Workplace Machinery Injury – What You Need To Know
The Law Of…Claiming For A Machinery Injury At Work
Even with staff training, maintenance of equipment and safety procedures, workplace machinery injuries can still occur.
Workplace machinery injuries can be traumatic and sometimes even life threatening, with lasting effects to your health. Understanding the claims process is vital in order to get the compensation you deserve. Georgia Robinson, Personal Injury specialist, explains the process.
What Are The Common Causes Of A Workplace Machinery Injury?
An accident can occur at any time in the workplace, and even with the best employee conditions laid out, there is always a chance for injury.
The most common causes of workplace machinery accidents are:
- Failure to provide the correct safety gear. Each piece of machinery or equipment provides its own unique set of risks when being operated. As such, very specific protective gear is required for each machine. This could be goggles, a hard hat, boots, gloves or clothing made of special materials. Omission of just one piece of necessary equipment, or providing incorrect variations of gear such as the wrong size or material, is a breach of this rule.
- Faulty machinery. When machines are not correctly maintained they become dangerous, especially if safety guards are inactive or if the wrong machine is selected for a specific task. Both of these fall under the category of 'faulty machinery'.
- Inadequate training. Not properly understanding how to handle a piece of machinery can be extremely dangerous, even if the machine is in perfect working order and the correct protective gear is used. Employees are sometimes asked to operate machinery before their training is adequate, often leading to accidents.
What Is The Employer Responsibility For A Workplace Machinery Injury?
Under the Provision and Use of Work Equipment Regulations 1998 (PUWER), your employer is required to minimise all risk to you where dangerous machinery is concerned. Clear regulations are set out by the government regarding your safety at the workplace, all of which can be found in PUWER.
Your employer is responsible for all dangerous machinery and equipment on site, regardless of whether or not it was supplied by them. If it is in the workplace, it is their responsibility to ensure it is safe for use.
Am I Eligible To Claim For A Workplace Machinery Injury Claim?
As an employee it is your legal right to work in a safe environment, with the correct training and protective equipment. This is clearly stated in the Personal Protective Equipment at Work Regulations 1992.
The quickest way to find out if you are eligible to make a work place injury claim is to contact a personal injury solicitor. If your accident fits any of the following, then it's likely you have grounds for a claim:
- Did the accident occur in the last 3 years?
- Did you suffer injury as a result?
- Was someone else at fault?
Workplace machinery injury claims can be complex. By seeking legal help from a specialist Accident at Work solicitor, like those at Simpson Millar, you can gain free, impartial advice on what to do next.
How To Support Your Workplace Machinery Injury Claim
If you have been injured by a piece of machinery at work, there are a few steps you can take to assist your claim:
- Report the incident to your supervisor immediately
- Request a copy of the Accident Book report for your own records. This is a record which employers are required by law to keep and documents any accidents that occur in the workplace
- Take photographs of the faulty machinery and record the model or any serial numbers
- Collect the details of any witnesses of your accident
- Record all resulting expenses of the injury and keep any receipts
"Employers have a responsibility and a duty to ensure that the equipment on site and equipment to be used by their employees is safe and free from risk of injury. Under the PPEWR 1992 there are provisions in place to ensure this happens."
"Where an accident does happen, reporting the issue immediately is the priority followed by ensuring the defective equipment is taken out of circulation by management to avoid any further injuries."
"Those expected to work with what sometimes can be complex and dangerous equipment, should be able to do so with the knowledge that their employers have taken all necessary steps to ensure they are safe and prevent any risk of injury."
How Can Simpson Millar Help After A Workplace Machinery Injury?
At Simpson Millar, we have a team of complex personal injury solicitors
who specialise in accidents at work compensation claims.
Contact us today, either on our freephone number or by using or digital enquiry form
, and we'll be in touch with you shortly.