If you have been injured at work as a result of defective or unsafe work equipment, there may be circumstances where a personal injury claim can be brought.

Work equipment used in the workplace should be safe, suitable for the task and properly maintained. Where equipment is defective, poorly maintained or unsafe to use, the risk of injury can increase significantly.

Accidents involving faulty machinery, tools or equipment can occur across a wide range of working environments, including offices, factories, warehouses, construction sites and retail settings.

Where an injury is caused by defective work equipment, and appropriate safety measures were not in place, there may be circumstances in which a personal injury claim can be brought.

These types of workplace accidents can affect employees, contractors and agency workers across a wide range of industries.

How accidents caused by defective equipment happen

Accidents involving work equipment often arise where equipment has not been properly maintained, inspected or replaced.

Common causes include:

• machinery that has not been serviced or maintained correctly
• missing or damaged safety guards
• faulty tools or equipment provided for use
• equipment being used for tasks it was not designed for
• failure to identify defects before use
• lack of clear instructions or safe systems for equipment use

In many cases, defects may not be immediately obvious until an incident occurs.

Employers’ responsibilities for work equipment

Employers have a duty to ensure that any equipment provided for work is:

• safe to use
• regularly inspected and maintained
• appropriate for the task being carried out
• used in accordance with proper procedures

They are also expected to ensure that employees are given suitable training and supervision when using equipment.

Where these steps are not taken and an injury occurs as a result, responsibility may arise depending on the circumstances.

Who may be responsible for defective equipment?

Responsibility for defective work equipment may depend on how the equipment was supplied, maintained or used.

Depending on the circumstances, this may involve:

• an employer
• a contractor or subcontractor
• a company responsible for maintenance or servicing
• in some cases, the manufacturer or supplier of the equipment

Construction and industrial environments in particular may involve multiple parties, which can affect how responsibility is assessed.

The impact of defective equipment injuries

Injuries caused by defective equipment can vary depending on the type of equipment involved.

These may include:

• cuts, lacerations or crush injuries
• fractures or joint injuries
• burns or electrical injuries
• long term or permanent damage

The impact of an injury may affect not only physical health, but also the ability to return to work or carry out day to day activities.

Claiming compensation for defective work equipment

If an injury was caused by defective or unsafe work equipment, a claim for compensation may be possible depending on the circumstances.

A claim may take into account:

• the nature and severity of the injury
• any time off work or loss of earnings
• the longer term impact on daily activities
• treatment or rehabilitation needs

Each case will depend on its own facts, including how the equipment failed and what steps had been taken to ensure it was safe.

How our accident at work solicitors can help

Our Personal Injury solicitors at Clarkson Wright & Jakes can assist with defective work equipment claims by:

• reviewing the circumstances of the accident

• identifying how and why the equipment failed
• considering who may be responsible
• gathering supporting evidence, including maintenance records where relevant
• explaining funding options, including no win no fee arrangements and Legal Expenses Insurance, where applicable

We approach each case based on the specific working environment and how the incident occurred.

What happens first?

The first step is a confidential, no obligation conversation.

We will listen to what happened, consider how the equipment was being used and whether appropriate safety measures were in place, and explain whether there may be a basis for bringing a claim.

We can also outline the next steps if you decide to proceed. There is no pressure to move forward, and any discussion can take place at a pace that feels right for you.

Time limits for defective equipment claims

Personal injury claims are subject to time limits. In most cases, a claim must be started within three years of the accident or the date you became aware of the injury.

Where defective equipment is involved, early consideration can help ensure that relevant information — such as maintenance records or inspection reports — is available.

Defective work equipment claims – frequently asked questions

What is considered defective work equipment?

Work equipment may be considered defective where it is unsafe, damaged, not properly maintained or not suitable for the task it is being used for.

Can I claim if I was injured using faulty machinery at work?

A claim may be possible depending on the circumstances, including whether the equipment was unsafe and whether this contributed to the accident.

What if I did not realise the equipment was defective?

In many cases, responsibility for ensuring equipment is safe rests with the employer or another party responsible for its maintenance or use.

Does it matter if I was partly responsible?

It may still be possible to bring a claim depending on the circumstances, although this can affect how responsibility is assessed.

Speak to us about a defective work equipment claim

If you have been injured as a result of defective or unsafe work equipment, an initial conversation can help you understand whether there may be grounds for bringing a claim and what steps may be available.

There is no obligation to proceed, and all enquiries are handled in confidence.

Contact our Personal Injury team at Clarkson Wright & Jakes on 01689 887887 or at cwj@cwj.co.uk to discuss a defective work equipment claim. 

Alternatively, you can complete our Personal Injury Calculator here.