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Work Equipment Injury Compensation

Can work equipment injury compensation be awarded for a faulty door handle on a tractor? I fell four feet from my tractor when a door handle came off in my hand and broke my ankle and wrist. What is the procedure for making a work equipment injury claim?

Question:

Can work equipment injury compensation be awarded for a faulty door handle on a tractor? I fell four feet from my tractor when a door handle came off in my hand and broke my ankle and wrist. What is the procedure for making a work equipment injury claim?

Answer:

Many people wrongly assume that work equipment injury compensation only applies to accidents in the workplace involving faulty tools or machinery; however a work equipment injury claim can be made for a failure or fault with vehicles used for work, or any piece of equipment which causes an injury in the workplace. In your case, you can claim work equipment injury compensation as farm vehicles are classed as work equipment.

As with any personal injury sustained in the workplace, to be eligible to make a work equipment injury compensation claim you must be able to prove that you sustained your injuries in an accident which could have been prevented had proper care been taken by your employer, or that the accident was caused by the negligence of any third party. In your case, it is not clear without further investigation who the negligent third party will be, as it could be your employer for failing to complete maintenance on the tractor, or the supplier or manufacture for providing a faulty vehicle.

When it is not clear who the negligent party is in a claim for work equipment injury compensation, it is important to speak with a personal injury solicitor for advice. After listening to your account of the accident and how you sustained your injuries, you will be provided with assistance on the procedures you need to do next in order to gather evidence of negligence. Your chosen solicitor will then draft a claims letter to send it to all negligent third parties outlining the nature of your injuries and why they are believed to be liable to pay you work equipment injury compensation.

They will be given 21 days in which to respond to the claims letter or to acknowledge that it has been received. They are then provided with three months to conduct their own investigations, during which time it is not unusual for the insurers of the negligent third party or parties to contact the claimants chosen solicitor to discuss a potential settlement. At the end of the three month period the defendant(s) will either accept liability for your work equipment injury claim or it will be denied. On occasion, a claim for injury compensation for faulty work equipment may require more time to be investigated, and a short extension may be granted.

Commonly the insurance company of the defendant will offer a settlement to avoid litigation through the courts, and negotiations will take place on the level of work equipment injury compensation that the defendant’s insurance company is willing to pay. If liability is denied, a claim for work equipment injury compensation will require court proceedings to be issued. This does not necessarily mean that the matter will make it to the courts, as often insurance companies decide to settle even at the eleventh hour. Should the claim for work equipment injury compensation not be resolved beforehand, the matter will go before a judge and both sides will present their cases. The judge will then rule based on the evidence.

In the majority of cases, work equipment injury compensation claims do not require court litigation and an appropriate settlement can be reached between the claimants chosen personal injury solicitor and the insurance company of the defendant(s), however it will be to your advantage to speak with a personal injury solicitor at the first possible opportunity.