Faulty Work Equipment Claims — No Win, No Fee

Last reviewed: September 2026 · EA Personal Injury Solicitors

Employers must ensure that machinery, tools and other work equipment are safe, properly maintained and suitable for the job. If you were injured because equipment was defective, unguarded or poorly maintained, you may be able to claim on a no win, no fee basis; a success fee may be deducted if the claim succeeds.

TL;DR — Quick Summary

Key Points

PUWER 1998 requires work equipment to be suitable, maintained and properly guarded
Covers machinery, hand tools, power tools, vehicles and other work equipment
Liability applies whether the equipment is owned, leased or hired
Inadequate training on equipment use can itself support a claim
No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation

Employer Duties Under PUWER

The Provision and Use of Work Equipment Regulations 1998 (PUWER) place clear duties on employers in relation to any equipment used at work — from hand tools and power tools to heavy machinery, vehicles and lifting equipment. Equipment must be suitable for the purpose for which it is used, maintained in an efficient state, and inspected regularly where safety depends on the conditions in which it is used. Dangerous parts of machinery must be adequately guarded, and equipment must have suitable controls, including accessible emergency stop controls.

Where an employer fails to meet these duties and a worker is injured as a result, this will usually amount to negligence and a breach of statutory duty, giving rise to a claim for compensation.

Common Types of Faulty Equipment Accidents

Unguarded or inadequately guarded machinery — missing guards on saws, presses, conveyors and rotating machinery leading to entrapment, crush or cutting injuries
Defective power tools — faulty wiring, damaged casings or malfunctioning safety switches causing electric shock, burns or lacerations
Poorly maintained ladders and access equipment — damaged rungs, unstable footing or missing locking mechanisms
Defective lifting equipment — cranes, hoists and slings that fail due to inadequate inspection or maintenance
Faulty vehicles and mobile plant — brake failures, steering defects or malfunctioning safety systems on forklifts, vans and site vehicles
Missing or malfunctioning personal protective equipment — where PPE was provided but defective or unsuitable

Establishing Your Claim

Faulty equipment claims often turn on maintenance and inspection records, so it is important to report the defect and the accident promptly, and to preserve or photograph the equipment where possible before it is repaired or replaced. We can instruct an independent engineer to examine equipment or inspection records to establish where the fault lay, and to assess whether the equipment complied with the relevant safety standards.

Evidence in Faulty Equipment Claims

Photographs or video of the defective equipment, taken as soon as possible
Maintenance, inspection and service records for the equipment
The manufacturer's instructions and any relevant safety data sheets
The accident book entry and any RIDDOR report to the HSE
Training records showing what instruction you received on the equipment
Witness statements from colleagues
Medical records documenting your injuries

What Compensation Can Cover

Compensation reflects the nature and severity of your injury, covering general damages for pain, suffering and loss of amenity, together with special damages for lost earnings, medical treatment and rehabilitation, and any care or equipment you need as a result of the injury.

Typical Compensation Amounts

The figures below are indicative brackets for the injury itself (general damages), based on the Judicial College Guidelines used by courts and insurers in England and Wales. Financial losses such as lost earnings, treatment costs and care (special damages) are claimed in addition, and in serious cases often exceed the injury award.

Injury	Guideline bracket
Moderate neck/soft tissue injury (up to ~2 years)	c. £2,300–£12,900
Simple arm or wrist fracture	c. £6,000–£16,000
Moderate back injury (good prognosis)	c. £12,000–£27,000
Severe back injury	c. £36,000–£160,000+
Moderate brain injury	c. £40,000–£205,000

These brackets are a guide only — the value of your claim depends on the severity of your injury, your prognosis and your financial losses. We cannot promise or predict a specific outcome. See our full guide to compensation amounts or contact us for a free assessment of your claim.

No Win, No Fee Faulty Equipment Claims

We act under a Conditional Fee Agreement. If your claim is unsuccessful, you pay nothing. If the claim succeeds, a success fee may be deducted from your compensation. We will explain all costs clearly before you decide to proceed.

Frequently Asked Questions

Can I claim if I was injured by equipment that was faulty before I used it?

Yes. Under the Provision and Use of Work Equipment Regulations 1998 (PUWER), employers must ensure that work equipment is suitable for its intended use, properly maintained and regularly inspected. If equipment was defective, poorly maintained or unsuitable for the task and this caused your injury, you are likely to have a claim regardless of who owned or supplied the equipment.

What if the equipment was hired or supplied by another company?

Your employer remains responsible for ensuring any equipment provided to you — whether owned, hired or leased — is safe and suitable for use. Depending on the circumstances, the hire company or manufacturer may also bear some liability, for example under the Consumer Protection Act 1987 if a manufacturing defect is involved.

Do I need to prove exactly what was wrong with the equipment?

Not necessarily at the outset. We can instruct an engineering expert to examine the equipment (where it is still available) or review maintenance and inspection records to establish the defect. It is important to report the fault and, where possible, preserve the equipment or take photographs before it is repaired, replaced or disposed of.

Can I claim if I was not given training on the equipment?

Yes. PUWER also requires employers to provide adequate information, instruction and training on the safe use of work equipment. An injury caused by using equipment you were not properly trained to use safely can itself found a claim, separately from any mechanical defect.

How long do I have to make a faulty work equipment claim?

Three years from the date of the accident in most cases, under the Limitation Act 1980.

What if my employer says the equipment was fine and I misused it?

Employers sometimes dispute liability by alleging misuse. Even where an element of misuse is found, you may still recover compensation under contributory negligence rules if the equipment was also defective, unguarded or unsuitable, or if training was inadequate. We will assess maintenance records, inspection history and witness evidence to test any such allegation.

Published by EA Personal Injury Solicitors

Edward and Amaury Limited · SRA No. 800525

Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.