Introduction
Employers have a legal duty to ensure all workplace equipment is safe to use. If equipment is defective, poorly maintained, or lacks the correct safety guards, accidents can occur leading to serious injury. If you have been injured due to defective work equipment, you may be entitled to claim compensation.
This page explains what counts as defective equipment, when employers are responsible, the evidence you need, and how much compensation you might receive.
At a glance
- Defective work equipment can cause crush injuries, amputations, electric shocks and burns.
- Employers must comply with PUWER (Provision and Use of Work Equipment Regulations 1998).
- Compensation can cover pain and suffering, lost wages, treatment costs and long-term care.
- You usually have three years from the accident or “date of knowledge” to start a claim.
What is defective work equipment?
Work equipment is considered defective if it is unsafe, poorly maintained, incorrectly installed, or missing essential safety features. Injuries can happen in almost any industry, from construction and manufacturing to offices and warehouses. Common examples include:
- Faulty electrical equipment – leading to shocks, burns or fires.
- Broken guards – on cutting or pressing machines, exposing dangerous parts.
- Worn or damaged tools – such as ladders with broken rungs or hand tools with defects.
- Vehicles or forklifts – with faulty brakes, steering or lights.
- Defective PPE – such as safety harnesses, gloves or helmets that fail during use.
See: HSE: Provision and Use of Work Equipment Regulations (PUWER).
Examples of defective equipment accidents
| Defective equipment | Possible cause | Potential injury |
|---|---|---|
| Angle grinder with faulty disc | Disc shatters due to defect | Lacerations, eye injury |
| Press machine without guard | Guard missing or broken | Crush injuries, amputations |
| Forklift with faulty brakes | Poor maintenance | Collision injuries, fractures |
| Ladder with broken rung | Failure to inspect or replace | Fall from height, fractures, spinal injuries |
| Defective safety harness | Manufacturing fault or wear | Fall from height, serious trauma |
Am I eligible to claim?
You may be able to claim if:
- Your injury was caused by defective or poorly maintained work equipment within the last three years, and
- Your employer failed to maintain, repair, or replace the equipment, or failed to provide safe alternatives, and
- Medical evidence confirms the injury and its link to the defective equipment.
Not sure? Start with Do I have a claim and The claim process.
How much compensation can I claim?
The value of a defective equipment injury claim depends on your individual circumstances. Compensation is made up of two parts:
- General damages: for the pain, suffering and impact on your quality of life.
- Special damages: for financial losses such as lost earnings, medical treatment, rehabilitation and travel expenses.
Our compensation calculator uses the latest Judicial College Guidelines to estimate how much you could claim. It considers the type and seriousness of your injuries, multiple injuries where relevant, and any additional financial losses.
When is my employer responsible?
Employers are legally responsible under the Health and Safety at Work Act and PUWER regulations to ensure equipment is safe. They must:
- Inspect and maintain work equipment regularly.
- Remove or repair defective items immediately.
- Provide training for safe use of machinery and tools.
- Ensure guards and safety devices are fitted and working.
- Provide safe and effective PPE if required.
Where equipment is hired or supplied by another company, employers must still check it is safe for use.
Evidence that strengthens a defective equipment claim
- Medical records describing your injury and treatment.
- Accident book entries and workplace incident reports.
- Inspection and maintenance records for the equipment.
- Photographs of the defective equipment and accident site.
- Witness statements from colleagues.
Time limits for defective equipment claims
You usually have three years from the accident or from when you realised your injury was linked to defective equipment (the “date of knowledge”). Exceptions apply if you were under 18 or lack capacity. Learn more in time limits for injury claims.
FAQs
Can I claim if the equipment was supplied by another company?
Yes. Your employer is still responsible for ensuring equipment is safe, but liability may also extend to the supplier or hire company.
Can I claim if I was partly to blame?
Yes, but your compensation may be reduced if contributory negligence applies. See What is contributory negligence?.
Do I need a medical assessment?
Yes. An independent medical expert will assess your injury and provide a report to help value your claim. See What happens at a medical appointment.
Next steps
If you have suffered an injury due to defective work equipment, you may be entitled to benefits and compensation. See benefits after a workplace accident and speak with a solicitor to start your claim.
Our work injury advisors will:
- Offer free, impartial advice
- Explain how No Win, No Fee works
- Recommend the right solicitor
External references
External references
- HSE: PUWER regulations - legal safety rules for using and maintaining work equipment.
- HSE: Work equipment and machinery safety - broader guidance covering design, use and inspections.
- Provision and Use of Work Equipment Regulations 1998 - the statute behind PUWER obligations.
- HSE: Maintenance of work equipment - how regular maintenance helps prevent dangerous failures.
About the author
Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.
Last reviewed September 2025 by Chris Salmon