Many roles involve the use of handheld tools, like wrenches, screwdrivers, spanners, vices, etc. Some of the equipment like that mentioned above involves the application of force on your part to be able to use the equipment properly. Getting a nut off of a wheel may take some pushing on your part with a spanner to get it loose and off.
So what happens if tools you are using suddenly snap and cause an injury? Can you make a claim for personal injury compensation?
The Law
Any equipment you use should fall within the scope of an important set of rules and regulations called The Provision and Use of Work Equipment Regulations. One important regulation actually states:
6. (1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
As such, if you are using a handheld tool, the regulations should apply as tools like this can be classed as work equipment. As such, your employer has a duty to ensure that work equipment is maintained and in good order and repair.
So, if a tool breaks, or snaps, or shatters when using it, this could constitute as a breach of the regulations above.
Aside from equipment being classed as defective, we could also bring in to question its suitability, and the regulations also address this as follows:
5. (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.
So if you are using a tool that is perhaps too weak for the job, and this is the reason it has snapped or broken, we can argue it wasn’t suitable and your employer is in breach of the above regulation.
Can I claim for a handheld tool injury?
The responsibility when it comes to work equipment is always with your employer. As such, it is always worth speaking to THE Injury Lawyers about putting a claim in for this because we will normally advise there are potentially good prospects of success. We would probably have no worries at all in offering you a No Win, No Fee agreement which means you’re not charged if the case doesn’t win.
We also offer 100% compensation for workplace accident claims as well.
It’s easy to get a claim set up and submitted to the other side – call us for advice 0800 634 7575 and we’ll see if we can help.
