Faulty Equipment at Work Compensation Claims
Faulty work equipment is one of the most common causes of UK workplace injury. From hand tools that break in use, machinery that malfunctions, ladders that collapse, vehicles with defective brakes, through to PPE that fails to protect, the consequences can range from modest injuries to serious life-changing harm. UK law recognises that workers cannot inspect every piece of equipment they use and places the burden of equipment safety squarely on the employer. The Provision and Use of Work Equipment Regulations 1998 (PUWER) and the Employer’s Liability (Defective Equipment) Act 1969 together produce a strong framework for claims — even where the equipment defect was originally the manufacturer’s fault.
In this guide
- The Legal Framework
- Common Faulty Equipment Scenarios
- What Makes Equipment “Faulty” or “Defective”?
- Who Is Typically Liable?
- What Compensation Could You Receive?
- Time Limits
- Evidence That Strengthens a Faulty Equipment Claim
- No Win No Fee Faulty Equipment Claims
- Common Questions About Faulty Equipment Claims
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
This guide explains how faulty equipment claims work, the employer’s duties, what compensation typically covers, and how to start a claim on a no win no fee basis.
The Legal Framework
The Employer’s Liability (Defective Equipment) Act 1969
This crucial Act is the cornerstone of faulty equipment claims. Where:
- An employee is injured by defective equipment provided by the employer for the purposes of the employer’s business, AND
- The defect is attributable wholly or partly to the fault of a third party (typically the manufacturer or supplier)
…the injury is deemed to be also attributable to the employer’s negligence — regardless of whether the employer could reasonably have discovered the defect.
This means: even if the employer had no way of knowing about a manufacturing defect, they are still liable to the injured worker. The employer’s recourse is then against the manufacturer or supplier in a separate action — but the worker does not have to navigate that. The worker claims against the employer (whose insurance pays) and the dispute about who is ultimately responsible happens in the background.
PUWER 1998
PUWER imposes the operational duties on employers regarding work equipment:
- Equipment must be suitable for its purpose
- Equipment must be maintained in efficient working order
- Equipment must be inspected at suitable intervals
- Only adequately trained workers must use it
- Information, instructions, and training must be provided
Failure to maintain equipment, inspect it regularly, or replace defective items is a direct breach of PUWER and supports negligence claims independently of the 1969 Act.
Other Specific Regulations
- Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) — for lifts, cranes, hoists, lift trucks
- Personal Protective Equipment at Work Regulations 1992 — for PPE
- Electricity at Work Regulations 1989 — for electrical equipment
- Work at Height Regulations 2005 — for ladders, scaffolds, harnesses
- Construction (Design and Management) Regulations 2015 — for construction-specific equipment
Common Faulty Equipment Scenarios
Hand Tools
- Hammer heads becoming loose and flying off
- Spanners breaking under reasonable force
- Cutting tools with defective handles
- Drill chucks failing during use
- Saw blades that shatter
Hand tool injuries often involve eye injuries from flying fragments, hand and arm injuries from tool failure, or secondary injuries from falls when tools fail unexpectedly.
Power Tools
- Defective triggers causing tools to start unexpectedly
- Power cord damage causing electric shock
- Blade guards that fail to retract or protect
- Battery failures causing fires or chemical burns
- Vibration damping failures causing hand-arm vibration syndrome
Ladders and Access Equipment
- Ladder rungs that break or detach
- Ladder feet that fail to grip
- Step ladder hinges that collapse
- Mobile scaffold platforms that fail
- Harnesses that fail in use
See our falls from height compensation claims guide for the wider falls framework.
Vehicles
- Defective brakes on company vehicles
- Tyre failures from inadequate maintenance
- Steering failures
- Forklift defects (see our forklift accident claims guide)
- HGV equipment failures
Personal Protective Equipment (PPE)
- Safety glasses that fail to protect from flying particles
- Hard hats that fail to provide impact protection
- Safety boots with defective toe caps
- Respirators with inadequate filtration
- Gloves that fail in use, leading to cuts or chemical exposure
- High-visibility clothing that lacks adequate reflective properties
Workplace Furniture and Fixtures
- Office chairs collapsing
- Shelving units failing
- Workbench failures
- Doors and hatches with defective hinges or springs
What Makes Equipment “Faulty” or “Defective”?
Equipment can be faulty in different ways:
- Manufacturing defects — the equipment was made wrongly
- Design defects — the equipment was designed in a way that creates unreasonable risk
- Failure of maintenance — equipment that became defective through use, that should have been identified and repaired
- Wear and tear beyond expected limits — equipment used past its safe life
- Modification — equipment modified or adapted in unsafe ways
- Inadequate instructions — equipment provided without proper guidance for safe use
- Mismatched components — equipment used with incompatible parts
Who Is Typically Liable?
The Employer (Primary Defendant)
Under the Employer’s Liability (Defective Equipment) Act 1969 and PUWER, the employer is the primary defendant. This is the practical approach in almost all cases — the employer’s insurance pays the claim, and questions about manufacturer or supplier liability are resolved in the background.
Manufacturers
For genuine product defects, manufacturers can be sued under the Consumer Protection Act 1987 — though in practice this happens through the employer’s insurer rather than the worker directly. Where the same equipment has injured multiple workers across multiple workplaces, group litigation against the manufacturer becomes a possibility.
Suppliers and Distributors
Where suppliers knew or should have known about defects but distributed the equipment anyway, they can share liability.
Maintenance Contractors
Where the employer outsourced maintenance and the contractor performed substandard work, the contractor can share liability.
What Compensation Could You Receive?
Faulty equipment compensation depends entirely on the injury. There is no specific “faulty equipment” bracket — the relevant body-part or injury type brackets apply. See our compensation amounts hub for the full framework.
Special damages typically include lost earnings, treatment costs, and any equipment replacement (typically modest unless the equipment was personal property).
Time Limits
The standard 3-year personal injury time limit applies, running from the date of the accident or your date of knowledge that the injury was linked to faulty equipment. For children, time does not start until their 18th birthday. For Consumer Protection Act 1987 claims against manufacturers, additional rules apply — the “long-stop” 10-year limit can defeat claims more than a decade after the product was supplied. See our time limits guide.
Evidence That Strengthens a Faulty Equipment Claim
- The faulty equipment itself — preserve it carefully and do not return it to the employer or supplier
- Photographs of the equipment, the defect, and the scene
- Accident book entry and employer’s incident report
- RIDDOR report (for serious incidents)
- Witness statements from colleagues
- Records of any prior reports of problems with the same equipment
- Maintenance and inspection records
- Manufacturer’s documentation
- Training records
- Medical records and reports
- Engineering expert opinion
Preserving the faulty equipment itself is critical. Where the equipment is destroyed, repaired, or returned to the supplier before inspection by your independent expert, the case becomes much harder. A specialist solicitor will issue a “preservation notice” to the employer as a first step.
No Win No Fee Faulty Equipment Claims
Faulty equipment claims run on a no win no fee Conditional Fee Agreement. You pay nothing upfront, nothing during the case, and nothing if the claim fails, provided you keep to the terms of your agreement. If the claim succeeds, the success fee — capped under LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded) — is deducted from your compensation. After-the-Event insurance protects against adverse costs. The ATE premium is normally payable only if you win, deducted from your compensation — it is no longer recoverable from the defendant — and your solicitor must explain how the premium and disbursements are treated before you sign (see how ATE insurance works). See our how no win no fee works guide.
Common Questions About Faulty Equipment Claims
The equipment was new. My employer says they could not have known about the fault. Can I still claim?
Yes. The Employer’s Liability (Defective Equipment) Act 1969 specifically addresses this scenario. Even where the employer had no way of knowing about the manufacturing defect, they are liable to the injured worker. The employer’s insurance pays the claim, and any dispute about manufacturer responsibility is resolved between the insurer and the manufacturer afterwards — without involving you.
The equipment was old but it was inspected regularly. Does that defeat my claim?
Not necessarily. PUWER requires equipment to be inspected at “suitable intervals” by a “competent person” — and inspections that miss obvious defects fail the standard. Engineering expert evidence typically resolves whether the inspection regime was adequate. The case often turns on the quality of inspection rather than its mere existence.
My company says I should have spotted the defect before using the equipment. Is that a defence?
Only partially. Workers have some responsibility for visual checks of equipment, but the principal duty of equipment safety lies with the employer. Where the defect was not reasonably visible or not obvious to a worker (rather than a competent maintenance engineer), the case typically succeeds at full damages. Where the defect was glaring and ignored, contributory negligence may reduce damages — typically by 25 to 50 per cent.
I was using my own tool, not the company’s. Can I still claim?
It depends. The 1969 Act applies only to equipment provided by the employer. Where workers use their own tools and the employer permitted or required this, the employer may still have negligence liability for not providing safer equipment — but the analysis is more complex. Where the employer required certain personal tools, they typically have duties to specify safe products and inspect them periodically. A specialist solicitor will assess the specific position.
My PPE failed and I was injured. What is that worth?
Highly variable. Where PPE failure caused or worsened an injury that proper PPE would have prevented, the employer is typically liable for the full extent of the injury. Eye injuries from faulty safety glasses, hand cuts from defective gloves, foot crush from defective boots — all are recognised categories. The compensation depends on the injury, not the PPE itself. Special damages can include the cost of replacement PPE and any private treatment.
How long does a faulty equipment claim take?
Straightforward cases with clear equipment defect and admitted liability typically settle within 12 to 18 months. Cases involving disputed engineering issues or product liability investigations typically take 18 months to 3 years. Where group litigation against a manufacturer is possible, individual claims may pause while the wider case develops. See our how long does a claim take guide.
Related Guides
Accident at Work Claims — UK Employer Compensation
Machinery Accident Compensation Claims
Forklift Accident Compensation Claims
Falls from Height Compensation Claims
Burn Injury at Work Compensation Claims
Defective Product Injury Claims
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