Machinery Accident Compensation Claims

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Heavy Digger - Construction VehicleMachinery accidents cause significant workplace fatalities in the UK. According to 2019/20 statistics from the Health and Safety Executive, accidents involving contact with moving machinery or being struck by a moving vehicle were responsible for 39% of all fatal work accidents in the UK.

Such accidents can occur when:

  • Someone is struck by a moving part of the machine;
  • A body part of the operator or passer-by is drawn into the machine;
  • The user or a passer-by is crushed between two parts of the machine, or parts that are moving past each other; or
  • Part of the machine, or the material being processed, is hot or cold enough to cause burns or scalds

The Workplace (Health, Safety and Welfare) Regulations

It is very important for employers to provide safe and suitable machinery and equipment that is well maintained. This is a responsibility that is legally enforceable under The Workplace (Health, Safety and Welfare) Regulations 1992.

These Regulations apply to 'workplaces', which generally includes premises that are made available to any person as a place of work. There are some exclusions, however, including ships, construction sites, some means of transport and domestic premises, although where these exceptions exist, they should always be made clear by employers.

Furthermore, all employers, regardless of whether exceptions exist, should provide safe, suitable and properly maintained work equipment. If work equipment is suitable for its task, then it makes it possible to reduce or eliminate many of the risks to the health and safety of workers.

With regards to maintenance of work equipment, every employer must ensure that it is maintained in an efficient state, in efficient working order and in good repair.

Where any machinery has a maintenance log, employers must also ensure that the log is kept up to date. It is vital that work equipment is maintained in order to prevent a potentially dangerous defect occurring.

Claim compensation with Thompsons

Thompsons Solicitors work right across Scotland and have offices in Edinburgh, Glasgow, Peebles, Aberdeen and Galashiels.

If you would like help from the experts or to start your compensation claim now, call us on 0800 0891331 for no win no fee help and advice.

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