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How Much Compensation For An Injury Caused By Inadequate Protective Equipment?

By Lewis Cobain. Last Updated 1st February 2023. Welcome to our guide on personal protective equipment claims and PPE claims. One of the ways employers are expected to safeguard their workforce or employees is through the provision of what is known as Personal Protective Equipment (PPE).

The purpose of the PPE is to safeguard or shield workers from potential hazards in the workplace. Unfortunately, there will always be a risk of injury in the workplace, no matter how committed employers are to safety and prevention.

However, as this problem exists, the use of Personal Protective Equipment should diminish these risks. As a result, any issue resulting from an inadequate protective equipment accident may be liable for an accident at work claim.

One important thing every employee should always remember is that it is the duty of the employer to provide a safe working environment and safe personal protective equipment for its employees. Therefore, when an accident caused by a lack of health and safety protective equipment occurs, the liability may belong to the employer.

The aim of this guide is to talk about protective equipment work accident compensation claims for those who have a valid reason to make a claim. In this guide, we will try to answer many frequently asked questions on this subject.

By the time you have finished reading this guide, you should be able to understand what and how to make any compensation claim based on an accident caused by protective equipment.

To make things easier, we have included our contact details at the bottom of the guide for anyone in need of additional advice that wishes to speak to a personal injury solicitor. We could also explain the claims process in further detail.

Select a section:

A Guide to Claiming for an Injury Caused by Inadequate Protective Equipment

This guide aims to help you understand protective equipment accident claims. With that in mind, this guide will help you navigate through the process of making personal protective equipment claims. The guide is divided into sections, with each section answering questions regarding this protective equipment and injuries. It covers claims for eye injuries, burn injuries, soft tissue injuries, fall accidents and other injuries caused by inadequate personal protective equipment. It also covers claiming compensation as an employee and as a member of the public.

Also in this guide, we’ll look at relevant facts and statistics about the provision of personal protective equipment. We also assess the types of injuries which can occur due to a lack of certain PPE such as safety helmets or eye protection and how severe those injuries can become. The potential long term effects of injuries caused by a lack of PPE are also examined.

We’ll also explain the exact steps worth following if you’ve been harmed due to inadequate protective equipment and you’re considering starting a compensation claim. We’ll also look at how you may potentially be able to start a claim on a No Win No Fee basis. Potential compensation amounts when claiming for inadequate PPE are also examined in this guide. We’ll also explain how we can provide legal advice and other potential support for your own claim.

Thanks to the information contained within this guide, you will have a better understanding of how and when you can make a claim related to protective work equipment. However, if you have any further questions, we can arrange for a free, no-obligation consultation.

Injuries Caused By Not Wearing PPE – Examples

If your employer does not provide the right type of PPE for any risks you may face at work, and you are injured as a result, you could potentially hold them liable for compensation.

Injuries caused by not wearing PPE may include:

  • Eye injuries – Your job might involve you working with projectiles or chemicals that can harm your eyes if they aren’t protected by safety glasses.
  • Burn injuries – If you aren’t provided with gloves when handling hazardous substances, you may suffer a chemical burn. Additionally, if your job involves handling electrical hazards, such as power lines, you could get an electrical burn.
  • Cuts and lacerations – In occupations that involve working with sharp objects, such as carpenters and chefs, you could suffer cuts or lacerations if you aren’t provided with cut-resistant gloves and sleeving to cover your arm.

We could help you if you have suffered due to employer negligence. They may have provided you with improper PPE. Get in touch for free advice on how to make a PPE claim.

Claiming for Inadequate Protective Equipment as an Employee

Personal protective equipment claims

Personal Protective Equipment claims

It is important to note that your employer is mandated by law to ensure that you are given the full and proper protective equipment, both in hazardous and non-hazardous jobs. This is to help protect you from the risks of injury.

However, if you are not supplied with adequate personal protective equipment when doing a job and you suffer an injury, it is within your rights as an employee to seek compensation in this regard. We can give you the advice you need to pursue PPE claims and can help file your case in order to get the maximum possible compensation. Ask an advisor about your accident at work and what are your rights in the UK by getting in touch using the details above.

Claiming for Inadequate Protective Equipment as a Member of the Public

A lack of adequate protective clothing can affect members of the public as well as official employees. Every occupier of premises has a responsibility to ensure that those who are visiting the place (including those who are unauthorised or uninvited) are not exposed to any harm. The occupier has a reasonable duty of care to ensure that the premises are not dangerous for members of the public.

It is the responsibility of the owners or operators of any public place to provide safety precautions. This includes providing health and safety protective equipment. For example, as a member of the public, you are expected to wear hard helmets if you are in a public place where there is a risk of falling objects. These are to be supplied by the operators or owners of the place and it is the occupier’s responsibility to ensure that visitors are safe at all times.

If you sustain an injury due to inadequate protective equipment as a member of the public, you can make PPE claims against the owners. You can contact us for advice as well as when you have further questions.

Assessing the Severity of an Injury Caused by Inadequate Protective Equipment

Assessing the severity of an injury is very important. This is because any compensation claim will be largely determined by the severity of the injury. Therefore, in assessing the severity of the injury, a professional medical assessment is required. We can arrange for a local medical examination for our clients if necessary. You can contact us if you have further inquiries or need any advice on this issue.

As a general rule, the more severe an injury is judged to be, the higher the compensation settlement which will be awarded. This is one of the reasons why a thorough and comprehensive medical report on the severity of your injury should be made into a priority.

The Long-Term Effects of an Injury Caused by Inadequate Protective Equipment

In addition to the immediate issues caused by an injury, there are long-term health effects which can be caused by inadequate protective equipment. It is also important to note that the long-term effect of the injury will also form part of the consideration for inadequate protective equipment compensation payouts.

The long-term implications of such injuries are not necessarily physical pain but can also the psychological damage that may arise due to the injury and the financial losses that accompany injuries like this. For example, your financial situation could be greatly impacted by any job loss due to injury, reduced earning potentials and even the inability to continue with a professional career. If you are making a claim for compensation, it is important that these long-term implications are taken into consideration.

What to do if You Have Suffered an Injury Caused by Inadequate Protective Equipment

For the majority of people, the shock of an accident can be enough to hold their attention. Knowing what to do next can be hard. However, there are steps which you can take when you are considering legal action. Once you have sought the requisite medical attention, we recommend that you:

  • Report the Incident: It is important that the authorities are aware that an accident happened. The employer also needs to know you have been injured while working.
  • Collect Evidence: Ensure you collect all evidence that may help your case. The evidence could include the PPE you were wearing at the time of the accident, a photograph of the accident scene, photographs of the injuries you have sustained and eyewitness accounts of the accident.
  • Get a Medical Opinion: It is important to get a medical opinion and this means you must undergo a medical examination.
  • Document All Losses: You are advised to document all losses as a result of the injury, as it will also form part of your compensation claim.

Following these steps after you suffer an injury caused by inadequate protective equipment can help your compensation case. If you are in need of any further advice about personal protective equipment claims, you can contact us at any time.

If you do decide you want to pursue a claim for an injury caused by inadequate PPE, then it’s best to start this process as soon as you can. A time limit usually applies when considering a claim for a personal injury. Under the Limitation Act 1980, a personal injury claim usually has to be started within three years of when your injuries occurred or could be diagnosed.

The time limit can be frozen (at least temporarily) if the victim is under the age of 18 or lacks the mental capacity to act on their own. Nevertheless, it’s always wise to start the process of beginning your personal injury claim as soon as possible. This gives you the maximum chance of getting your claim up and running in time.

What can be Claimed for After an Accident due to an Injury Caused by Inadequate Protective Equipment

When you are considering legal action, it is important to know what can be claimed. There are many different expenses, costs and damages which can make up a claim. However, the following are applicable for protective equipment accident claims:

  • General Damages: This includes the claim you make as a result of the pain and suffering due to the injury sustained. It also covers the psychological damage caused by the injury.
  • Medical Expenses: The cost expended on medications and treatment of the injury can be claimed. This claim could cover both present and anticipated medical expenses
  • Recuperation: The cost of recuperation as a result of the injury
  • Financial Losses: Include loss of potential earnings, reduced earnings and even job loss as a result of the injury.

Arriving at the final compensation total for Personal Protective Equipment claims and PPE claims could seem complicated. However, your solicitor would look at the nature of your claim and advise you accordingly.

No Win No Fee Inadequate Protective Equipment Claims

When you are worried about seeking professional help, one of the first hurdles to overcome is the cost of working with a law firm. In many instances, you may be charged upfront or ongoing fees in order to bring in professional help. At a time when you might not be working or when you may be facing many expenses as a result of your injury, we have a solution.

We are able to offer our services on a ‘No Win No Fee’ basis. Otherwise referred to as a Conditional Fee Agreement (or CFA), this approach can dramatically reduce the initial cost of working with a legal team. We only take our costs from the final settlement total and only do this in the event that your claim is successful. If you would like to discover more about this, feel free to contact our team today.

Injury Caused By Inadequate Protective Equipment At work – Compensation Payout Examples

As we have explained, how much you will be able to claim will depend on the injuries you had suffered due no PPE being provided at work or inadequate protective equipment at work. Legal professionals will consider the severity of your injuries, your treatment plan and any long-term effects.

The listed brackets are taken from the 2022 edition of the Judicial College Guidelines. This document can be used by legal professionals to help evaluate your claim, though the amounts shown are not guaranteed.

Edit
Injury Severity Amount Notes
Foot Injury Severe £41,970 to £70,030 Serious pain, losing mobility of the foot.
Foot Injury Serious £24,990 to £39,200 May be corrected through surgery; severe pains.
Foot Injury Moderate £13,740 to £24,990 Temporary loss of function of foot due to injury and permanent deformity.
Foot Injury Minor Up to £13,740 Minor injury, enough to cause damage.
Toe Injury Full Amputation Of All Toes £36,520 to £56,080 Severe pains and complete loss of a toe.
Toe Injury Severe £13,740 to £21,070 Severe injury, temporary loss of toe as a result of the injury.
Toe Injury Moderate Up to £9,600 Mild pains which are enough to make you uncomfortable.
Leg Injury Serious £39,200 to £54,830 Likely a leg fracture with severe pains as a result of the injury.
Leg Injury Moderate £27,760 to £39,200 Severe pains which take time to heal.
Finger Injury Severe fracture Up to £34,480 Could lead to temporary loss of function of the affected fingers as result of injury.
Finger Injury Loss of index finger £12,170 to £18,740 Could lead to amputation of the affected fingers.
Finger Injury Fracture of index finger £9,110 to £12,240 Injury may look small but enough to cause problems.

The amounts demonstrate only general damages: an amount of compensation claimants were awarded for the pain and suffering the injuries caused.

You could also be able to make a claim for special damages. This is compensation for how your injuries have impacted your financially. For example:

  • If you are unable to work and therefore lose earnings
  • If you require expensive treatment or care
  • If you require aids to help you manage your injury

If you were injured due to a lack of sufficient PPE being provided at work, please reach out to one of our advisers to discuss making a claim.

How to Start an Inadequate Protective Equipment Accident Claim

One of the most difficult aspects of starting a compensation claim is knowing where to begin. In the aftermath of an injury, you may be struggling for direction. This is particularly true for those who have little to no experience in legal matters. Even if you are determined to seek compensation through PPE claims, knowing where to start is tough. This is why we recommend working with a legal team.

If you call our offices, for example, we can offer you a legal consultation free of charge. This is a no-obligation discussion in which we will examine every detail of your personal protective equipment claims. In doing so, we will be able to provide you with an experienced insight into the potential chances for success and the amount of compensation you might receive. If you do decide to work with our firm, we can then handle the case on your behalf. This will include arranging our ‘No Win No Fee’ agreement, helping you find a local doctor, and proceeding with the filing of all the necessary paperwork. We can also conduct fact-finding and evidence gathering while you focus on recovering from your injuries. With the right law firm on your side, starting a legal claim can be much, much simpler.

Why Choose us as your Claims Service for an Injury Caused by Inadequate Protective Equipment

If you want to work with the best legal team available, we are the perfect choice. Our legal team has spent years refining our knowledge of the injury compensation world and we know how to maximise your settlement amount while still providing insightful, caring assistance. We want you to get the compensation you are owed and we can do this using our ‘No Win No Fee’ agreement, our free legal consultation, and our ability to organise a visit to a local doctor when you need it most.

If you want to work with the best legal professionals around, we are the clear choice. Call us today and talk with our team for more information on what we can do to help you.

Call for Free Advice and To Start a Claim

We are here to give you helpful advice about your compensation claim. We can be reached on 0800 073 8804 or by using the web chat features and contact forms on our website. Speak to us today and arrange for a free, no-obligation legal consultation. We’re the right law firm for your compensation claim.

Helpful Links Related to Personal Protective Equipment claims and PPE claims

How Much Compensation Can I Claim For A Work Accident Claim?

Find out how much compensation you can claim for an accident at work and also get free advice from our work accident specialist team.

Burn Injury Claims and Compensation Amounts

Have you suffered from a burn injury at work? find out how much compensation you could claim for a burn injury.

HSE Personal protective equipment (PPE) – COSHH

Employers are responsible for providing, replacing and paying for workers personal protective equipment.

Below, you can find lots of guides on claiming compensation for a workplace accident:

FAQs on Personal Protective Equipment Claims and PPE Claims

What PPE is used in healthcare?

PPE in healthcare can include anything from gloves, aprons, gowns, goggles, surgical masks. It generally provides the worker with protection from health risks.

What is included in a PPE?

PPE differs between workers. A construction worker’s PPE could include a hard hat and safety boots. However, a medical professional’s PPE would differ.

What are the main types of PPE?

These include protection for the head and scalp, the respiratory system, eyes, ears, hands, arms, feet and legs.

When should PPE be worn?

Anyone coming into contact with blood and bodily fluids should wear PPE at all times in such scenarios.

Is hand sanitiser a PPE?

Hand sanitiser is indeed one example of PPE.

Who is responsible for providing PPE?

All employers should provide PPE for employees where the situation demands it.

What happens if you don’t wear PPE?

Choosing not to wear PPE in an environment that requires it could lead to dismissal on the grounds of gross misconduct.

What do you wear under PPE?

You should wear trousers with a long-sleeved shirt, even in hot conditions.

Thank you for reading our guide to Personal Protective Equipment claims and PPE claims.

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      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.