Accident At Work Caused By Defective Or Faulty Equipment
Claiming compensation for injuries arising from faulty work equipment
Accidents and injuries at work are often caused by defective or faulty work equipment. The Provision and Use of Work Equipment Regulations 1998 apply to all work equipment.
“Work equipment” is defined as meaning ‘any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not)’. “Use” in relation to work equipment means ‘any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning'.
In addition, more specialist regulations are sometimes applicable such as:
Lifting Operations and Lifting Equipment Regulations 1998
Work equipment has to be suitable for the purpose for which it is used or provided and employers have to take steps to minimise the risk of any effect machinery may have upon an employee's health and safety. An assessment has to be carried out to identify any risks. Whilst carrying out assessments, employers need to have regard for working conditions, risks caused by premises and the undertaking and specific use of the equipment concerned. Employees are also entitled to be notified of any risks to their health and safety highlighted by the said risk assessments.
Every employer has to ensure that work equipment is maintained in an efficient state, in efficient working order and is in good repair. Inspections of machinery are often required for example if equipment is exposed to conditions likely to cause deterioration.
Employees also have to be adequately trained on methods of use, risks and precautions. Measures have to be taken to protect employees against dangerous or potentially faulty machine parts.
Having dealt with many claims of this nature we are experienced in combating the issues that can arise in faulty work equipment claims.