WHAT CAN BE CLASSIFIED AS WORK EQUIPMENT – AND CAN CLAIMS FOR PERSONAL INJURY COMPENSATION BE MADE WHEN THE EQUIPMENT FAILS?

February 20th, 2009 Hinchliffes

A spanner used by a mechanic would be regarded as work equipment, and if it snapped and the mechanic was injured he would have a good claim for personal injury compensation against his employer for an accident at work.

However, what would the position be if the wheel nut on the mechanic’s employers’ van sheered off and hit him in the face when he was undoing it with the spanner? A previous Court decision found that in such a situation the van was not to be regarded as work equipment and therefore any accident claim would fail. However, matters have now moved on.

Work equipment is defined as “any machine, apparatus, tool or installation used at work”. A recent ruling in the House of Lords in the case of Spencer-Franks v Kellogg Brown and Root found that a metal sprung door closer that formed part of the living quarters of a North Sea oil platform, which was defective and hit an employee causing him injury, was work equipment.

On this basis, the case of the wheel nut would now be far more likely to succeed.

COMMENT:-

The House of Lords’ clarification on this point of law will mean that an increasing number of employees will now be able to recover injury compensation for accidents at work caused by faulty equipment.

Strict liability applies, that is if the equipment breaks or malfunctions, the employer is likely to be liable even if the equipment was new or was maintained to a high standard.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any type of accident at work, contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation. All cases are conducted on a No Win – No Fee basis, where the successful Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.