Inadequate Protective Equipment Compensation Claims

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.

In our guide to claiming inadequate protective equipment compensation:

Introduction

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). Protective equipment must be provided, and the PPE must also be fit for purpose and offer adequate protection.

Quittance's solicitors can assist with all PPE-related claims, 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

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.

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 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

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. Read more about making a No win, no fee 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.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

How can Quittance help?

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, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 or arrange a callback:

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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.

Read more about claiming on behalf of another person.

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.

Read more about claiming compensation if you were partly responsible for an accident.

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 376 1001 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.

Calculate your claim limitation date

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.

Read more: Will my injury claim go to court and what if it does?

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.

Read more: Will I have to visit a solicitor's office?

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.

Read more about interim compensation payments.