Thousands of workers suffer injury each year due to accidents involving work equipment. These people could be entitled to claim compensation.
It has long been established that employers have a duty to provide their employees with safe work equipment. If they failed to do so and an employee consequently had an accident in which they suffered injury then the employee would have a valid claim for compensation for their injuries and losses.
In 1992 the Provision and Use of Work Equipment Regulations were introduced in this country, as a result of European Law. Those regulations were subsequently replaced and updated by the Provision and Use of Work Equipment Regulations 1998. They were updated further in 2002. These regulations impose clearer and specific duties upon employers.
Work equipment is almost any equipment used by a worker at work including:-
1. Machines such as drills, saws, presses, cement mixers, photocopiers etc
2. Lifting equipment such as forklift trucks, bath lifts, elevating work platforms, vehicle hoists etc
4. Hand tools such as hammers, drills, screwdrivers, knives, saws etc
3. Other equipment such as ladders, lawn mowers etc
The regulations require employers, amongst other things, to ensure that work equipment:-
1. Is suitable for the purpose
2. Is maintained in good order
3. Is inspected at suitable intervals
Employers, amongst other things, also have to ensure that:-
1. Where there are specific risks, the use of work equipment is restricted to those employees given the task of using it and who have been adequately trained.
2. Adequate health and safety information and written instructions are provided.
3. Adequate training is given.
4. Exposure to specific risks in using work equipment is prevented or adequately controlled (e.g. dangerous machinery has adequate safety guards)
5. Protection is provided against high or very low temperatures.
6. Where appropriate, work equipment has sufficient and readily accessible start change and stop controls.
7. Work equipment is stable.
8. There is suitable and sufficient lighting to use the work equipment.
9. Work equipment is marked and incorporates warnings relating to health and safety.
The regulations also set out duties specifically in relation to mobile work equipment and power presses.
If an employer does not comply with the regulations relating to work equipment then action may be taken against him/her by the Health and Safety Executive (HSE). In the case of serious accidents, an employer may be prosecuted by the HSE and may face a heavy fine or even imprisonment.
If an employer does not comply with the requirements of the regulations and as a consequence, an employee sustains injury then that employee would have a valid claim for compensation against his/her employer. In reality, such a claim would be dealt with by the employer’s insurance company.
Compensation claims for accidents at work would include compensation for the pain, suffering and loss of amenity (known as General Damages) as well as other specific items of expense or loss (known as Special Damages) such as lost earnings whilst off work injured, cost of medication/prescriptions, travel expenses, the cost or value of care and assistance provided by others whilst incapacitated etc.
It is recognised that accidents at work will continue to happen despite all the relevant health and safety legislation and the duties imposed upon employers. That is why provision for compensation is made. Most employers are required by law to have insurance to cover their employees’ accidents at work (the Employer’s Liability (Compulsory Insurance) Act 1969). If you have had an accident at work and suffered injury then you should make a claim for compensation, it is your legal right to do so.
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