Have you been harmed by your employer's failure to provide PPE? We're here to help.
Personal protective equipment (PPE) plays a vital role in keeping workers safe across a wide range of industries.
From construction sites to hospitals, PPE is designed to reduce the risk of injury and illness. But when this essential gear is inadequate, poorly maintained, or not provided at all, the consequences can be severe. Whether it’s faulty safety helmets, unsuitable gloves, or inadequate respiratory protection, injuries resulting from a lack of proper PPE can leave lasting physical, emotional, and financial impacts.
If you’ve been injured due to inadequate PPE, you can claim compensation for your injuries and financial losses. In this article, we’ll explore how these claims work, what your rights are, and how to seek justice if your safety has been compromised at work.
Defective & inadequate PPE injury claims - Key points
- Employers and site managers must provide suitable PPE to anyone on site where there is a foreseeable risk of harm, and must also provide training and supervision to ensure PPE is used correctly.
- If you were harmed because an employer or site manager failed to provide suitable PPE, you can claim compensation.
- You can still claim as an agency worker, temp or self-employed contractor.
- You have up to 3 years from the date of your injury to start a claim.
- If your health was gradually affected, you have 3 years from the date you learned of the link between your illness and your employer's negligence.
- Your compensation will depend on the seriousness of your injury, and your financial losses and expenses. You can find out how much you can claim with our compensation calculator.
- You can claim on a no win, no fee basis.
What is Personal Protective Equipment (PPE)?
Personal Protective Equipment (PPE) refers to safety helmets or other protective headgear, gloves, eye protection, high-visibility clothing, safety footwear, safety harnesses, respirators or other types of protective masks, or other garments or equipment designed to protect the wearer's body from injury or infection.
The hazards addressed by protective equipment include physical, electrical, heat, chemicals, biohazards, and airborne particulate matter. PPE is vital in various industries and workplaces to minimise exposure to hazards.
The Personal protective equipment (PPE) at work regulations from 6 April 2022 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."
You're not alone - Over 500,000 people are hurt at work a year
Despite extensive legislation relating to the provision of adequate Personal Protective Equipment (PPE), injuries sustained due to a lack of PPE are all too common, posing serious risks to workers across various industries.
561,000 workers sustained a non-fatal injury according in 2022/23, many of these due to a lack of suitable PPE and related health and safety failings (hse.gov.uk).
From building sites to factories, the absence of proper suitable protective gear like helmets, gloves, or safety glasses can lead to severe accidents and long-term health issues.
How much compensation can I claim for defective PPE?
Compensation for an injury or illness caused by defective PPE will vary depending on:
- how serious the injury is,
- how your injury impacts both your daily life and your ability to work,
- any financial losses or costs you have incurred due to your injury.
Inadequate protective equipment injury
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages is compensation for quantifiable financial losses you've incurred as a result of your injury. Compensation can include loss of income, including future loss of income, and any additional expenses directly related to your injury.
These damages will also cover any medical or treatment bills, such as wound care, diagnostic imaging tests and surgical intervention.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average inadequate protective equipment general damages compensation table
The following inadequate protective equipment payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Dermatitis
Severity | Example | Amount |
---|---|---|
Short-term dermatitis | Affecting hands or other parts of the body (other than your face and scalp), where symptoms resolve with treatment, or short term aggravation of an existing condition | £1,890 to £4,380 |
Longer-term dermatitis | Affecting hands or other parts of the body (other than your face and scalp), where symptoms take several months or years to resolve with treatment | £9,590 to £12,660 |
Dermatitis lasting years or indefinitely | Symptoms that last indefinitely, and that affect your daily life and ability to work | £15,250 to £21,300 |
Eye injury
Severity | Example | Amount |
---|---|---|
Short-term eye injury | Complete recovery within a few weeks | £2,450 to £4,380 |
Minor eye injury | Pain and temporary interference with vision during your recovery | £4,380 to £9,690 |
Minor but permanent loss of some vision | Symptoms affecting one or both eyes, including double vision, blurred vision, or sensitivity to light | £10,110 to £23,270 |
Moderate loss of some vision in one or eye | Serious but incomplete loss of vision in one or both eyes, or blurred vision and light sensitivity in both eyes | £26,270 to £43,670 |
Loss of sight in one eye | £54,660 to £60,840 | |
Loss of one eye | £60,840 to £72,920 | |
Loss of sight in one eye & reduced vision in the other | £70,950 to £199,450 | |
Total blindness | Around £298,130 | |
Total blindness and deafness | Around £448,180 |
Facial scarring
Severity | Example | Amount |
---|---|---|
Minor (relatively) | A hardly noticeable scar (or scars) | £1,890 to £3,920 |
Moderate | A single scar that can be camouflaged with makeup, or multiple small scars that don't markedly affect your appearance | £4,380 to £15,250 |
Significant | Significant scarring where the worst affects are reduced by cosmetic surgery, and/or with causing a psychological impact | £10,110 to £33,380 |
Serious | Substantial disfigurement and/or a significant psychological impact | £19,930 to £53,720 |
Severe | A younger person (under 30) with substantial disfigurement and/or a significant psychological impact | £33,040 to £107,990 |
Hearing loss
Severity | Example | Amount |
---|---|---|
Loss of hearing in one ear | £34,740 to £50,520 | |
Total deafness | £100,680 to £121,650 | |
Total deafness and loss of speech | Deafness at an early age that prevented the development of normal speech | £121,650 to £156,070 |
Total deafness and blindness | Around £448,180 |
Lung disease
Severity | Example | Amount |
---|---|---|
Temporary aggravation of bronchitis | Temporary aggravation of existing bronchitis or other chest problems, with recovery in a few months | £2,450 to £5,910 |
Slight breathlessness | Slight breathlessness with no effect on your working life, with full recovery expected within a few years likely | £11,810 to £23,070 |
Bronchitis and wheezing | Bronchitis and wheezing with little or no impact on your work or social life | £23,070 to £34,740 |
Breathing difficulties | Breathing difficulties and/or asthma that requires frequent use of an inhaler, and that affects your daily life and ability to work | £34,740 to £60,840 |
Non-facial body scars
Severity | Example | Amount |
---|---|---|
Minor | Burns with scarring and ongoing pain | £2,630 to £8,690 |
Moderate | Scarring such as an exploratory laparotomy scar | Around £9,590 |
Serious | A noticeable laceration scar or single disfiguring scar | £8,690 to £25,220 |
Severe | Severe burns with continuing pain and psychological injury | Up to £116,300 |
Tinnitus & Noise-Induced Hearing Loss
Severity | Example | Amount |
---|---|---|
Slight tinnitus or slight NIHL | Up to £7,780 | |
Slight or occasional tinnitus with slight NIHL | £8,080 to £13,970 | |
Mild tinnitus or mild NIHL | Around £13,000 | |
Mild tinnitus and NIHL | £13,970 to £16,530 | |
Moderate tinnitus and NIHL | £16,530 to £32,960 | |
Severe tinnitus and NIHL | £32,960 to £50,520 |
Psychological harm and accidents in the workplace
If you have suffered psychological harm as a result of an accident at work, you are not alone.
Our 2024 Work Injury Claimant Survey reveals the extent of psychological trauma, with 25.00% of claims involving a psychological injury, 64.09% of which related to a physical injury.
Injuries due to inadequate PPE can cause anxiety and stress, impacting trust in employer's commitment to safety.
The psychological effects of a work injury can have a devastating impact on your physical recovery and return to work. Some injured workers may be reluctant to seek help for psychological harm, fearing stigma or a disregard of their trauma.
Factoring compensation for psychological harm will ensure you receive mental health support and other therapies that may not be readily available on the NHS in your area.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
Do I qualify for inadequate protective equipment injury compensation?
You are entitled to make an injury claim for defective PPE, if:
- you were injured within the last 3 years, and;
- another person was responsible, and;
- that person owed you a duty of care.
Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
Is a claim still possible if I am partly liable?
Ascertaining who is liable for an accident is not always straightforward and can often involve blame on both sides.
In our 2024 Work Injury Claimant Survey, 26.02% of injured workers said they either were unsure of which party was responsible, or believed they were partially responsible for their injuries.
If you believe you were partly responsible, you may still have a claim. If you were injured at work, you should be able to claim compensation from your employer even if your actions, or the actions of a colleague, contributed to your injury.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long after an inadequate protective equipment injury do I have to start a claim?
For most injury claims, you have up to 3 years from the date of your injury to start the claims process.
If you were injured due to someone else's negligence but didn't realise it at the time, the clock starts ticking from the 'date of knowledge' - the day you become aware of your injury.
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
Further reading:
What are your employer’s legal obligations for eye safety? (wellbeingnews.co.uk)
How did your defective PPE injury happen?
The claims process will vary depending on how your inadequate protective equipment happened. Click the icons below to learn more:
Can I make a no win, no fee inadequate protective equipment injury claim?
Yes. With no win, no fee, you can claim inadequate protective equipment injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to a work accident specialist about your claim?
- Calls are FREE
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- No obligation to claim
- No Win No Fee solicitors
Call 0800 376 1001
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or arrange a callbackSources
Personal protective equipment (PPE) at work regulations from 6 April 2022 (reviewed: 02/08/2024)
What are your employers legal obligations for eye safety? - (reviewed: 02/08/2024)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. 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.