A Guide to Claiming Inadequate Protective Equipment Compensation
If your life, or the life of a loved one, has been affected by an inadequate protective equipment injury we can help.
The purpose of this guide is to help anyone who has suffered an inadequate protective equipment injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
Employers have a duty to safeguard their employees, shielding them from potential risks in the work environment. Part of this involves providing Personal Protective Equipment (PPE). Equipment must not only be provided, it must also be fit for purpose, offering adequate protection.
Quittance's solicitors can assist with all PPE-related claims, including:
- Foot lacerations 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 inadequate protective equipment claim?
It should be possible to make an inadequate protective equipment claim if you were injured:
- in the last three 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 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
The amount of money you could claim for your inadequate protective equipment will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your inadequate protective equipment has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an inadequate protective equipment? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a severe eye injury can be £43,000
For a more minor hand injury, in isolation, you would typically receive £3,000.
However, if you have a severe eye injury and a more minor hand injury, you would typically receive £43,000 + a reduced percentage of £3,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries.Read more about multiple injury claims
What is the average injury compensation for an inadequate protective equipment claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an inadequate protective equipment will depend entirely on your specific circumstances.
Your inadequate protective equipment compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
What if I am not yet sure of the extent of my injury?
If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.
Inadequate protective equipment compensation
Calculating how much compensation you can claim for an inadequate protective equipment injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your inadequate protective equipment claim could be worth now:
How long does an inadequate protective equipment claim take?
How long it can take to get compensation for an inadequate protective equipment claim can vary significantly.
For instance, if liability is accepted by your employer, a claim could be settled in several weeks. However, if liability is denied the process might take considerably longer. On average a work accident claim takes between 6 and 9 months. For more information on how long your claim could take, read:How long will my claim take?
Will I still be able to claim for an inadequate protective equipment after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your inadequate protective equipment claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
The figures on PPE accidents
According to a 2006 survey by RIDDOR, there are around 9,000 PPE-related accidents each year. Within this, hand, arm and foot protection were the most common types of PPE cited, followed by eye and face protection.
Major injuries are most likely to occur in the construction and agricultural industries. Injuries were less severe in industries such as manufacturing and services.
What does the law say about PPE?
When it comes to safety at work, employers are guided by a number of protocols. The most relevant piece of law is The Personal Protective Equipment at Work Regulations (1992).
The Health and Safety Executive (HSE) are responsible for helping to enforce it.
What is 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."
This includes 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 are the responsibilities of an employer?
According to The Personal Protective Equipment Act (1992), the employer must view PPE as a last resort measure. Before it is used, they are required to ensure that risk has first been adequately controlled by other means. Where PPE is still required, the employer must ensure that it is:
- Provided (and paid for by the employer)
- 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
- Used correctly, giving employees training and instruction where necessary
From this, the employee also assumes some responsibility. They must ensure they use and maintain the PPE as instructed by the employer, and report any defects.
What is 'inadequate PPE'?
Where an employer provides PPE but fails to meet any of the further requirements stipulated in The Personal Protective Equipment at Work Regulations (1992), they are supplying inadequate protective equipment. By doing so, they place their employees at unacceptable levels of risk.
If an employee suffers a personal injury as a direct result of this failure, they are entitled to claim compensation based on employer negligence.
An employer may have supplied inadequate protective equipment for a number of reasons including:
- The risks and needs of the individual user were not effectively or appropriately assessed
- Poor quality PPE was supplied in ignorance or in an attempt to save money
But, no matter the reason, the employer would still be negligible.
Experienced work accident solicitors
Accidents at work need to be handled sensitively and carefully. For this reason, seeking expert legal advice is recommended.
The panel of solicitors have helped numerous employees receive compensation after being involved in an accident resulting from inadequate protective equipment.
No win, no fee
No win, no fee removes the risk from making an inadequate protective equipment 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 inadequate protective equipment claim, even if you don't win your claim.
What do I pay if I win my inadequate protective equipment 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 inadequate protective equipment claim?
If your inadequate protective equipment 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 can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, 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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Inadequate protective equipment FAQ's
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 was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
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 inadequate protective equipment claim?
In general, you have a time limit of up to 3 years from the date of the inadequate protective equipment to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your inadequate protective equipment claim becomes 'statute barred'.
Can I claim for an inadequate protective equipment 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 612 7456 to find out if you are still able to claim inadequate protective equipment compensation.
In reality, there are a number of factors that can affect whether an inadequate protective equipment claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 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 held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert