WHAT IS ‘WORK EQUIPMENT’ AND HOW THIS CAN EFFECT YOUR ACCIDENT INJURY CLAIM

May 27th, 2010 admin

In May 2009 in the in the work related personal injury case of Smith v. Northamptonshire County Council, the House of Lords decided that an access ramp which was outside a disabled wheelchair users home did not amount to “work equipment” within the meaning of the Provision and Use of Equipment Regulations 1998.

Mrs Jean Smith was working for the Council as a driver and carer. On 1 December 2004 she visited the home of wheelchair bound Mrs Gina Cotter in order to take her to a day centre. It was necessary for Mrs Smith to take Mrs Cotter from the property down a wooden ramp situated outside the patio doors. When doing this the edge of the ramp gave way causing her to stumble and suffer personal injury. The Council denied liability.

The test applied by the Court was whether the work equipment, ie the ramp, had been provided, used or incorporated into and adopted as part of the Council’s business or undertaking. The Court held that although the Council had inspected the ramp they had not actually installed it and their inspection simply showed that it was careful and not that it had control of the ramp. Mrs Smith therefore failed in her claim for accident injury compensation.

COMMENT:-

Many personal injury lawyers believe this decision to be flawed since the Council knew Mrs Smith had to use the ramp as part of her work. Had the ramp been installed by the Council then undoubtedly Mrs Smith would have succeeded. It is difficult to understand why the Court did not take the view that the use of the ramp with the knowledge of the Council did not attach liability.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation. All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now page to submit details of your accident compensation claim online.