Defective Equipment Lawyers — Scotland

Defective Equipment Accidents

Have you been injured at work using faulty or poorly maintained equipment within the last three years? If so, you may be entitled to pursue personal injury compensation.

In most cases, you have three years from the date of your injury, or from the date you first became aware that the equipment caused it.

Under the Provision and Use of Work Equipment Regulations 1998, your employer must ensure that work equipment is:

• Suitable for the job
• Properly maintained
• Safe to operate

If you were injured because those responsibilities were not met, that failure may form the basis of a defective equipment claim in Scotland.

When Can You Make a Defective Equipment Accident Claim?

Most workplace equipment or tools are safe when properly maintained and used correctly. However, accidents at work can happen when standards slip.

According to the Health and Safety Executive (HSE), equipment and tools at work include:

• 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
• Poor maintenance or inspection procedures

Equipment used in hotels and offices, like computers, printers, kettles and toasters, can also cause workplace injury.

Your employer is legally obligated under work equipment regulations to conduct regular machinery inspections and staff training. This ensures all employees receive proper training in the use of safe and functional equipment.

Faulty Work Equipment Accidents In Industrial Workplaces

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

• Improperly guarded machinery: Missing safety features can lead to workers suffering injuries such as crushed limbs, amputations or lacerations.
• Falls from height: Defective or poorly maintained equipment used for working at heights can lead to serious falls. Workers may suffer broken bones, head injuries, paralysis or other life-changing injuries if ladders, scaffolding, or lifts fail due to defects.
• Electric shocks: Potentially dangerous machinery with faulty wiring, damaged power cords or inadequate insulation can turn defective equipment into a serious workplace hazard.
• Defective power tools or hand tools: Broken tools or manufacturing defects can cause serious injuries to workers. Cuts, puncture wounds or eye injuries are common when defective tools are used.
• 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.
• 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 claims are:

• Faulty office equipment, like an unstable chair, can lead to back injuries, sprains, or fractures.
• Defective computer equipment can explode, causing cuts from flying glass or burns from the resulting fire.
• Slips, trips, and falls due to worn-out carpeting, loose floorboards or damaged stairs can result in injuries such as sprains, strains or even broken bones.
• Faulty kitchen equipment can cause burns, electrocution or even start fires. Employers must ensure that all kitchen equipment is properly maintained and safe to use.

Making a Successful Claim

Who Qualifies For Faulty Work Equipment Claims?

You may qualify for a faulty work equipment claim if you were injured within the last three years. This applies to various individuals who may be working with equipment, such as:

• 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 proximity to the faulty equipment, even if they don’t directly operate it.
• Bystanders: People 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 hazardous equipment, such as construction sites or industrial facilities.

If you’re unsure whether you qualify for a faulty work equipment claim, consult with a qualified solicitor 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 extensive. This may have a financial effect on you and your family through lost income during this time.

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

• Seek medical attention: It is important to ensure that any injuries sustained from the accident receive immediate medical attention. Medical records and receipts are crucial evidence in your claim further down the line.
• Report the accident: You should notify your employer (and the main contractor if it is on a construction site) as soon as possible. By ensuring the accident is recorded in a health and safety book, you’re providing yourself with additional proof, making your claim process easier.
• Collect evidence: If possible, take photographs of the faulty equipment and the accident scene. As your solicitor, we can 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 earnings resulting from time off work.

At Watermans, we understand that making a defective equipment injury claim may seem like a daunting task. That is why we offer straightforward legal advice, guidance and support throughout your compensation claim.

We operate on a no-win, no-fee claim basis. This means that if we don’t win, you don’t pay any solicitors’ fees and can pursue your claim without any financial risk.

Contact our qualified solicitors today to begin proceedings for your compensation claim so that you can get your life back on track.

How Much Compensation Can I Expect?

What Can You Claim Compensation For?

As with all personal injury claims, each compensation amount will differ. In the case of an injury suffered 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 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 these additional costs.
• Pain, suffering and loss of enjoyment of life: An injury can also cause intense physical pain, emotional distress, and a reduced quality of life. You can claim compensation for these losses.

We also provide a personal injury claim calculator on our website. This tool provides a rough estimate of the compensation you may be entitled to based on your specific injury.

Why Choose Watermans?

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

Watermans simplifies legal services so people can move forward in life.

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

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

Experienced Personal Injury Lawyers in Scotland

Our personal injury law firm oversees a wide range of issues, including:

• Accidents at work
• Public liability claims 
• Road traffic accidents 
• Fatal and serious injury claim compensation

We represent thousands of clients throughout Scotland each year, securing millions of pounds in compensation for our clients. With law firms in Edinburgh, Dunfermline, Dundee, and Glasgow, we make getting clear, straightforward legal advice simple and accessible.