Workplace injuries are never easy to deal with, but when they happen because of faulty equipment, it often raises serious questions about safety standards and employer responsibility. Whether you work in construction, manufacturing, healthcare or in an office environment in Stow-on-the-Wold, your employer has a clear legal duty to protect you from avoidable harm. If they fail to maintain or replace defective equipment and you are hurt as a result, you may be entitled to compensation.
This guide explains how to identify employer negligence, what evidence you will need to make a strong claim, and how solicitors can help you navigate the process confidently.
Understanding your employer’s legal responsibilities
Every employer in the UK has a duty of care to ensure that staff are kept safe at work. This is outlined in several key pieces of legislation, most notably the Health and Safety at Work Act 1974. Under this law, your employer must:
- Provide suitable and well-maintained work equipment.
- Carry out regular risk assessments.
- Ensure all equipment is inspected and repaired promptly if defects are found.
- Offer training so employees can use machinery or tools safely.
- Provide protective equipment where needed, such as gloves, helmets, or safety goggles.
These responsibilities apply to everything from heavy machinery to office equipment. Even something as simple as a broken chair, loose wiring or a faulty power tool can cause serious injury if it is not repaired or replaced in time.
If your employer ignored known safety issues, failed to maintain machinery, or neglected to follow inspection schedules, they may be legally responsible for your injury.
Common causes of equipment-related workplace accidents
Accidents involving defective or poorly maintained equipment happen across all industries. Some of the most common causes include:
- Mechanical failure caused by wear and tear, rust, or poor maintenance.
- Electrical faults due to damaged wiring or exposed cables.
- Lack of safety guards on cutting tools or moving machinery.
- Improper installation of new equipment.
- Failure to provide safety training, leading to misuse or incorrect handling.
- Outdated or recalled tools that should have been replaced.
For example, if a construction worker in Stow-on-the-Wold suffers an injury from a malfunctioning power drill that had not been inspected for months, their employer could be liable. Similarly, if an office worker is hurt because a chair or desk collapses after previous complaints were ignored, that too could count as negligence.
What counts as employer negligence?
Negligence in this context means your employer failed to take reasonable steps to prevent foreseeable harm. It is not enough that the accident happened at work; you must be able to show that it was avoidable had the employer fulfilled their legal obligations.
Negligence can take many forms, such as:
- Ignoring maintenance reports or safety warnings.
- Failing to fix or replace known faulty machinery.
- Not training staff on proper equipment use.
- Allowing staff to work without safety gear.
- Overlooking inspections or record keeping.
Essentially, if your employer could have prevented your accident by acting sooner or more responsibly, you may have grounds for a compensation claim.
Proving fault in a faulty equipment claim
The key to a successful claim is evidence. You must be able to link your injury directly to the employer’s failure to maintain or provide safe equipment. The following steps can help strengthen your case:
- Report the accident immediately
Make sure your accident is logged in the workplace accident book. This creates an official record of when and how the injury occurred. - Gather evidence
Take clear photographs of the faulty equipment, the scene of the accident, and any visible injuries. If possible, keep the equipment in question untouched until it can be inspected by a professional. - Obtain witness statements
Colleagues who saw the incident or were aware of ongoing equipment problems can provide vital testimony. - Seek medical treatment
Always visit a GP or hospital for assessment, even if your injuries seem minor. Medical records are crucial for proving the extent and cause of harm. - Check maintenance records
Your solicitor can request inspection reports, service logs, or safety audit records to determine whether the employer followed proper procedures. - Consult a specialist solicitor
An experienced personal injury solicitor can evaluate your evidence, handle communication with the employer’s insurers, and help you recover the full compensation you deserve.
What compensation can you claim?
If your claim succeeds, compensation is calculated based on both physical and financial losses. This can include:
- General damages for pain, suffering, and loss of enjoyment of life.
- Special damages for out-of-pocket expenses such as medical costs, travel to appointments, and physiotherapy.
- Lost earnings if your injury forced you to take time off work.
- Future loss of income if you cannot return to your previous job.
- Costs of adapting your home or vehicle in severe cases.
Each claim is unique, so the exact settlement will depend on your circumstances and the severity of your injuries.
How long do you have to claim?
In most cases, you have three years from the date of the accident to start your claim. There are exceptions for certain situations, such as if the injured person was under 18 at the time or if the symptoms developed later (for example, hearing loss or repetitive strain injury). It is always best to seek legal advice as soon as possible, as evidence can fade and witnesses may move on.
Can you claim if you were partly at fault?
Yes, you may still be entitled to compensation even if you contributed to the accident. This is called contributory negligence. For example, if you were using the equipment incorrectly but your employer had failed to train you properly or maintain the machinery, the responsibility may be shared. Your compensation could be reduced proportionally, but it would not necessarily be denied.
No win no fee protection
Most workplace injury claims are handled on a no win no fee basis. This means you do not have to pay anything upfront, and you only pay your solicitor if your claim is successful. It is a practical and low-risk way to pursue justice, particularly if you are already facing financial strain after your accident.
Why choose a local solicitor in Stow-on-the-Wold?
Having a solicitor who understands local workplaces and regional industries can make a big difference. Whether your employer operates in manufacturing, construction, or retail, a local firm like Marley Solicitors can investigate the matter thoroughly, gather witness statements quickly, and even visit the site if needed.
They also know how to deal with insurers and employers in Gloucestershire, helping you avoid delays and maximise your compensation.
Taking the next step
If you believe faulty or poorly maintained equipment caused your injury, you do not need to face the process alone. The law is on your side, but proving negligence takes experience and persistence. The right solicitor can handle every step of the process while you focus on your recovery.
If you have suffered an injury at work in Stow-on-the-Wold because of defective or unsafe equipment, reach out to Marley Solicitors for clear, practical advice. Their team will listen to your story, assess your case, and guide you toward the compensation you deserve without unnecessary stress.