DEFECTIVE MACHINERY & EQUIPMENT

Defective Machinery & Equipment – Injury & Accidents

Industrial workplaces increasingly rely on automated industrial equipment and machinery to effect procedures that were previously carried out manually. There is copious legislation which makes automation necessary including the Manual Handling Operations Regulations Act 1992 which requires the provision of adequate equipment to reduce the need for manual handling which is the main cause of personal injury in the workplace resulting in more compensation claims for back injury than for any other type of injury. Although automation has many advantages including increased production and profitability, it also means that the risk posed to workers by defective equipment is increased as defective machinery is one of the more common causes of work-related accidents and serious personal injury.

Provision Of Operating Manuals

One of the most basic and frequently overlooked matters which regularly contribute to personal injury in the workplace is the failure of management to provide workers with operating manuals for equipment and machinery. This can have two effects, the first one being that improper operation can be intrinsically dangerous and the second being that improper operation can weaken the machine and make catastrophic failures with ensuing injuries much more likely. Clearly if an accident causing personal injury as a result of either of these events occurs then management is responsible and a compensation claim will succeed with an award of damages to the injured worker.

Proper Maintenance

Industrial equipment can be defective or hazardous in a number of different ways. Defective machinery can be lacking in safety features, including electrical safeguards or physical shields that protect workers from moving parts of the machine; it can be defective in that it lacks systems to shut down operation quickly in the event of an emergency, it can contain toxic or dangerous substances from which workers operating the equipment are not adequately protected or it can be missing some part that contributes to the overall safety of the machine. In addition to these basic defects it is essential that machinery and equipment is properly repaired, maintained and serviced. If an operative is injured as a result of management failure in these issues then compensation can be claimed for any personal injury.

Training And Instruction

All employees using equipment can expect to be properly trained and given full instruction on the operation of that machinery. Some machinery can be extremely dangerous including drills, presses and rotating shafts. Failure to properly train an employee who operates dangerous equipment is unlawful and in addition allowing certain younger employees to operate some classes of equipment is also unlawful.

Defective Equipment Personal Injury Compensation Claims

If you have suffered personal injury due to an employers negligence and you believe that you have a defective industrial equipment claim against your employer or a third party, you should consult a solicitor as soon as possible after the incident has occurred in order to preserve your right to receive adequate and fair compensation.