To protect employees in the workplace there are a lot of health and safety laws and regulations. Whilst many take for granted the need for such strict rules, statistics show that they help to keep accidents to a minimum, which is always a good thing.
But in an age of continuing economic difficulties there are situations where business are taking risks by not replacing and maintaining old machinery in the workplace – so where do you stand if you end up being the victim of an accident due to old machinery at work?
The Provision and Use of Work Equipment Regulations govern the use of equipment like machinery in the workplace and there is a specific section that addresses the issue of maintenance. This reads as follows:
- (1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
I’d say the above is crystal clear – there is a duty on employers to ensure that work equipment is maintained to allow it to be safe to be used. As such, aging machinery that ought to be replaced or is not maintained in good repair can constitute as a breach of this important piece of health and safety legislation.
If an accident or injury is caused because of a breach of legislation then the employer is normally liable to compensate any victims involved. You can only claim as a genuine victim of negligence caused by a breach of the law – so if this applies to you then you may have a sound case.
Whether an aging piece of machinery has broken, or you have been hit by a projectile from the machinery, or where it has suddenly stopped or seized up, has exposed you to dangerous moving parts, or has even electrocuted you, you may have a claim for personal injury compensation. Employers have a legal obligation to hold a policy of liability insurance which is specifically designed to cover their employees who are victims of negligence.
The law is clear and your rights are in the very foundations of the law that must be upheld – if you are injured in these kinds of circumstances then give us a call on 0800 634 7575 as its likely we can help you out.
Don’t worry about making a workplace compensation claim at all – it’s nothing personal and all you are doing most of the time is claiming from insurance that is specifically there to cover you. The process is normally very straightforward and you are legal protected when making a claim and nowadays most employers will encourage their injured workers to get a lawyer and lodge a claim.
Don’t suffer in silence – you have rights, and we’re here to fight for them!
