{"id":16276,"date":"2014-07-24T17:59:54","date_gmt":"2014-07-24T16:59:54","guid":{"rendered":"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/?p=16276"},"modified":"2014-07-24T17:59:54","modified_gmt":"2014-07-24T16:59:54","slug":"have-you-used-dangerous-or-defective-equipment-at-work-which-your-employer-knew-about","status":"publish","type":"post","link":"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2014\/07\/24\/have-you-used-dangerous-or-defective-equipment-at-work-which-your-employer-knew-about\/","title":{"rendered":"Have you used dangerous or defective equipment at work which your employer knew about?"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/wp-content\/uploads\/2011\/03\/faulty-machinery-claims.jpg\" alt=\"defective equipment at work\" width=\"300\" height=\"299\" class=\"alignright size-full wp-image-6359\" \/>Sometimes when you make a claim, winning or losing comes down to one simple thing &#8211; was your employer aware, or should they have been aware, of a danger or a hazard? Claims can only be successful where we can prove a breach of important health and safety legislation. Your employer has to have been negligent and has to have breached the duty of care they owe to you.<\/p>\n<p>So what if your employer was, or should, have been aware of a dangerous or defective piece of equipment at work?<\/p>\n<p><!--more--><\/p>\n<p>If your employer knew that equipment at work was dangerous or defective but they continued to let or make employees use it, you have a very strong chance of winning the claim. When it comes down to <em>if<\/em> they ought to have known about it, it can come down <em>how<\/em> this is so. If a supervisor knew about it and failed to report it to a manager, then that supervisor being negligent can fall on to the employer overall.<\/p>\n<p>Knowledge is power &#8211; and if there is knowledge of a problem, you should be able to succeed with a claim for personal injury compensation.<\/p>\n<p>Even if you knew about the dangers but had been told by your employer to continue using the equipment and to just &#8216;take extra care&#8217; for example, the employer can still be negligent. The legislation is clear on defective and unsuitable work equipment. It reads as follows:<\/p>\n<p><em>5. (1) Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided.<\/em><\/p>\n<p><em>6. (1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.<\/em><\/p>\n<p>If the equipment is not suitable or is not in an efficient state \/ working order \/ repair, there is a breach of these regulations.<\/p>\n<p>An example could be where a wheel keeps falling off of a trolley and you are told to keep using it. If it then falls off and causes an accident, you can make a claim. Or perhaps a lathe keeps releasing a job because the grips are not working properly &#8211; again, if you are told to use it, you can make a claim.<\/p>\n<p><strong>How do employer liability claims work?<\/strong><\/p>\n<p>It&#8217;s normally very simple &#8211; we submit a Claim Notification Form directly to your employer or to their insurers and ask that they accept liability within 30 working days. We send you to see a medical expert who will provide a report for us to value the claim. Once they have accepted liability and we have all the medical and losses \/ expenses evidence needed, we settle on the best terms we can.<\/p>\n<p>It really can be as simple as that &#8211; and remember, you&#8217;re protected by law when making a claim so you should have absolutely nothing to fear when pursuing one. Employers should legally be insured &#8211; all we&#8217;re doing is claiming from that insurance.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Sometimes when you make a claim, winning or losing comes down to one simple thing &#8211; was your employer aware, or should they have been aware, of a danger or a hazard? Claims can only be successful where we can prove a breach of important health and safety legislation. Your employer has to have been &hellip; <a href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2014\/07\/24\/have-you-used-dangerous-or-defective-equipment-at-work-which-your-employer-knew-about\/\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Have you used dangerous or defective equipment at work which your employer knew about?<\/span><\/a><\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28],"tags":[],"class_list":["post-16276","post","type-post","status-publish","format-standard","hentry","category-work-injury-claims"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>used dangerous defective equipment at work employer knew<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.theinjurylawyers.co.uk\/injury-lawyers-blog\/2014\/07\/24\/have-you-used-dangerous-or-defective-equipment-at-work-which-your-employer-knew-about\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"used dangerous defective equipment at work employer knew\" \/>\n<meta property=\"og:description\" content=\"Sometimes when you make a claim, winning or losing comes down to one simple thing &#8211; was your employer aware, or should they have been aware, of a danger or a hazard? 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