Last Updated on September 9, 2026 by tanya

Claim Compensation If a Machine Guard Was Faulty

 

• Workers injured because a machine guard was faulty or poorly maintained in England and Wales may be able to claim compensation, as employers must inspect and maintain guarding under PUWER.
• Faulty machine guards often indicate employer negligence, especially when inspections, servicing, or repairs were missed or ignored.
• Injuries caused by defective guards include crush injuries, amputations, lacerations, fractures, and entanglement, often requiring long‑term treatment.
• If a guard failed during operation, you may be able to pursue a No Win No Fee personal injury claim covering pain, suffering, lost earnings, and rehabilitation.
• To protect your rights, seek medical treatment, report the accident, gather evidence, and speak to a solicitor experienced in machinery‑related workplace injury claims.

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Faulty or Poorly Maintained Machine Guards May Be a Serious Hazard

Machine guards are designed to protect workers from dangerous moving parts, so if you’ve been injured at work in an accident involving a machine guard, you may be entitled to claim compensation if a machine guard was faulty or poorly maintained by your employer.

If a machine guard is faulty, loose, cracked, worn, or poorly maintained, it can fail without warning. This may expose employees to blades, rollers, gears, conveyors, and cutting tools. Unlike missing guards, which are immediately obvious, faulty guards can often look intact until the moment they fail.

 

PUWER Regulations for Machine Guards

When a guard fails because it was not properly maintained, an employer has breached their legal duty. In England and Wales, employers are legally required to comply with the Provision and Use of Work Equipment Regulations 1998 (PUWER). These regulations require employers to:

 

• Install appropriate guards
• Inspect machinery regularly
• Maintain guards in safe working condition
• Repair or replace damaged guards promptly
• Prevent workers from using unsafe equipment

The HSE enforces strict machinery‑guarding regulations, and employers must comply regardless of industry, whether your accident happened in a factory in Manchester, a warehouse in Liverpool, or a workshop in Birmingham.

 

How Faulty Machine Guards May Indicate Employer Negligence

Wear and tear of machine guards is predictable, and employees should be monitoring this. In many cases a faulty machine guard may well be the result of poor maintenance practices, ignored inspections, or unsafe shortcuts.

Negligence may be established when:

 

• Maintenance schedules were missed or incomplete
• Risk assessments failed to identify worn or damaged guards
• Servicing records show overdue repairs
• Supervision allowed workers to operate unsafe machinery
• Training did not cover how to identify guard defects
• Reports of faults were ignored or dismissed

 

Examples of Injuries Caused by Faulty or Poorly Maintained Guards

When a guard fails during operation, the consequences may be serious as workers may be pulled into machinery, struck by moving parts, or exposed to cutting tools.

Typical injuries include:

 

• Amputations:  fingers, hands, or limbs caught in exposed mechanisms
• Crush injuries:  hands or arms trapped between rollers or presses
• Deep lacerations: caused by sudden exposure to blades or cutting tools
• Fractures: from impact or entrapment
• Degloving injuries: severe tissue damage from rotating machinery
• Nerve damage: long‑term loss of sensation or function

These types of injuries may require surgery, physiotherapy, and long‑term rehabilitation. Additionally, some workers cannot return to their previous roles, making compensation essential for financial stability.

 

It is worth noting that we analysed three months of our caller data relating to injuries at work, with a key finding being work injuries had been repeatedly caused by unsafe and faulty machinery.

(To protect caller confidentiality and comply with data‑handling obligations, we do not publish or discuss individual accident circumstances.)

 

Why Poor Maintenance Is a Major Cause of Guard Failure

Under PUWER, employers must ensure machinery is “safe for use” which includes every guard, bracket, hinge, and fixing. However, if they fail to maintain equipment, they put workers at risk. Here are some examples:

 

• Loose fixings that were never tightened
• Cracked guards left unrepaired
• Worn hinges or brackets that finally give way
• Improvised repairs using tape or temporary fixes
• Guards removed for cleaning and not refitted correctly
• Lack of scheduled servicing
• Outdated machinery with no modern guarding

 

Steps to Take If You Were Injured Because a Guard Failed

If a machine guard failed and caused your injury, it’s advisable to take the following steps:

 

1. Seek Medical Attention

This type of injury may be serious with immediately medical attention needed. However, medical records will also support your claim.

 

2. Report the Accident

Report the accident and ask your employer to record it in the accident book. If your employer refuses or doesn’t have an accident book, send an email for a written record.

 

3. Gather Evidence

A solicitor can help you to obtain the necessary evidence which may include:

 

• Photos or videos of the faulty guard
• Witness statements
• Maintenance logs
• Servicing records
• Emails reporting previous faults
• CCTV footage

 

4. Avoid Accepting Blame

Do not apologise or suggest you caused the accident. Guard failure is often preventable and may have been caused by employer negligence.

 

5. Contact a Specialist Solicitor

A solicitor experienced in machinery‑related injuries can assess your case. We connect you with highly experienced personal injury lawyers who handle work injury claims.. They offer a free, initial consultation to assess your claim, as well as offering No Win No Fee agreements.

 

Can You Claim Compensation for a Faulty Machine Guard?

If a guard failed because it was faulty or poorly maintained by your employer, you may be eligible to pursue a personal injury claim. However, to succeed, you must be able to prove:

 

The guard was faulty or poorly maintained

The employer knew or should have known about the defect

The failure can be directly linked to your injury

 

Guard failure injuries may often be severe and as a result, compensation may be significant. Compensation typically covers:

 

• General damages: pain, suffering, and loss of amenity
• Special damages: lost earnings, medical costs, travel expenses
• Future losses: reduced earning capacity, long‑term treatment
• Care and assistance: support from family or professionals

 

Ready to Take the Next Step?

If you were injured because a machine guard failed, you may have grounds to claim compensation for your injuries. There is a three-year time limit from the date of your injury, or from the date you became aware of your injury, to make a personal injury claim.

If this has happened to you or a loved one, our friendly team can help you through this difficult time.

📞 Call us now on 0333 358 2345 📧 Or contact us online and we’ll call you back.