Inadequate Protective Equipment (PPE) Compensation Claims
If your life, or the life of a loved one, has been affected by an inadequate protective equipment injury, we can help.
If your injuries were caused by your employer or a co-worker, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a work accident compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses. By law, your employer will have insurance to cover the cost of injury claims, and your compensation will be paid out of this policy.
We can help you make a work accident claim on a No Win No Fee basis.
In this article
What is Personal Protective Equipment (PPE)?
The regulations define PPE as:
"…all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects him against one or more risks to his health or safety, and any addition or accessory designed to meet that objective."
PPE may take the form of safety helmets or other protective headgear, gloves, eye protection, high-visibility clothing, safety footwear, safety harnesses, and respirators or other types of protective masks.
What does the law say about PPE?
Employers have a duty of care to safeguard workers, shielding them from potential risks in the work environment.
Part of this legal obligation involves providing suitable Personal Protective Equipment (PPE), free of charge. PPE must be fit for purpose and offer adequate protection.
On 6 April 2022, the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER) came into force as an and amendment to the 1992 Regulations (PPER 1992).
The Health and Safety Executive (HSE) are responsible for enforcing this legislation.
This revised legislation means that employers now have an obligation to provide free PPE to all workers, including workers who are self-employed or on a zero-hours contract. Previously employers were only required to provide PPE to employees with a formal employment contract.
What are the responsibilities of an employer?
According to PPER, the employer must view PPE as a last resort measure. Before PPE is used, employers must first endeavour to:
- Eliminate the risk
- Replace the hazard
- Isolate workers from the hazard
- Change working practices to minimise risk
If PPE is still required after taking the above measures, employers must ensure that the PPE is:
- Provided free of charge
- Suitable for its intended use e.g. appropriate for the risks involved; takes account of the ergonomic requirements and personal needs of user; is properly fitted; meets design standards.
- Compatible where more than one item needs to be used together
- Properly stored and maintained to avoid damage or defects. Defects should be reported.
- Used correctly, giving employees training and instruction where necessary
If you are injured at work following a breach of any of these points, you may be entitled to claim compensation.
What is 'inadequate PPE'?
Where an employer provides PPE, but fails to meet any of the further requirements set out in the regulations, PPE would be deemed inadequate.
Inadequate PPE might have been supplied following a failure to carry out a detailed risk assessment. It may be that unsuitable PPE was supplied in ignorance or in an attempt to save money
Whatever the reason, inadequate PPE subjects workers to unnecessary risk.
If your were injured as a result of your PPE being inadequate, your employer may be considered negligent and a compensation claim should be possible.
PPE accident statistics
According to the Health and Safety Executive (HSE), there are approximately 9,000 work accidents reported every year, where there had been failures in the specification, use and maintenance of PPE.
The statistics show that hand, arm and foot protection are the most common types of injury, followed by eye and face protection.
Major injuries are most common in construction and agricultural. Injuries tend to be less severe in the manufacturing and service industry.
Experienced work accident solicitors
Accidents at work need to be handled sensitively and carefully. For this reason, seeking expert legal advice is recommended.
Together with our panel of solicitors, we have helped numerous employees successfully claim compensation for PPE related injuries, including:
- Foot fractures caused by inappropriate footwear
- Burns sustained as a result of gloves that are too short or thin
- Eye damage as a result of ill-fitting safety goggles
- Head injury due to an insufficient hard helmet
Do I have an injury claim?
It should be possible to make an injury claim if you were injured:
- in the last 3 years and;
- someone else was to blame.
Even if these two points don't apply to you, you may still be able to make a claim.
To find out for sure, speak to a legally trained adviser on 0800 376 1001.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
No win, no fee
No win, no fee removes the risk from making an injury claim. If your claim is unsuccessful, you won't have to pay your solicitor any legal fees.
Our no win, no fee guarantee
Our no win, no fee guarantee means there is zero financial risk in making an injury claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.
How do personal injury solicitors get paid?
If your inadequate protective equipment claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.