Faulty Equipment in the Workplace
Every employee will use some form of equipment while in the workplace. From the desk at which you sit to heavy industrial machinery, it is an employer's duty to ensure all equipment used by staff is safe and well maintained.
Safety in the Workplace – An Employer's Duty
Each and every employer has a legal obligation to protect the health, safety and welfare of their staff while they are at work. This is known as a duty of care and covers a range of responsibilities which together ensure there is a safe working environment.
Part of this duty involves protecting staff from defective equipment. In order to do so, employers must adhere to the following:-
- Provide equipment that is in good working order;
- Carry out regular inspections to ensure equipment remains in good repair;
- Adequately train staff to use the equipment, highlighting risks and hazards;
- Provide protective clothing and/or accessories when using equipment, if necessary;
- Explain findings of risk assessments and notify staff of the risks found;
- Take action if an employer points out a problem with a piece of equipment;
- Remove and/or halt the use of faulty equipment immediately.
Faulty Equipment and Work Accidents
While the law does not expect an employer to be able to eliminate every risk in the workplace, employers do have a legal requirement to make a working environment safe by taking steps that are 'reasonably practicable'. If an employer fails to do so, then they have breached their duty of care towards their staff. This is a serious offence, as the welfare of employee's will be put in danger.
Should an employer neglect to take reasonably practicable measures to provide safe working equipment, the risk of an employee suffering a work accident will be significantly increased. This may then lead to an employer sustaining a serious injury, some of the most common of which include:-
- Crushing injuries from defective industrial machinery;
- Injuries from a lack of protective equipment – eg. burns to the skin or damage to the eye;
- Falls from poorly maintained ladders;
- Electrical shock from poorly installed electrical equipment;
- Injuries from lack of lifting equipment;
- Failure to provide training on how to use equipment.
Making a Work Accident Claim
Every year, Work Accident Solicitors deal with claims that involve serious injury from defective equipment, many of which could have been prevented if only employers had complied with their legal obligations.
In such an event, the injured party should seek advice from a legal expert without delay. This is because it may well be possible to make a personal injury claim. While many people may feel uncomfortable about taking legal action against an employer, it is important to remember that you may be rightfully entitled to compensation. Furthermore, if you do pursue a work accident claim against your current employer, it will not interfere with your employment status. If it does, we can advise you on what to do in the event of unfair dismissal.
For more information, speak to a legal expert at Work Accident Solicitors today. We have a wealth of experience in dealing with faulty equipment claims, enabling us to suggest what action you should take next. If this involves making a claim, you may be awarded compensation for the pain and suffering you have experienced, along with a sum for the financial expenses you have lost.
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