If you have suffered an injury at work or at home whilst using heavy machinery, then you may be eligible to make a claim. This claim may be made against the makers of the machinery, or against your employer, depending on where and why the accident happened. Once you have shared your story with a qualified person such as a lawyer, they will be happy to help you to progress a valid claim. Valid claims can be borne out of a range of different scenarios; including the following:
If you are being asked to use any heavy machinery as part of your job role, you must be given adequate training in how to use it safely. Not only will this make it safer for you to use that particular piece of machinery, but it should also mean that you are able to use it more efficiently, which will be a positive thing for your employer.
Most employers document any training, so that they can prove that you have been given the training that you need. If you have lied on your CV to state that you can already use this equipment, then this may invalidate your claim, and could give your employer reason to terminate your employment.
Lack Of Personal Protective Equipment
Employers are required to provide their employees with adequate personal protective equipment (PPE) whenever they are using dangerous machinery or when they are working in the vicinity of dangerous machinery. This may include high visibility jackets, safety goggles, gloves, ear protectors and steel-toed boots. Employees should not be asked to pay for their own PPE. This equipment is designed to reduce the risk of injury for the machine handler.
A lack of PPE can also mean that if an incident happens with the machinery, then the consequences may be much worse. For example, if the machinery got very hot and the employee touched it, their skin may burn and blister immediately. However, if they had been wearing their protective gloves, the heat would not damage the skin.
Lack Of Maintenance
One of the leading causes of heavy machinery claims is that the machinery which was being used had not been maintained properly. If components in the machinery are able to fail because the machine is not being maintained properly, then it is possible that the machine will behave in unexpected ways. This means that it will be far more likely to cause serious injury.
Your employer should be able to prove that they have been taking appropriate steps to ensure that all machinery is maintained properly, or replaced if it is no longer deemed to be safe for use. If your employer uses an external contractor to do their machinery maintenance, and it can be shown that their negligence allowed an unfit piece of machinery to continue to be used, then the claim may be directed towards them.
If a piece of machinery develops a fault because of a design flaw or a fault in the manufacturing process, then this could cause the machinery to malfunction or behave in a dangerous way which is outside of it standard remit. In these circumstances, an accident is likely to happen. If it can be proven that a fault with the equipment was to blame for the accident, then you may be able to submit a claim to the makers of the machinery.
The majority of heavy machinery claims which come from people who were injured whilst using the heavy machinery in their own home are directed towards the makers of the equipment. For example, if you are injured because your chainsaw jams, then you may be able to submit a claim to the makers of the chainsaw.
Unsafe Working Practice
Sometimes the cause of accidents is unsafe working practice, where staff are asked to do things which do not meet health and safety guidelines, or which are specifically advised against as part of the safe working guidelines for the machinery.