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PUWER applies to companies who own, operate or have control over work equipment, but those obligations still apply to equipment which is hired or if an employee is allowed to provide their own equipment.
The PUWER regulations require that work equipment is not only suitable for the task, but is also is maintained and inspected regularly and withdrawn if found to be unsafe. Employees must be adequately trained in how to use the equipment and given suitable personal protective equipment if needed.
Some work equipment is subject to other health and safety legislation in addition to PUWER. Lifting equipment must also meet the requirements of LOLER, pressure equipment must meet the Pressure Systems Safety Regulations and personal protective equipment must conform to the PPE Regulations.
If an employer or manufacturer failed in any of these prescribed duties, and you sustain injuries due to faulty machinery, you may be able to claim a financial pay-out award.
government help and benefits for people with injuries due to faulty/defective machinery
Government help and benefits are available for those injured by faulty or defective machinery, but will depend entirely on the nature and severity of the injuries you suffered.
If your injury was caused by a negligent employer and you have received state benefits as a result of your injuries you may wish to set up a personal injury trust that will protect your pay-out award while maintaining your entitlement to means tested state benefits.
Your trade union may be able to assist you with legal matters and can provide information about what benefits you may be entitled to, or at least point you in the right direction, and give you help in applying for them.
That support will be either means-tested, based on current income and savings, or based on your National Insurance contributions and an assessment of the level of your disability.
Means-tested benefits include income-related employment and support allowance, housing benefit and council tax relief. Benefits based on assessment of your disability can include personal independence payment and industrial injuries disablement benefit as well as help to buy or hire any specialist equipment you may need.
how do I make a claim about an injury due to faulty/defective machinery
However your injury happened at work, it’s important to use a solicitor with expertise in this field.
Previously in claims involving defective equipment if you could show that the injury was caused due to faulty equipment then liability would automatically attach. However, this is no longer the case and you must prove that your employers negligence lead to you sustaining injury.
Proving that your employer was at fault means that evidence must be gathered to support your claim. You should take some steps yourself such as reporting the accident to your manager or supervisor and making sure a record of your accident in the firm’s accident book.
Take photographs of the equipment if possible and get details of work colleagues who witnessed your accident. Make a note if there have been previous problems with the equipment that injured you. All this will help to strengthen your case.
It may be necessary to inspect the faulty equipment, in which case a Shoosmiths solicitor will visit your place of work. If needed, we will also use specialist engineers to test the suspect machinery or equipment.
There are time limits in these types of claim, so you should get in touch as soon as possible. We aim to make the process stress-free and will explain all your options in plain English.
if I have a case about an injury due to faulty/defective machinery
Injuries caused by defective machinery can be mild but accidents such as electrocution can often be fatal and in more serious incidents amputation (traumatic or surgical) is very common. If you have sustained an injury from using defective equipment the physical and mental effects cannot be underestimated.
Pursuing a claim will not only ensure that you are properly remunerated for your injury, but will also mean that you are reimbursed for any losses and expenses that you have incurred. This includes any future loss of earnings if your injury means that you have to take time off work (or cannot return to work at all) as well as funding the cost of medical treatment and rehabilitation.
If the accident occurred at work and it can be shown that you employer breached their duty of care towards you as set out in the Provision and Use of Work Equipment Regulations 1998 (PUWER) you may very well be able to successfully pursue a claim.
Recent legislative changes have shifted the burden of proving there was such a breach of care on to the injured claimant rather than a negligent employer, but that should not deter you from finding out if you have a case. Any solicitor is unlikely to take your case on unless they think it stands a good chance of success, especially if they are representing you on a No-Win-No-Fee basis.
more about injuries due to faulty/defective machinery
When injuries due to faulty or defective equipment happen at work and employees are protected by a number of regulations which are aimed at promoting occupational health and safety.
The courts have a wide interpretation of the meaning of 'work equipment'. Aside from the obvious things such as presses, drills and lathes, coffee machines, lifts, doors, vehicles, ladders and knives have all been held to be 'work equipment'.
A machinery injury at work can have many causes. Crush type injuries can be a result of a missing or inadequate safety guards. Serious injuries such as industrial deafness of loss of vision can result from inadequate ear or eye protection. A lack of proper training in how to use work machinery can lead to injury or the equipment itself may simply be unsuitable for the job or poorly maintained.
Suffering any injury due to faulty or defective machinery can have serious personal and financial consequences. Pursuing a claim will not only ensure adequate pay-out for the injury, but will also allow access to the best rehabilitation and treatment providers to aid recovery.
Rehabilitation and pay-out award for injury at work
Our client Darren O'Neill suffered a machinery injury which left him unable to work and facing real concern about how he would continue to provide for his family.
Find out how Shoosmiths helped Darren secure the compensation he deserved here.
£200,000 compensation for injured IDU member
David Parker was an AA patrolman and had attended a breakdown just off Junction 15 of the M1. The AA member reported hearing noises coming from beneath her car, so David had used the trolley jack provided as part of his roadside equipment to raise each corner in turn to inspect the underside of the vehicle.
Read how Shoosmiths helped David secure £200,000 in compensation here.
Our expert team of specialist solicitors know exactly what you are going through and have helped hundreds of victims of an injury due to defective machinery or equipment get the justice they deserve.Why Shoosmiths