By Jo Greenwood. Last Updated 15th June 2023. This guide will explore when inadequate tools and equipment claims could be made. Employers owe their employees a duty of care to take reasonable steps to reduce or remove the risk posed by hazards in the workplace. In some cases, it’s necessary for them to provide personal protective equipment (PPE) as part of the reasonable steps they should take. However, if they fail to do so, causing you harm as a result, you may be able to seek compensation. We will explore this further in our guide.
Additionally, we will explore the legislation that outlines your employers duty of care in more detail.
Furthermore, this guide aims to provide examples of accidents and injuries that could be caused by inadequate or defective equipment in the workplace.
Inadequate tools and equipment claims guide
Whilst we have aimed to provide the information you need, we understand you may still have questions after reading. If so, you can get in touch with our team of advisors. They can provide further clarification on anything of which you’re still unsure.
To get in touch, you can use the following details:
- Phone – 0800 073 8804
- Live chat – Speak to an advisor using the live chat feature below.
- Online form – Fill out our contact form with your details and an advisor can get back to you.
Select A Section
- The Provision and Use of Work Equipment Regulations 1998 (PUWER)
- What Tools And Equipment Are Covered By PUWER?
- How Could Inadequate Tools And Equipment Cause Accidents?
- What Injuries Could Be Caused By Inadequate Tools And Equipment?
- Inadequate Tools And Equipment Claims Calculator
- How To Make An Inadequate Tools And Equipment Claims
The Provision and Use of Work Equipment Regulations 1998 (PUWER)
The Provision and Use of Work Equipment Regulations 1992 (PUWER) sets out an employers responsibility with regards to the equipment used by employees in the workplace. It states that equipment provided for use in the workplace should be:
- Suitable for the intended use
- Safe to use
- Maintained and inspected
- Used by those who have received the appropriate training, information or instruction
- Used in accordance with specific requirements
Additionally, there should be suitable health and safety measures in place, such as visible markings, emergency stop devices and warning devices.
What Tools And Equipment Are Covered By PUWER?
Generally, PUWER covers equipment that is used by an employee at work. This can include any machinery, appliance, apparatus, tool or installation that is used for work. For example:
- Hammers
- Knives
- Drills/Drilling machines
- Circular Saw
- Dumper Truck
- Power Presses
- Lifting equipment
Providing Workplace Equipment
Employers providing workplace equipment have a responsibility to ensure they take reasonable steps to ensure it is safe to use and regularly maintained. This can reduce or remove the risk of sustaining harm in the workplace.
However, if an employer fails to uphold their responsibilities, it could result in you sustaining harm in an accident involving inadequate tools and equipment. Claims could be made in some cases, however if you require more information, you can call our team on the number above.
How Could Inadequate Tools And Equipment Cause Accidents?
An employee using tools and equipment may face certain risks. However, employers are required to remove or reduce the risk faced by employees as per the PUWER. In some cases, they might fail to do so, though. For example:
- Failing to provide adequate training: An employee may have been unfamiliar with a piece of equipment such as a forklift truck. The employer should provide the employee with the appropriate training. However, if the training isn’t adequate it could lead to the employee not understanding how to safely use the equipment. This could lead to the employee sustaining several injuries in a forklift truck accident.
- Failing to maintain equipment: Your employer may have failed to carry out regular risk assessments on the equipment. As a result, they may have been unaware of a fault with the emergency stop button on a piece of machinery leading to someone sustaining a crushed hand injury.
- Not providing necessary PPE: Additionally, an employee could sustain harm if inadequate protective equipment is provided. For example, they may require gloves when handling hazardous materials but are provided gloves with holes in them. This could lead to them developing a reaction to the hazardous substances.
To discuss whether you’re eligible to make inadequate tools and equipment claims, call us on the number above.
What Injuries Could Be Caused By Inadequate Tools And Equipment?
The use of inadequate tools and equipment in the workplace could lead to various types of injuries, such as:
- Arm injuries
- Leg injuries
- Back injuries
- Neck injuries
- Chest injuries
- Foot injuries
- Hand injuries
- Head injuries
You might also sustain psychological harm, such as stress or anxiety due to having to take time off work while recovering. If you can prove that the injuries you sustained resulted from negligence, please get in touch on the number above. An advisor can discuss when inadequate tools and equipment claims could be made.
The Time Limit For Work Accident Claims
Now we have explained what types of accidents and injuries can be caused by inadequate work equipment, you might be interested in making a claim. As well as being able to prove that negligence occurred, you’d need to start your claim within the relevant limitation period.
Under the Limitation Act 1980, you will generally have 3 years to start a claim from the date of the accident that injured you. There are some exceptions to this three-year limit, however.
For example, if a minor were to be injured in a workplace accident, they would not be able to start a claim until their 18th birthday. From this date, they will then have until their 21st birthday to launch a claim. However, prior to their 18th birthday, a court-appointed litigation friend could make a claim on the injured party’s behalf. s
To find out more about the other exceptions to this 3-year limitation period or to see if you could make a personal injury claim due to inadequate tools for work, you can contact our advisors.
Inadequate Tools And Equipment Claims Calculator
There are two forms of damages that your settlement may consist of. These are known as general damages and special damages.
General damages award compensation for the impact your injuries have had on your life, including the pain and suffering you have experienced. When valuing this head of claim, solicitors may consider different factors, such as the type of injury suffered, the severity and future prognosis of the injury.
In order to get an accurate picture of your injuries, you may need to attend a medical assessment that’s completed by an independent medical professional. Solicitors can use the report from this assessment to help them value the general damages portion of your claim.
Additionally, they may also use guidelines from the Judicial College which set out compensation brackets for different injuries. We have used figures from the most recent edition of the guidelines, published in April 2022, to create the table below.
| Injuries | Compensation Brackets | Descriptions |
|---|---|---|
| Brain Damage: Very Severe (a) | £282,010 to £403,990 | The person will need full-time care. |
| Foot Injuries: Very Severe (c) | £83,960 to £109,650 | Injuries causing permanent and severe pain or a permanent disability that is really serious. |
| Neck Injuries: Severe (a) (iii) | £45,470 to £55,990 | Injuries in this bracket include severe soft tissue damage tat causes chronic conditions. |
| Back Injuries: Severe (a) (iii) | £38,780 to £69,730 | Cases in this bracket include soft tissue injuries that cause chronic conditions. |
| Deafness or Tinnitus (d) (i) | £29,710 to £45,540 | Severe tinnitus with noise-induced hearing loss. |
| Asthma (b) | £26,290 to £43,010 | Chronic asthma that results in breathing difficulties with an uncertain prognosis. |
| Dermatitis (a) | £13,740 to £19,200 | Dermatitis affecting both hands causing cracking and soreness which affects employment and causes some psychological issues. |
| Toe Injuries: Serious (d) | £9,600 to £13,740 | Crush and multiple fractures to two or more toes. |
| Hand Injuries: Moderate (h) | £5,720 to £13,280 | Injuries such as penetrating wounds or deep lacerations. |
| Minor Eye Injuries (h) | £3,950 to £8,730 | Injuries caused by being struck in the eye, exposed to fumes or splashed by liquids causing pain and a temporary interference with vision. |
Additionally, your settlement may comprise special damages which aim to compensate for the financial losses you suffered as a result of your injuries. These can include:
- Travel expenses
- Loss of earnings
- Cost of medication
- Childcare costs
In order to claim these costs back, you must provide evidence.
For more information on the value of your claim, call our team. They can discuss how your settlement may be calculated following successful inadequate tools and equipment claims.
How To Make An Inadequate Tools And Equipment Claims
There are different types of No Win No Fee arrangements that provide claimants with a way of funding legal representation. Our solicitors offer their services under a Conditional Fee Agreement (CFA).
As such, you won’t need to pay for the services they provide if your claim fails. You also wouldn’t need to pay upfront fees or fees while your claim is ongoing.
If your claim succeeds, you will need to pay a success fee. It comes from your compensation but is legally capped.
To find out whether a solicitor from our panel could represent your claim under a CFA, get in touch with our team. An advisor can also discuss inadequate tools and equipment claims in more detail.
To get in touch, you can use the following details:
- Phone – 0800 073 8804
- Live chat – Speak to an advisor using the live chat feature below.
- Online form – Fill out our contact form with your details and an advisor can get back to you.
If you have any further questions about inadequate tools and equipment claims, contact us today.
