Work equipment can be inherently dangerous. The Provision and Use of Work Equipment Regulations specifically address the issue of equipment having guards, rails, or other protective measures to prevent people getting caught in moving parts and ending up injured.
If you become the unfortunate victim of an accident where your overalls have been caught in moving parts then you have the right to make a claim for personal injury compensation.
The Law
Health and safety regulation for the workplace ensures to put a fair duty on employers to take all reasonable steps where possible to prevent injury and death. When it comes to work equipment the regulations state:
11.-(1) Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective—
(a)to prevent access to any dangerous part of machinery or to any rotating stock-bar; or
(b)to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.
It’s fairly self explanatory and Paragraph 2 referenced above covers the clear an obvious things an employer ought to provide, such as:
- Fixed guards or rails
- Jigs, holders, or push stick to be provided
- Information and training / instruction
- Supervision where necessary
There should also be access to stop controls and emergency stop controls where an incident does take place.
Such measures must be well maintained and strong enough to prevent access and injury, and they must be suitable to actually do the job they are supposed to. So, as you can see, the regulations are pretty direct in the duty an employer has.
So can I claim?
If you end up caught in a dangerous part of machinery then it’s likely your employer has failed to adhere to the regulations above and this means they are liable to compensate you for injury and loss. With an expert work injury lawyer from our team representing you we will make sure to fight for your rights and win you the compensation you deserve.
Just call 0800 634 7575 for help and advice today.
