Employers have duties under the Provision and use of Work Equipment Regulations 1998 to provide suitable work equipment from a safety point of view and to ensure that all equipment provided is maintained in a safe condition. Failure to maintain equipment in an efficient state, in efficient working order and in good repair will amount to breach of the regulations.
Following the coming into force of the Enterprise and Regulatory Reform Act 2012 injuries caused after September 2013 as a result of defective equipment will no longer attract 'strict liability' on the part of the employer/their insurer. Workers injured from 1st October 2013 onwards must prove that there was negligence on the part of the employer to be able to claim damages for instance where there hav not been sufficient procedures for regular and thorough inspections and servicing of equipment.
The Employers Liability Defective Equipment Act 1969 can assist in establishing liability.
A duty is owed to injured workers by the suppliers or manufacturers of defective equipment provided by the employer for the use of their workforce under the Consumer Protection Act 1987.
Carrs Solicitors has considerable experience at winning compensation for clients injured by unsafe or unsuitable equipment to include unguarded dangerous parts of machinery, collapsing step ladders and overhead walkways, leaking pipes, defective brakes or lighting and unsuitable lifting gear, forklift truck attachments and lifting equipment , as well as claims relating to damaged or unsuitable Personal Protective Equipment. We can act on a no win-no fee basis with no up-front charges and a limited contribution only from any damages recovered.
Our experience of winning work equipment cases often working with engineers means that we have a good understanding of the many industrial and construction site working environments and equipment involved in work equipment related injury which helps greatly in identifying the underlying breaches of legal duty.
At Carrs Solicitors, you will always have a senior solicitor who will personally handle every aspect of your personal injury claim and who will always be available to answer your questions. We are ready to listen and to offer free impartial advice in strict confidence.
No win, no fee, no obligation
Whilst we are based in Bolton, we are happy to travel nationwide. Arrange a home visit today.