Making a Claim for Inadequate PPE
Personal protective equipment (also known as PPE) is required in some workplaces in order to protect the user against specific health or safety risks posed by the nature of the work.
If you feel you have been injured or have lost a loved one as a result of the inadequate provision of PPE, you may be eligible to make a claim for compensation.
What is PPE / Personal Protection Equipment?
As stated by the Health and Safety Executive (HSE), despite safe systems and engineering controls being in place, hazards can sometimes remain in the workplace. In these cases, PPE is required to protect workers.
Personal protective equipment can include:
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Helmets or protective headgear
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Gloves
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Eye protection including goggles or visors
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Ear protection including ear defenders and ear plugs
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Protective masks or respirators
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High visibility clothing
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Flame retardant clothing
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Stab-proof vests
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Protective footwear
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Safety harnesses
Injuries from Inadequate PPE
The risks posed by inadequate provision of PPE can cause injuries ranging in severity from minor to severe or can even result in death. Due to inadequate PPE, the following scenarios could happen:
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Exposure to contaminated air can result in injuries to your throat and lungs
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Being hit by falling material can result in external and internal injuries including brain and head injuries
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Airborne particles and corrosive liquids can cause damage to eyes and skin
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Exposure to extreme temperatures (cold and hot) can result in damage to your body.
These are just a selection of examples of the injuries caused by inadequate PPE. If you have suffered any injury due to not being given the correct PPE or being given no PPE at all, a claim for damages could allow you to access the treatment, rehabilitation, and closure you need.
Who is Liable for PPE Claims?
The provision of personal protective equipment is the responsibility of an employer; an employee is not required to provide their own PPE. If you are injured because of defective PPE or a lack of provision, your employer would be considered negligible and thus liable for any compensation claim.
An employer’s responsibilities for providing their employees with PPE are set out in the Personal Protective Equipment Act of 1992. The Act clarifies that any equipment provided must be the right size for the wearer, of the correct design standards, checked regularly, and stored correctly.
All employees must also be given training in the correct use of the PPE and how to make sure the equipment is cared for properly.
Where an employee feels they have suffered injury as a result of a lack of training, or incorrectly sized or damaged equipment, they should seek legal advice at the earliest opportunity to discuss the possibility of making a claim. Equally, where there has been no PPE provided at all and you suffer injury or the loss of a loved one, you should speak with a solicitor for legal advice.
Coronavirus and Pandemic PPE Guidance
The Department for Health have been regularly updating their PPE guidance for the use of PPE by employees during the COVID-19 outbreak. As with standard PPE provision, there are different requirements for the provision of personal protective equipment by employers depending on the role of the employee. For example, different PPE is required for healthcare workers within hospitals, GP surgeries, care homes, and paramedics as well as employees in shops and supermarkets, and couriers.
Up to date guidance from Public Health England on PPE requirements during the coronavirus pandemic can be found here.
Why Choose Farleys?
Farleys’ personal injury team has a wealth of experience advising on PPE claims and securing damages for clients who have suffered extensive injuries from accidents as a result of inadequate personal protective equipment. Our personal injury solicitors will deal with your case with the sensitivity and expertise needed to provide a successful outcome to allow you to recover from your injuries and find closure.
