We take on a fair volume of claims for personal injury compensation when people are injured by roll cages. So let’s take a look at the law and how it can apply to see if you can make a claim from your employers insurance if you are injured as a result of a defective or dangerous roll cages.
The Law
A roll cage will be classed as work equipment and is therefore subject to The Provision and Use of Work Equipment Regulations 1998. The two important key elements of this legislation are to do with suitability and maintenance. The key bits read as follows:
4.(1) Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided.
5.(1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
Legislation: www.legislation.gov.uk/uksi
As such, your employer’s duty is to ensure that roll cages are suitable for use and in a condition that allows them to be used safely.
So if any of the following happens to you, your employer could be found in breach of these regulations which means you can make a claim for personal injury compensation if you are injured as a result:
- A wheel falls off or jams because is it defective, causing an injury.
- The sides or a part of the cage collapses causing an injury.
- The cage is not strong enough to support the load – i.e. it isn’t suitable.
- You are not able to properly grip or manoeuvre the cage.
There are other scenarios in which your employer could be vicariously liable if the negligence of a colleague causes the injury. Common examples are:
- Being hit by a roll cage that is being operated by a colleague.
- Roll cages being overstocked, causing them to be too heavy or falling over if the weight is not evenly distributed.
- Plastic wrapping is not done correctly and is caught in the wheels, causing a sudden stop and an injury.
Employers Liability Insurance
Employers are duty bound to have a policy of insurance to cover their employees for accidents and injuries in the workplace. If they are in breach of their duties, perhaps if one of the above scenarios happens to you, you are eligible to make a work injury claim for compensation from their insurance.
For advice about making a claim and our 100% compensation offer, call our free claims helpline on 0800 634 75 75 today.
