I would like to make a claim for compensation for an injury due to using poorly maintained factory machinery. I sustained severe lacerations to my hands after a safety guard broke. Is it possible to claim compensation for this type of accident?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

It is possible to claim compensation for an injury due to using poorly maintained factory machinery, provided you can establish that the poorly maintained factory machine was the primary cause of the accident, and you can establish and prove that the lack of maintenance was due to the negligence of your employer. If you are able to do this, there will be a good likelihood of being able to recover poorly maintained factory machinery compensation.

Your employer has a legal responsibility under the Safety, Health and Welfare at Work Act 2005 to provide and maintain a safe workplace. This includes the provision of safe factory equipment and ensuring that it is properly maintained. Employees should not be placed at an unacceptable risk of injury by using any factory machinery.

Establishing that it was the negligence of your employer which caused you to be injured due to poorly maintained factory machinery can be complicated, and it is recommended that you speak with a personal injury solicitor about making a claim for compensation for an injury due to using poorly maintained factory machinery. Complications may arise with your claim as, while an employer has a responsibility to provide safe factory equipment and to ensure that it is properly maintained, employees also have duties under this under the same health and safety legislation.

An employee must highlight any defects in factory machinery which may pose a risk to health and safety and, if you were aware that the machinery was dangerous, you should have reported this to your employer. Although your employer may have been negligent for failing to maintain factory machinery, you may be deemed to be partially at fault for your injuries for failing to report any problems. Any ‘contributory negligence’ on your part is likely to affect how much compensation for an injury due to using poorly maintained factory machinery you receive, and may even affect your eligibility to make a claim for compensation.

When you speak with a solicitor about making a claim for an injury due to using poorly maintained factory machinery, your eligibility to make a claim will be confirmed and any contributory negligence will be assessed. You will then be advised if under the circumstances you are entitled to claim poorly maintained factory machinery compensation and whether it is likely to be worth your while to do so.