Faulty or Unsuitable Work Equipment

It may be that the equipment you were provided with didn’t work properly or hadn’t been properly maintained. Perhaps the equipment/machinery should have had a guard which had been altered or removed. Otherwise it may simply be the case that the equipment was unsuitable for the job required or the PPE you were given didn’t offer enough protection. These are just a few examples of where injuries caused by faulty/unsuitable/inadequate work equipment may give rise to a claim in negligence against your employer.

If you have suffered an accident at work then generally Court Proceedings must be commenced before the third anniversary of the accident otherwise your claim would be Statute Barred and the Defendant is likely to argue your claim should not be allowed to proceed and that you are out of time. In such circumstances the Court would have to exercise its discretion in your favour to allow the claim to proceed which would usually only be given in exceptional circumstances.

There are some exceptions to the 3 year rule, for instance if you are under 18 when the accident occurs (you would have until your 21st birthday to issue Court Proceedings) or if the injuries are so severe (for example a brain injury) that the victim does not have sufficient capacity to deal with the claim.

However, many claims settle before the need to commence Court Proceedings and you should not delay seeking legal advice following an accident at work. The later you leave it to seek advice the more difficult it may be to secure evidence to support your claim

We offer a free, no-obligation initial discussion. If you’d like some advice from one of our specialist lawyers, please click here to contact us.