Defective Machinery Accidents
If you have been injured in a defective or heavy machinery accident at work, we may be able to help you claim the compensation you deserve.
Accidents at work due to defective machinery can be very serious. Machinery has to adhere to a certain standard so that it is safe to use, and your employer must conduct regular checks and tests to prevent machine accidents.
Machinery carries certain risks of being defective. The main things that can be defective and therefore at risk of causing machine accidents include:
- Machine guards
- Stop controls
- Electrical equipment
- Steps and scaffolding
- Inadequate PPE
- Hand and power tools
- Missing covers
- Safety ropes and harnesses
The main industries where machinery accidents are likely to happen include plants, processing and assembly lines, and factories. These industries are effected more, as they involve a lot of machinery work.
Your Employer’s Responsibility
Your employer has to ensure that machinery is safe to use. There are regulations in place to ensure that your employer keeps the machinery safe, and keeps the staff safe from machinery injuries.
To prevent machinery injuries, your employer is responsible for making sure that dangerous machinery and equipment is in good working order, and must adhere to the Provision and Use of Work Equipment Regulations 1998 (PUWER). This means that they must make sure the machinery is safe to use.
To prevent machine accidents, your employer must also make sure:
- Only employees who have had the correct training can use the machinery.
- The machinery is safe for use and has regular inspections.
- Machinery has the correct safety measures equipped (including warning and start stop buttons).
- Employees use the correct machinery for the correct task.
Your employer must also make sure that equipment they do not directly supply is safe to use and is working correctly, if it is in a workplace that they are responsible for.
You may also be able to claim compensation if you’ve suffered machinery injuries after your employer failed to provide you with the correct training, or inadequate training. Everyone who uses dangerous machinery must have thorough training to ensure that they are safe whilst doing so.
We understand that you may feel uneasy about claiming against your employer, but they will be covered. All employers are required to have employer’s liability insurance, which is designed to cover the costs of machine accidents, so your employer won’t be left out of pocket.
Portable appliance testing (PAT) is a safety precaution that ensures the electrical appliances used by places of work are safe for staff to use and will not cause machinery injuries to employees. This is outlined in the Health and Safety at Work Act (1974), which outlines the processes employers must put in place to avoid machine accidents.
PAT testing law requires all equipment to be protected and regularly maintained, and, ultimately, safe to use. Equipment must be PAT tested regularly, to make sure employees who use the equipment are kept safe.
There are EU regulations when it comes to using dangerous equipment in the workplace, to prevent workers from suffering machine accidents. Under the Supply of Machinery (Safety) Regulations 2008 and 2011, all new machinery that is purchased and used in a workplace should:
- Have a CE mark – this makes sure that the machinery complies with the relevant EU regulations.
- Have a declaration of conformity – this is the manufacturer confirming that it meets the relevant EU regulations.
- Include English instructions – this allows employees to fully understand the implications and dangers of the equipment they’re using, to prevent unnecessary machine accidents.
If your employer has not ensured that the machinery meets these regulations, and you have had suffered machinery injuries, then you may be able to claim compensation.
If you are an agency worker, you have just as much right to claim compensation for machine accidents as permanent staff. Your employer has a duty of care to every employee, whether that be full time, part time, permanent or temporary. This includes agency workers. Agency workers must also go through the same amount of training as a permanent staff member, to ensure that they can safely use the machinery without the danger of machine accidents.
How We Can Help
Here at The Compensation Experts, we work with expert solicitors who deal with machinery injuries at work. This includes machine accidents involving dangerous or defective equipment. They are extremely well placed to help you get the compensation you may be entitled to.