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Faulty Equipment Accident at Work Claims

England & WalesLast reviewed 18 September 2026

If defective or unsafe work equipment injures you, you can claim against your employer even where the fault lay with the manufacturer, because the Employers' Liability (Defective Equipment) Act 1969 treats the employer as responsible for defects due to a third party's fault.

Employer Responsibility for Equipment

Direct Answer: Under section 1 of the Employers' Liability (Defective Equipment) Act 1969, an injured employee can treat the employer as negligent where the injury was caused by defective equipment the employer provided, if the defect was due to a third party's fault.

This means you do not have to sue the manufacturer of a faulty ladder, tool or machine. The employer, and its insurer, is the defendant, and any recourse against the manufacturer is for the employer to pursue.

The Equipment Regulations

The Provision and Use of Work Equipment Regulations 1998 require equipment to be suitable, properly maintained, inspected where necessary and used by people who are trained. Missing or removed guards, ignored faults, absent servicing and untrained operators are typical allegations. For accidents from 1 October 2013 these are relied on as evidence of negligence rather than a free-standing claim.

Preserving Evidence

Photograph the equipment and any defect, note serial numbers and maintenance labels, and ask that the item is not repaired or discarded. Inspection and maintenance records and any earlier fault reports are often decisive.

Frequently Asked Questions

Can I claim if a machine or tool was faulty?

Yes, potentially, against your employer, even if the defect came from a manufacturer, because of the Defective Equipment Act 1969. You will need to show the equipment was defective and caused your injury.

Do I have to sue the manufacturer?

Not usually. Your employer is treated as negligent for a defect due to a third party's fault, and your employer or its insurer can then seek a contribution from the manufacturer.

What if the machine had a guard removed?

That is a classic allegation. Who removed it and why matters, since you could be partly responsible if you disabled it, but an employer who tolerated or required it is likely to be negligent.

What if the equipment was old but worked normally?

Age alone is not a breach. The question is whether the equipment was suitable and maintained for its purpose, and whether inspection would have found the danger.

Do I have to prove my employer was negligent?

Yes. Since 1 October 2013 a breach of a health and safety regulation does not by itself give you a civil claim. You must show your employer failed to take reasonable care, though a breach of the relevant regulations is strong evidence that they did.

How long do I have to bring a faulty equipment claim?

Generally three years from the date of the accident or, for an injury or illness that developed gradually, from your date of knowledge that it was significant and work-related. Different rules apply to children and people who lack capacity.

Can I make a workplace injury claim on a no win no fee basis?

Usually, yes. Most solicitors handle accident at work claims under a Conditional Fee Agreement, so you pay no solicitor fees if the claim fails, and QOCS normally protects you from the other side's costs. If it succeeds, a success fee capped at 25% of general damages and past losses is deducted from your damages.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Employers' Liability (Defective Equipment) Act 1969, s.1

    An employer is treated as negligent where an employee is injured by defective equipment the employer provided, if the defect was due to a third party's fault, leaving the employer to pursue the manufacturer.

  7. Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306)

    Equipment must be suitable, maintained, inspected and used by trained people. Since October 2013 a breach is evidence of negligence rather than a free-standing civil claim.

  8. Enterprise and Regulatory Reform Act 2013, s.69 (civil liability for breach of health and safety duties)

    For accidents from 1 October 2013, breach of a health and safety regulation does not by itself give a civil claim unless the regulation says so. A workplace injury claim must generally prove negligence, using the regulations as evidence of the standard of care.

  9. Employers' Liability (Compulsory Insurance) Act 1969

    Most employers must hold employers' liability insurance covering injury or disease to employees, so that a successful claimant can be paid.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.