LEGAL GUIDE · ENGLAND & WALES
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Injuries caused by machinery, power tools, industrial equipment, and vehicles in the workplace are among the most serious categories of workplace accident. They frequently result in crush injuries, amputations, burns, and fractures — often because an employer failed to guard equipment properly, maintain it adequately, or train workers how to use it safely.
The primary legislation governing the safety of work equipment in England and Wales is the Provision and Use of Work Equipment Regulations 1998 (PUWER). If your employer breached PUWER and you were injured as a result, you are entitled to claim compensation.
Injuries caused by machinery and defective work equipment are among the most serious in any workplace. If you have been injured by unguarded machinery, defective equipment, or a vehicle or plant at work, your employer may be liable to compensate you.
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What Is PUWER?
PUWER stands for the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306). The Regulations apply to virtually all work equipment used in the workplace — from hand tools to industrial presses, factory machines, power saws, forklift trucks, and conveyor belts. “Work equipment” means any machinery, appliance, apparatus, tool, or installation used at work.
PUWER applies not only to equipment owned by your employer but also to equipment hired, leased, or borrowed for use at work. If a third party supplied defective equipment to your employer and you were injured using it, a claim may also be made against the supplier under the Consumer Protection Act 1987 or under the terms of the hire agreement.
What Duties Does PUWER Place on Your Employer?
PUWER imposes specific duties on employers relating to work equipment. The key provisions relevant to injury claims are:
Regulation 4 — Suitability
Work equipment must be suitable for the purpose for which it is used and must be used only in conditions and for operations for which it is suitable. Using a machine for a task it was not designed for — a common cause of accidents — is a breach of this Regulation.
Regulation 5 — Maintenance
Work equipment must be maintained in an efficient state, in efficient working order, and in good repair. A maintenance log must be kept for equipment where maintenance is necessary for health and safety reasons. Defective equipment that has not been properly serviced is one of the most common PUWER breaches NJS Law encounters.
Regulation 6 — Inspection
Where work equipment requires regular inspection to ensure it is safe — particularly where it is exposed to conditions that cause deterioration — the employer must ensure it is inspected at appropriate intervals and after any exceptional circumstances that might affect safety.
Regulation 11 — Dangerous Parts of Machinery
This is one of the most litigated PUWER provisions. Employers must take measures to prevent access to dangerous parts of machinery or to stop the movement of dangerous parts before a person enters a danger zone. Required measures, in order of preference: fixed guards, other guards or protection devices, jigs or push sticks, information and training. Unguarded or poorly guarded machinery is a primary cause of serious factory and workshop injuries.
Regulation 8 — Information, Instructions, and Training
All workers who use work equipment must receive adequate health and safety information, clear written or oral instructions on use, and appropriate training — including on the risks associated with the equipment and the precautions to be taken. Failure to provide adequate training is a common breach, particularly where young or inexperienced workers are involved.
LOLER 1998 — Lifting Equipment
The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) apply specifically to lifting equipment — cranes, forklifts, hoists, passenger lifts, and any equipment used to lift or lower loads. LOLER requires that all lifting operations are properly planned by a competent person, supervised, and carried out safely. All lifting equipment must be thoroughly examined at defined intervals by a competent engineer. LOLER claims arise from forklift accidents, crane collapses, and hoist failures.
Common Machinery and Equipment Injuries
Injury Type | Common Cause | Approximate JCG Range (18th Ed.) |
Finger / partial amputation | Unguarded blade, press, or roller | £17,580 – £45,840 |
Hand injury — moderate to severe | Crush, entrapment, or laceration | £29,000 – £57,000+ |
Arm — amputation (below elbow) | Serious entrapment in machinery | £102,890 – £130,930 |
Eye injury — serious (one eye) | Ejected material, unguarded machinery | £49,270 – £66,920 |
Burns — moderate | Contact with hot surfaces, molten metal | £11,200 – £27,220 |
Back / spinal injury from forklift | Collision, tip-over, falling load | £38,780 – £322,060+ |
Fractures — leg or pelvis | Crush from vehicle or machine | £27,760 – £52,500+ |
Strict liability note: Prior to the Supreme Court’s decision in Kennedy v Cordia (Services) LLP [2016], PUWER and other workplace Regulations imposed strict liability — meaning a claimant did not need to prove negligence, only a breach of the Regulation. Following the Enterprise and Regulatory Reform Act 2013, civil liability for breach of health and safety Regulations was removed; claims now proceed in negligence using the Regulations as evidence of the standard of care. This makes legal representation important in equipment injury claims.
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Frequently Asked Questions
What is PUWER and how does it affect my claim?
PUWER stands for the Provision and Use of Work Equipment Regulations 1998. It requires employers to ensure all work equipment is suitable, properly maintained, inspected, guarded, and used only by trained workers. A failure to comply with PUWER that results in injury is evidence of negligence and forms the legal basis of a machinery or equipment injury claim.
Can I claim if the machine I was injured by belonged to a client or site owner rather than my employer?
Yes. Whoever supplied or was responsible for maintaining the equipment owes a duty of care to those who use it. If you were required to use a client’s or site owner’s equipment and it was defective or inadequately guarded, a claim can be made against that party. Your solicitor will identify all responsible parties and pursue each appropriately.
What if I was not trained to use the machine but was told to use it anyway?
This is a strong basis for a claim. PUWER Regulation 8 requires employers to ensure all workers receive adequate training before using work equipment. If you were instructed to use machinery you had not been trained on, the employer has clearly breached this duty, and the fact that you complied with the instruction does not make you responsible for the resulting injury.
Can I claim if the accident happened because a guard was missing or broken?
Yes. PUWER Regulation 11 requires specific measures to prevent access to dangerous parts of machinery, with fixed guarding as the primary requirement. A missing, broken, or inadequate guard is one of the clearest possible PUWER breaches. If the absence of a proper guard caused or contributed to your injury, you have a strong basis for a compensation claim.
This article is for general information only and does not constitute legal advice. For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of accident at work claims, including eligibility, time limits and the claims process, see NJS Law’s accident at work claims service page.
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