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Dangerous equipment at work – Your right to make a claim

Paul Brown takes a look at using dangerous equipment in the workplace and whether you can make a compensation claim if you sustain an injury.

There are many professions in which employees must use and operate potentially dangerous equipment at work. Unfortunately, accidents frequently occur in the workplace and operating dangerous work equipment can have serious consequences, causing a variety of traumatic injuries.

Employers have a legal responsibility to minimise the chances of an accident arising. They must implement the appropriate safety procedures to keep employees safe. Sadly, many employees still find themselves at risk and subject to injury due to their employer’s negligence.

If you have suffered a traumatic injury as a result of dangerous equipment at work, then you may be entitled to make a claim for compensation.

At Major Trauma Group, we fight to ensure our clients are financially compensated for their pain and suffering, and that their medical and rehabilitation needs are appropriately and efficiently addressed as soon as possible following serious injury.  We also look to obtain early interim payments to ensure any loss of earnings are paid.

We work collaboratively with insurers to advocate for specialist rehabilitation treatments to encourage better chances of recovery and an overall better quality of life following a traumatic injury.

Employers’ Responsibilities

The protection available to employees was previously subject to what is called strict liability meaning that the burden of proof was on the Employer to show they had followed Health and Safety laws and regulations.  However this has now changed following recent legislation meaning it is up to the employee to prove negligence meaning it’s more important than ever to get an experienced solicitor to support your claim and obtain the necessary evidence. 

Various written rules and regulations have been put in place to help prevent workplace accidents, and non-compliance with these regulations can lead to legal action for employers. The Health and Safety Executive has provided guidance on their website to assist employers in implementing workplace health and safety legislation.

Employers have a legal duty to ensure a safe system of work for their employees. This duty includes overseeing machinery safety and ensuring all parts of machinery are in good working order, as laid out in the Provision and Use of Work Equipment Regulations (1998).

In order to ensure employee safety when using dangerous equipment at work, employers should:

  • Conduct a risk assessment: Employers must assess the risks associated with the use of dangerous equipment and take steps to reduce those risks.
  • Provide adequate training: Only competent persons should be permitted to use potentially dangerous equipment at work. Employers must provide their employees with information, instruction and adequate training in the safe use of the equipment, including any dangerous parts within the machinery. Employees should be made aware of emergency stop buttons that may be used on dangerous equipment when required.
  • Provide personal protective equipment (PPE): Employers must provide their employees with the necessary protective equipment to minimise the risks associated with the equipment. This equipment may include gloves, goggles, and helmets, to protect them from potential hazards.
  • Maintain equipment: Employers must ensure that the equipment is properly maintained and regularly inspected to ensure that it is safe to use.
  • Provide supervision: Employers must provide supervision to their employees whilst they are using potentially dangerous equipment to ensure that they are using it safely and following proper procedures.
  • Post warning signs: Employers must post warning signs in areas where dangerous equipment is being used to alert employees and others of potential hazards.
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Common injuries caused by dangerous equipment at work

Injuries sustained from dangerous equipment at work can present traumatic and life-changing injuries, and sometimes can even lead to fatalities. Some of the more common injuries sustained by dangerous machinery include:

  • Head injuries: Falling from a piece of unsafe equipment or machinery could lead to a fall causing a serious brain injury.
  • Cuts and lacerations: Deep cuts can occur from sharp edges on machinery, power tools, or other potentially dangerous equipment.
  • Burns: Contact with heat causing power tools, chemical handling equipment, or pressure vessels can often to lead to burn injuries.
  • Fractures and broken bones: Fractured bones can result from heavy machinery, power tools, or equipment falling on a person or from limbs being caught in moving parts.
  • Crush injuries: Crush injuries are commonly caused by the use of dangerous machinery at work due to defects in the machinery, or a lack of training.
  • Electrical shocks: Electrical shock injuries often occur when electrical equipment is not properly maintained or insulated.
  • Amputations: The loss of a limb can occur when fingers, hands, or limbs become caught in dangerous parts of machinery or equipment.

What should you do if you have suffered an injury at work?

If you have suffered a traumatic injury as a result of dangerous equipment at work, you should seek medical attention immediately.

You should also ensure that you have reported the incident to your employer. Make sure they record the incident in an accident book and request a copy of this. If you can, you should attempt to obtain witness statements, CCTV footage, and photographs of the scene of the accident to support your case.

If you wish to make a claim against your employer, get in touch with Major Trauma Group to find out how our member firms can assist you in recovering from your injury and obtaining the compensation you deserve.

Why make a claim?

Suffering an injury at work can have devastating consequences, from pain and suffering to having to take time away from work and losing vital income. Many injuries arising from dangerous equipment at work can be severe, from head injuries to amputations, ultimately changing a victim’s life.

Making a claim is not simply about gaining financial compensation for your accident, but also obtaining specialist rehabilitation treatment to assist in the recovery of your injuries.

Our team of lawyers can negotiate with insurers for interim payments and early rehabilitation treatments before the claim is finalised. Such provisions can help to ensure your injuries are taken care of as soon as possible and provide you with financial security during the claims process.

How can Major Trauma Group help?

Our member firms are highly experienced and work tirelessly to support their clients with accident at work claims in relation to dangerous equipment at work. We are well-versed in this area of the law, which enables us to fight well-resourced insurers to champion our clients’ welfare, striving to obtain the compensation and rehabilitation they need to get their lives back on track.

If you have any queries surrounding the process of making a no win no fee personal injury claim with Major Trauma Group, then please get in touch with us today for a free no-obligation discussion to find out more.

Struggling after injury?
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Struggling after injury?
See how Major Trauma Group can help...

Who are the serious injury solicitors of Major Trauma Group, and how can they help me?

Who are the serious injury solicitors of Major Trauma Group, and how can they help me?

Serious injury? Get in touch to see if you can make a compensation claim

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