Dangerous & Defective Equipment at Work Compensation Claims
Employers have an obligation to ensure that work equipment is safe for its intended purpose and that it is properly maintained. Detailed obligations are set out in the Provision & Use of Work Equipment Regulations 1998. How this legislation will apply to any claim for personal injury compensation will depend upon the date of the accident.
Where the accident occurred prior to 1st October 2013 it is only necessary to show that the accident occurred because the equipment was defective. It is not necessary to show that the employer knew or should have known of the defect. The defect itself is enough to give rise to a valid accident compensation claim.
Following a change in the law, where the accident occurred on or after 1st October 2013 it must be established that the employer either:
- knew of the defect but failed to correct or
- failed to operate a regular system of inspection and maintenance which would have identified the defect prior to the accident.
Accident claims involving work equipment do not only arise from the actual use of the equipment itself.
An accident at work may occur for example if a machine leaks oil creating a spillage which in turn may cause an employee to slip. In such cases it will be necessary not only to look at the condition of the equipment, but also the actions of any fellow employees who may have used the equipment or seen the spillage prior to the accident.
At Sintons our personal injury specialists have a wealth of experience in pursuing all types of workplace accident claims.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.