Defective Work Equipment Claim — Scotland

Defective Equipment Accidents

Defective equipment accident claims

We all expect that the equipment or tools we use at work are safe and fit for purpose. Most of the time that is the case. However, there are occasions when accidents at work happen due to faulty equipment and machinery.

According to the Health and Safety Executive (HSE), work equipment covers a very wide range of items used in the workplace, including

• Machinery like circular saws, drills, mowers, photocopiers, tractors, dumper trucks, and power presses
• Hand tools like screwdrivers, pliers, knives, hand saws and meat cleavers
• Lifting machines such as forklifts, cranes, vehicle hoists, lifting slings, elevating work platforms, and bath lifts
• Other equipment, such as ladders, scaffolding and water pressure cleaners

Accidents involving equipment and machinery can occur for a variety of reasons, including lack of employee training, inadequate safety equipment, defective equipment and poor maintenance of equipment. Equipment used in hotels and offices, like computers, printers, kettles and toasters, can also cause work accidents.

It is the duty of your employer to conduct regular equipment inspections, and to ensure that adequate training for employees has been provided.

Faulty work equipment accidents in industrial workplaces

Some common industrial accidents that can lead to defective work equipment claims are:

• Injuries from improperly guarded machinery – When machinery lacks proper guards or safety features, workers can suffer injuries such as crushed limbs, amputations, or lacerations.
• Falls from height due to faulty equipment – Defective or poorly maintained equipment used for working at heights can lead to serious falls. Workers may suffer broken bones, head injuries, or even paralysis if ladders, scaffolding, or lifts fail due to defects or lack of proper maintenance.
• Electric shocks from poorly maintained electrical equipment – Potentially dangerous equipment with faulty wiring, damaged power cords, or inadequate insulation can cause electric shocks or electrocution.
• Injuries from defective power tools or hand tools – Tools with broken or missing parts, dull blades, or malfunctioning switches can cause serious injuries to workers. Cuts, puncture wounds, or eye injuries are common when defective tools are used.
• Accidents caused by inadequate or missing safety devices – Workers are at risk of injuries when safety devices such as emergency stop buttons, pressure relief valves, or protective guards are missing or not functioning properly.
• Injuries caused by inadequate personal protective equipment (PPE) – When employers fail to provide correct personal protective equipment or the provided PPE is defective, workers are at a higher risk of injuries. For example, when working with harmful chemicals, faulty respirators can lead to lung illnesses.

Faulty work equipment accidents in office spaces

Some common office accidents that can lead to defective work equipment claims are:

• Injuries from faulty equipment in the office – Even in office settings, faulty equipment can cause accidents and injuries. For example, a defective office chair can collapse, leading to falls and common injuries such as back pain, sprains, or fractures.
• Accidents involving defective computer equipment – Malfunctioning computers or other electronic devices can cause accidents in the office. For instance, a defective monitor can explode, causing cuts from flying glass or burns from the resulting fire.
• Slips, trips, and falls due to office flooring or stairs – Worn-out carpeting, loose floorboards, or damaged stairs can lead to slips, trips, and falls in the office. These accidents can result in injuries such as sprains, strains, bruises, or even broken bones.
• Injuries from kitchen equipment in office breakrooms – Faulty appliances like coffee makers, microwaves, or refrigerators in office kitchens can cause burns, electric shocks, or even start fires. Employers must ensure that all kitchen equipment is properly maintained and safe to use.

If you have been involved in an accident at work involving defective equipment, you may be entitled to personal injury compensation. Speak with our experienced personal injury solicitors in Scotland, who can advise you on your rights and assist you in claiming compensation.

Making a Claim

Who qualifies for faulty work equipment claims?

If you have suffered an injury due to defective work equipment within the last three years, you may be eligible to make a faulty work equipment claim. This applies to various individuals who may be working with such equipment:

• Operators – Employees who are trained and authorised to use specific work equipment, such as machinery, tools, or vehicles, in their respective workplaces.
• Colleagues – Co-workers who share the same workspace or work in close proximity to the faulty equipment, even if they don’t directly operate it.
• Bystanders – People who are in the area where the defective workplace equipment is being used, such as managers, inspectors, or visitors to the workplace.
• Maintenance staff – Employees responsible for repairing equipment in the workplace may be exposed to faulty machinery during their duties.
• Contractors and subcontractors – External workers hired to perform specific tasks in workplaces with unsafe equipment, such as construction sites or industrial facilities.

If you’re unsure whether you qualify for a faulty work equipment claim, consult with an expert personal injury lawyer from Watermans today.

How do I make a defective equipment accident claim?

Injuries sustained from the use of defective equipment can be serious, and the recuperation period can be a long one. This may have a financial effect on you and your family, through loss of earnings during this time. If you were involved in an accident at work within the last three years due to the negligence of another party, then you are entitled to claim for compensation.

It is important that after your injury, you take these necessary steps to aid your compensation case.

• Seek medical attention – It is important to make sure any injuries sustained from the accident receive immediate medical attention, not only for health reasons but also because medical records and receipts are crucial evidence in your claim further down the line.
• Report the accident – You should also report the accident to your employer (and the main contractor if it is on a construction site) as soon as possible. By making a health and safety record of the event, you’re providing yourself with additional proof, making your claim process easier.
• Gather evidence – If possible, take photographs of the faulty equipment and the accident scene. Collect medical evidence and the names and contact information of any witnesses who can provide testimony to support your personal injury claim.
• Keep a record of expenses – Keep a record of all expenses incurred due to the accident, including medical bills, transportation costs to and from medical appointments, and any lost wages resulting from time off work.
• Seek legal advice – Reach out to our knowledgeable defective equipment solicitors who specialise in defective equipment claims. They can guide you through the claims process, help gather necessary evidence, and negotiate with insurers on your behalf to claim the compensation you deserve.

At Watermans, we understand that making a faulty equipment injury claim may seem like a daunting task for you. That is why we offer straightforward legal advice, offering guidance and support throughout your compensation claim. Plus, we operate on a no-win, no-fee claim basis, meaning that if we don’t win, you don’t pay any solicitors fees and can pursue your claim without any financial risk.

Contact our expert personal injury solicitors today to begin your compensation claim so that you can get your life back on track.

How Much Compensation?

How much compensation can I claim for a defective equipment accident?

As with all personal injury claims, each potential compensation amount will differ. In the case of injuries sustained from using defective equipment, you may be entitled to compensation for

• Medical, rehabilitation and hospital expenses – This includes the cost of any medical treatment required following the workplace accident, such as emergency room visits, surgeries, or hospitalisation.
• Loss of earnings or earning capacity – If your injury has forced you to take time off work or has impacted your ability to perform your job, you can claim for lost wages. This includes both past and future lost earnings.
• Any future expenses as a result of the injury – Some injuries may require long-term treatment or care. In such cases, you can claim for the estimated cost of future medical expenses, including anticipated surgeries, medication, or therapy needs.
• Home modification and care expenses – If your injury has left you with a disability that requires modifications to your home or if you need assistance with daily tasks, you can claim for these additional costs.
• Pain, suffering and loss of enjoyment of life – Aside from the financial implications, an injury can also cause intense physical pain, emotional distress, and a reduced quality of life. You can claim compensation for these non-economic losses.

Whatever your defective work equipment injury, you can be sure that Watermans will fight for the best possible outcome for you. We are committed to helping you achieve a successful claim that accounts for all of your losses.

We also provide a personal injury claim calculator on our website. This tool allows you to get a rough estimate of the amount of compensation you may be entitled to for your defective work equipment claim based on your specific injury.

Why Watermans?

Why should I choose Watermans to pursue my defective machinery injury claim?

Watermans make legal services look and feel easy so people can move forward in life.

Our expert team of defective product solicitors is committed to doing everything to make the claims process straightforward for our clients following an accident. We take the hassle from you and fight each defective machinery claim case to secure the maximum level of compensation.

We also provide access to a range of additional services, such as physiotherapy and psychological treatment, to ensure you recover from your injuries as soon as possible and get your life back on track.

Experienced Personal Injury Solicitors in Scotland

Our expertise in personal injury covers a wide range of areas, including accidents at work, public liability claims, road traffic accidents, fatal and serious injury claims and cases relating to child and historical abuse.

We represent thousands of clients throughout Scotland each year, securing millions of pounds in compensation for our clients. We work on a no-win, no-fee basis, which means that if your faulty equipment claim is unsuccessful, you won’t end up out of pocket.