people died after coming into contact with moving machinery, highlighting just how dangerous your work equipment can be.

So if you’ve suffered from an injury caused by defective work equipment, you could be able to make a compensation claim.

Who is responsible for my accident?

Your employer is responsible for ensuring that the equipment you use is safe. They are also responsible for carrying out risk assessments to identify the hazards posed to you by your work environment, which includes the equipment you use.

They are also responsible for training you in the correct use of any equipment you need as part of your role.

If your employer has failed in any of these duties, they can be held liable for any accidents that happen as a result. And that means you could make an accident at work claim against them.

We know that it might be intimidating to make a claim against your employer. But they are required to have insurance in place to cover incidents like this. So you won’t be claiming directly from your employer – their insurer will be the one to pay your compensation.

And you shouldn’t worry that you’ll lose your job if you make a claim. Ending your employment for claiming will open up your employer to claims of unfair dismissal.

How can I fund a defective work equipment claim?

In most cases, our solicitors will be able to take your claim on under a No Win No Fee agreement. That means you won’t have to pay anything upfront, letting you focus on your recovery rather than having to find the money for a legal claim.

You also won’t have to pay anything if your claim is unsuccessful. This ensures there is no financial risk to you for pursuing what you could be entitled to.

If you win your claim, you’ll pay your solicitor a success fee. This will usually be 25% of the compensation you’re awarded. It won’t be any more than that and your solicitor will let you know at the beginning of the process so there won’t be any surprises.

Only pay a fee if you receive compensation

Where we offer No Win No Fee services typically customers pay 25%* of the amount recovered by our solicitors, although this will be subject to your individual circumstances and the actual fee may be less than this. Success fees are common practice and they were introduced when the law changed in April 2013.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

*Excluding Road Traffic Accident related claims where the accident happened on or after 31st May 2021. Here customers you will typically pay 30% + VAT due to changes introduced through Civil Liability Act 2018.

How much compensation will I receive?

Every accident and every injury is different. That means that without an initial chat with you, we won’t know exactly what you could receive in compensation.

You’ll be entitled to compensation that covers:

  • Accessibility adaptations, including mobility aids
  • Any loss of earnings
  • Damage to your personal property
  • Medical treatment expenses
  • Pain and suffering from the injury
  • Travel to and from medical appointments

You may be able to recover compensation for other losses. Your solicitor will be able to give you a clearer idea of what you might entitled to.

How long do I have to make a defective equipment claim?

In most instances of an accident at work, you’ll have three years to make a claim. Although this may sound like you have plenty of time, you should always start your claim as soon as you can. There are some exceptions to the rule, so if you’re not sure whether you can claim, just get in touch.

This is because the sooner you try to access certain pieces of evidence, the more straightforward it can be. For example, getting hold of your workplace CCTV footage can be easier if you request it quickly.

You might also find it easier to recall the details of your accident if you start the claim process as soon as you can. It could be the same for any witnesses that you get a statement from.

What is the process for a defective equipment claim?

After you’ve got the medical attention you need and reported your accident to your employer, you can start thinking about whether you want to make a claim.

The first thing to do is get in touch with the expert team at First4Lawyers. We’ll take some initial details from you and let you know whether we think you have a strong claim. If we do, we’ll match you to one of our specialist solicitors, who will then discuss your claim with you.

They’ll then take over your claim management. They’ll investigate what happened, put together the evidence – which will usually include a medical report from an expert – and present your claim to your employer’s insurer.

While they’re working on your claim, the most important thing you can do is to respond quickly to any requests your solicitor has – from filling out and returning information forms to getting your medical booked.

Your solicitor will then negotiate with your employer’s insurer to get you the compensation you’re entitled to for what you went through.

To find out more about taking legal action for your accident, just give us a call or start your claim online.

Accident at Work FAQs

I had an accident at work – what are my rights?

You have the right to make a personal injury claim after an accident at work. You are entitled to be treated fairly by your employer throughout that process.

You also have the right to Statutory Sick Pay if you earn at least £1 per week before tax and are off sick for four or more days in a row.

What do I need to do in the event of an accident at work?

If you have been injured in an accident at work, you should ensure you do the following: 

  • See a doctor
    Visit your doctor as soon as possible to have any injuries treated and officially record the medical details of your accident.
  • Report it and record it
    Report the accident to your supervisor or manager. Make sure it is recorded in your workplace’s accident book. If you work in a very small business that doesn’t have an accident book, write down the details and give a copy to your employer, ensuring you keep a copy for yourself.
  • Keep track of the details
    If you can, be sure to make a note of the exact circumstances of your accident. If there were any witnesses, record their contact details as you may need to call upon them if you proceed with a compensation claim.
  • Keep track of expenses
    Make a note of any extra expenses that arise because of your accident. This includes travel costs to get to the hospital, loss of income due to time off work and any other related fees or losses. Be sure to hold onto receipts and documents as evidence.
  • Get in touch
    Contact us and we'll help you establish whether you are eligible to claim accident at work compensation. We will also guide you through the process that follows, then our expert accident at work solicitors will manage your case to completion. They will work with you to piece together the circumstances of your accident and ensure you are reimbursed for the losses that were caused.

Could I be dismissed after an accident at work?

No, your employer is not legally allowed to end your employment just because you made a claim. Under Health and Safety Executive guidance, your employer is obliged to provide a safe working environment for you, where any risks to employee safety are properly controlled. When your employer fails in its duty of care and an accident occurs, you are entitled to seek compensation.

If you are dismissed after making an accident at work compensation claim, you could also have a claim for unfair dismissal.

How soon after an accident do I have to return to work?

After an accident at work, you will likely want to keep your losses to a minimum. This will mean you’ll probably want to get back to work as soon as possible. But you should not feel pressured. Your employer cannot legally force you to return to work before you are ready – physically or psychologically.

Who pays the compensation for an accident at work?

If you successfully claim for injury because of an accident at work, your employer’s insurance company should cover the costs of the compensation. Employers are legally obliged to have this form of insurance, and you can find out which insurance company they use by asking to see the insurance certificate all employers must display by law.

Does it matter who or what my accident at work was caused by?

An accident at work can be caused by a variety of circumstances. The injury could result from actions taken by another employee or your employer, unsafe work environments, or a lack of protective clothing or training.

You may also decide to claim compensation if an incident in the workplace has caused a psychological illness – such as severe and avoidable stress or even PTSD – or if you have contracted an industrial disease associated with your role.

If your injury was caused by an accident in your workplace, you may be able to claim compensation.

Why should I report an accident at work?

Reporting an accident at work can help not only you, but your colleagues and anyone else who may visit your workplace. By making your employer aware of what happened, you can help them realise that something has not gone according to plan. They can use this knowledge to help correct the situation, ensuring that it won’t happen to anyone else.

You may also be required to prove that you reported your accident to your employer when making a claim for compensation. If you can do so, it can make the process far more straightforward.

Do you offer no win no fee accident at work claims?

Yes, most of our accident at work claims can be made on a no win no fee basis. This means there is nothing to pay upfront. It also means that if your claim is not successful, there is nothing to pay, eliminating any risk to you.

If this is not possible in your situation, we will talk you through your options so you can work out what the best course of action is.

How long does an accident at work claim take?

The length of time it takes to conclude an accident at work claim depends on your situation. The circumstances of your accident, how severe your injury is and how much it has affected your daily life will all have an impact on how long your claim takes.

Your employer will also affect the timeline. If they accept liability, your claim will be settled quicker than if they deny it.

How long it takes your solicitor to negotiate an appropriate compensation amount will also depend on your employer and their insurer and what they are willing to offer.

Your solicitor will let you know how long they think your claim will take.

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