If you have suffered injury or ill health due to a lack of or faulty personal protective equipment (PPE) at work, it’s time to look into whether you may be able to claim compensation. Whether your injuries were the result of faulty gear or insufficient training, our guide to inadequate PPE claims will explain how and why you could pursue compensation.
Our personal injury solicitors are experts in helping clients win compensation for accidents at work claims. If your claim is valid, one of them can help you pursue compensation on the basis of a No Win No Fee agreement. You can find out more about this agreement and see if you could make a claim by reaching out to an advisor via the details below:
- Call our team on 0800 073 8804.
- Begin your claim online through our ‘contact us‘ page.
- Speak to an advisor through live chat.
Frequently Asked Questions
- What Are Inadequate PPE Claims?
- Can I Make A Claim For Inadequate PPE At Work?
- The Average Compensation For Defective PPE Claims
- Examples Of Inadequate PPE Injury Claims
- Should I Report A Lack Of Or Faulty Personal Protective Equipment?
- What Is Needed To Make Inadequate PPE Compensation Claims?
- How Can Legal Expert Assist My PPE At Work Compensation Claim?
- More Information
What Are Inadequate PPE Claims?
Inadequate PPE claims are cases that involve workplace injuries caused by an employer’s failure to provide staff with suitable personal protective equipment. What constitutes adequate PPE will differ depending on the work environment, but it should protect employees from potential hazards. PPE may also be inadequate if gear is not regularly inspected and maintained to ensure there are no faults or defects that may make it ineffective or even dangerous to use.
Such claims may also arise if workers sustain injuries because they were not properly trained on how to use or store PPE. Some examples of commonly supplied PPE include:
- Steel-toe capped boots.
- Safety goggles or other eye protection.
- High visibility clothing (such as high-vis vests).
- Gloves.
- Aprons.
- Masks.
- Ear defenders.
- Hard hats.
Is It My Employer’s Responsibility To Provide PPE?
The majority of the time, it is your employer’s responsibility to ensure you are provided with PPE that is appropriate for your work. Under the Health and Safety at Work etc. Act 1974, employers have a responsibility towards their staff. This is referred to as a duty of care and requires them to take reasonable steps that protect the safety, health, and well-being of employees in the workplace.
As part of their duty of care, employers should ensure that PPE is regularly checked, maintained, and replaced where necessary. Additionally, several key laws are applicable to the use of PPE and safety equipment:
- The Work at Height Regulations 2005: Outline to employers how to stop injuries or fatal accidents for those working at a height.
- The Provision and Use of Work Equipment Regulations 1998: Sets requirements for businesses and organisations that own or operate work equipment. They are also applicable to employers whose staff use work equipment.
- The Control of Substances Hazardous to Health Regulations 2002: States that all employers must appropriately control exposure to any materials used in the workplace that could cause poor health.
- The Manual Handling Operations Regulations 1992: Establishes how the risk of injury from manual handling can be assessed, reduced, or avoided where possible.
- The Personal Protective Equipment at Work (Amendment) Regulations 2022: Obligates employers to provide adequate instruction and training about PPE and how it should be used.
While this legislation establishes various obligations for employers, staff nevertheless also have a responsibility to ensure that they use supplied PPE correctly. If they don’t, it may affect whether or not there is a valid case to claim compensation. Later on in this guide, we’ll highlight several scenarios to illustrate how a claim might arise from injuries caused by inadequate PPE.
Should PPE Be Provided If I Work In A Medical Profession?
Yes, PPE should still be provided if you work in a medical profession, as the healthcare sector has the same obligations to its workforce as any other type of employment. If personal protective equipment is required for you to do your job safely, your employer has a duty of care to supply whatever PPE is applicable to your line of medical work.
Further questions about personal protective equipment regulations? Or would you like to learn more about inadequate PPE claims? Then, please reach out to a member of our team today for free, personalised advice.
Can I Make A Claim For Inadequate PPE At Work?
You can make a claim for inadequate PPE at work, but you will need to be sure that your case meets the following conditions:
- Your employer owed you a duty of care.
- They breached this duty of care in some way related to inadequate PPE.
- As a direct result of your employer’s failure, you sustained injuries at work.
We’ve already discussed what a duty of care is, but it’s important to give some context to what a breach might look like. Say your employer doesn’t carry out regular risk assessments and, therefore, fails to identify hazards that warrant the use of PPE. That might amount to a breach of duty. If you are subsequently injured because of a lack of PPE, you may have a case to claim compensation.
Will I Be Able To Claim If I Didn’t Wear The Provided PPE?
You may still be able to claim if you did not wear the provided PPE at the time of your injury. However, any compensation you would receive if you win might be affected by the concept of contributory negligence.
This applies in situations where someone contributes to their injuries. For example, if you worked on a building site and were not wearing your hard hat when you injured your head, it may be considered that you contributed to the severity of your injuries.
In cases involving contributory negligence, compensation may be adjusted based on the level of responsibility for one’s injuries. Say you are found 25% liable. In such a scenario, your compensation would be 75% of what it would otherwise have been had you not contributed to your injuries.
What If Inadequate PPE Led To A Loved One Being Injured?
If inadequate PPE led to a loved one being injured, you may be able to claim on their behalf under certain circumstances. Those circumstances apply to minors or mentally incapacitated adults, as neither group can claim without the help of someone else. You can do so by becoming a litigation friend, which would also require you to take on various duties as your loved one’s representative.
Whether you have questions about litigation friends or want to find out if you can pursue a PPE compensation claim, contact our team today. Our advisors are available 24/7 and are always on hand to answer any queries you might have.
The Average Compensation For Defective PPE Claims
In cases of defective PPE claims involving very severe brain damage, up to £344,150 to £493,000 may be awarded, as per the Judicial College Guidelines (JCG). Your solicitor may use the JCG to put a potential value on your injuries as the document publishes suggested compensation brackets for many forms of physical and psychological harm. General damages cover such injuries.
You will find a small selection of brackets from the JCG in our table below. Since these brackets are only suggestive, please only use this table for guidance. Keep in mind, as well, that the first entry isn’t from the JCG.
| Type of Injury | Severity | Compensation |
|---|---|---|
| Multiple Very Severe Injuries Plus Special Damages (Lost Income, Care Costs, etc). | Very Severe | Up to £1,000,000+ |
| Brain and Head | Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 | |
| Foot | Amputation of Both Feet | £206,730 to £245,900 |
| Amputation of 1 Foot | £102,470 to £133,810 | |
| Scarring | Burns Covering 40% or More of the Body | Likely to Exceed £127,930 |
| A Number of Noticeable Laceration Scars or Single Disfiguring Scar | £9,560 to £27,740 | |
| Toes | Amputation of All Toes | £44,570 to £68,430 |
| Amputation of the Great Toe | In the Region of £38,210 | |
| Sight | Complete Loss of Sight in 1 Eye | £60,130 to £66,920 |
Why Should I Make A PPE Claim Against My Employer?
You should make a PPE claim against your employer to not only get the compensation you deserve, but also support your physical, psychological, and financial recovery. Compensation can help you recover any costs incurred because of your injuries. After all, you may have needed to pay out-of-pocket for private treatments or experienced a considerable loss of income. These costs fall under special damages.
As well as the expenses, special damages can also be paid out for the following:
- Physiotherapy, occupational therapy, and corrective private surgery (if a lack of PPE, for instance, led to extensive burns).
- On top of missed days at work, special damages can also factor in future lost earnings, pension contributions, and bonuses.
- Care from professionals or loved ones in the home or at a specialist facility.
- Medical aids, like crutches, wheelchairs, and mobility scooters.
- Transportation to medical appointments. That might include petrol, parking fees, or tickets for buses and trains.
Evidence like invoices and receipts is required to claim special damages for a workplace injury. So, be sure to hold onto documentation like bank statements and invoices.
If you want to find out more about how compensation might be calculated for defective PPE claims, get in contact with our friendly advisors.
Examples Of Inadequate PPE Injury Claims
You can find some examples of inadequate PPE claims below, showing how they can arise from injuries caused by employers breaching their duty of care:
- A lab worker informs their employer that the gloves they have been given are showing significant wear and tear. However, they are told to carry on working, and no steps are taken to replace the PPE. A chemical spills and comes into contact with the worker’s skin through a worn patch on one of the gloves, leading to serious burns.
- At a warehouse, a worker is not given steel-toe boots or other protective footwear, even though his employer knows that they are needed. When an item falls from a top shelf, the employee suffers a severe crush injury to his feet and legs.
- A welder in a factory regularly works with electrical equipment but is not given any safety goggles. Subsequently, they suffer a serious eye injury when they are exposed to hot metal particles from a machine.
- At a construction site, management fails to order hard hats for builders working on scaffolding. Despite this, construction work carries on, leading one builder to suffer a severe head injury after a slip and fall.
- A company risk assessment recommends ear defenders for employees working on a motorway, but no steps are taken to supply the PPE. This failure to protect workers from the loud environment results in an employee developing lasting tinnitus and ear pain.
Do you have a similar experience, or did you sustain injuries under different circumstances? No matter how you suffered your injuries because of inadequate PPE, you may still be able to make a claim. Simply contact us to share what happened to you in confidence.
Should I Report A Lack Of Or Faulty Personal Protective Equipment?
You should always report a lack of or faulty personal protective equipment to your manager or supervisor. Otherwise, you may be held responsible for any injuries that might result from inadequate PPE. If your employer ignores such reports or fails to take appropriate measures, they may be the party found liable for injuries sustained in an accident caused by faulty PPE or otherwise inadequate gear.
In certain cases, employers and other ‘responsible persons’ also need to inform the Health and Safety Executive about certain reportable incidents and injuries. This duty to notify the UK’s regulator for workplace health and safety is established by the RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013).
If you are unsure whether you have been supplied with inadequate PPE or if you can make a claim, speak to an advisor today.
What Is Needed To Make Inadequate PPE Compensation Claims?
To make inadequate PPE compensation claims, cases need to have supportive evidence and adhere to the Limitation Act 1980. Under this act, you have 3 years to start a claim, typically from the date your accident occurred.
There are 2 situations where the time limit does not apply:
- If the claimant is not yet 18: Minors cannot claim by themselves because they are too young. As highlighted earlier, a litigation friend can help them claim while time limits are suspended. If no such claim is made, the 3-year time limit will take effect on the day of someone’s 18th birthday.
- If the claimant lacks mental capacity: As also discussed, mentally incapacitated adults cannot claim without a litigation friend. No time limit applies here unless capacity is regained. If there is a recovery, then the 3 years are counted from the date of recovery.
Evidence
Evidence for inadequate PPE claims primarily needs to show how a breach of duty resulted in someone’s injuries. For example, you could support your case with:
- Medical records to show your injuries or any other documented incidents of ill health.
- Videos and photos showing the PPE you were given (or lack of PPE).
- Any log registered in your workplace accident book.
- The contact details of any witnesses to your accident or injury. Those details can be provided to a solicitor to gather eyewitness statements for your case.
If you’re unsure where to start with proving a claim, please rest assured that one of our solicitors can assist. Not only can they provide clear guidance on the steps involved, but they also have the experience necessary to help obtain evidence on your behalf. Reach out to an advisor if you have any questions about evidence or being within the time limit.
How Can Legal Expert Assist My PPE At Work Compensation Claim?
Legal Expect can assist with your PPE at work compensation claim from the moment you reach out to our advisory team. They can provide you with straightforward advice tailored to your situation and help determine whether you have a valid case. If they conclude you do, they can put you in touch with one of our specialist personal injury solicitors.
Our solicitors appreciate that navigating the inadequate PPE claims process can be stressful and confusing for those who haven’t experienced it. That’s why they aim to be there to support you throughout, including with:
- Communicating with all parties to help you stay focused on your personal needs.
- Negotiating a settlement that fairly reflects your pain and suffering.
- Giving advice on and helping you to collect evidence for your case.
- Putting you in touch with physiotherapists and other specialists to assist your recovery journey.
- Explaining all aspects of the claims process so you never feel lost in your case.
All the services provided by our solicitors are offered under No Win No Fee terms set out by a Conditional Fee Agreement. This contract ensures you won’t pay your legal representative any solicitor fees beforehand or during the claims process. You won’t even have to pay these fees if your case is lost.
If you receive compensation, you will need to pay a success fee to your solicitor for their work. However, the percentage taken from your compensation is capped by legislation. The fee is also pre-agreed before you start your claim, so you’ll have no surprises if you win.
Contact Our No Win No Fee Solicitors
If you want to see if you can claim with one of our No Win No Fee experienced personal injury solicitors today, please contact our advisors free of charge using the details below:
- Call our team on 0800 073 8804.
- Begin your claim online via our ‘contact us‘ page.
- Speak to an advisor through live chat.
More Information
Read a few more of our guides below:
- Discover your rights after being injured at work.
- See if you can claim for unsafe work practices.
- Check out our stress at work claims guide.
Get more information about health and safety at work via the links below:
- See when a ‘responsible person’ should report an incident via HSE.GOV.UK.
- Find out if you might be entitled to Statutory Sick Pay (SSP) via GOV.UK.
- Learn about head injuries and concussion via nhs.uk.
If you have any queries regarding inadequate PPE claims, please don’t hesitate to get in touch with our advisory team today.