How to make a inadequate personal protective equipment injury claim? – Injury At Work Claims

personal protective equipment claims

Inadequate PPE claims

By Brett Williams. Last Updated 21st July 2021. Welcome to our guide on making a personal protective equipment injury claim. This guide explains everything you should know about making personal protective equipment claims/PPE claims. Have you been injured due to a lack of health and safety equipment in the workplace?

All employers have a legal responsibility to provide their workers with the correct personal protective equipment (PPE). If they have failed to do this, and you have experienced physical and/or psychological harm as a result, you will be entitled to compensation.

At Accident Claims UK, we have many years of experience in inadequate personal protective equipment claims, and we can help you to get the payout you deserve. You can reach us on 0800 073 8801. But before you do, read on to find out more about PPE claims.

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A guide to inadequate protective equipment claims

In this personal protective equipment injury claim guide, you will discover everything you need to know about making a claim for inadequate protective equipment. This includes details on the personal protective equipment list, as well as how to go about making a claim. We will also cover the different types of injuries caused due to a lack of PPE, PPE injury statistics, and how much compensation you could receive. Furthermore, we will explain why using a personal injury insurance settlement calculator is not the best way to find out what payout you will get for your PPE claims.

If you still have questions about personal protective equipment claims when you’ve reached the end of this article, don’t hesitate to get in touch with our team for expert legal advice.

What is personal protective equipment (PPE)?

PPE is a term that is used to describe any sort of equipment that is given to provide protection. If you are carrying out a DIY task at home, for example, you will be responsible for getting your own PPE. However, when you are at work, the responsibility falls on the shoulder of your employer. The equipment that is required will differ from industry to industry and the inherent risks of the job at hand and the workplace environment.

If you’ve been injured because of inadequate PPE and would like to make a personal protective equipment injury claim, get in touch with our team today. 

What does PPE include?

PPE can include all of the following:

  • High Visibility clothing for workers in poor light conditions
  • Flame retardant coveralls for firefighters
  • Respirators or protective masks for protection against breathing in fine dust particles
  • Stab proof vests for police
  • Safety harnesses for those working off the ground
  • Proper work boots
  • Safety hard hats to shield you from falling objects and/or head bumps
  • Safety eye goggles for protection against general debris, dust particles from sawing, and sparks while welding
  • Gloves for protection against burns, scalds, and cuts while lifting heavy and sharp objects

If any of these aren’t provided, or if the quality of the PPE is substandard, this could lead to PPE claims. Speak to us about potential personal protective equipment claims.

PPE injury statistics

As per the HSE, in the UK, every annum, there are roughly 9,000 accidents relating to PPE. This is spread across many different sectors. However, the construction industry experiences the most accidents because of a lack of PPE, with service and manufacturing industries also experiencing high rates of incidents.

PPE-related accidents cost around £252 million each year. The most significant portion of this cost relates to hand and arm protection, with accidents costing £75m each year, and foot protection costing £85m. Male workers account for around 85% of PPE related accidents.

If you want to find out more about what kind of inadequate PPE can lead to PPE claims, continue reading to find out more. And remember that you can speak to us at any stage about making a personal protective equipment injury claim.

Important criteria for PPE

Making sure that employees have PPE is just the first step in preventing PPE claims. Not only does your employer need to provide PPE, but also it must provide adequate protection and fit well. Otherwise, you could look at filing personal protective equipment claims. This means:

  • Flame retardant suits must be of the highest quality
  • Protective masks must stop dust from entering the nasal passage and fit well
  • Stab proof vests must be of the highest quality and fit well
  • Footwear must be appropriate for the workplace and of the correct size. For construction or building sites, steel-toed boots are a necessity
  • Hard hats must fit securely and provide adequate protection against objects falling from a height
  • Safety eye goggles must fit well without slipping off
  • Gloves must be long enough to offer adequate protection while also being thick and fit well

If you’ve been injured because the PPE you were provided didn’t adhere to the above standards, get in touch with our team today about starting a personal protective equipment injury claim.

Your employer’s responsibilities regarding PPE

According to the Personal Protective Equipment at Work Regulations 1992, your employer’s responsibilities in terms of PPE include the following:

  • All PPE needs to be stored correctly to prevent premature deterioration or damage.
  • Frequent maintenance checks must be conducted to make sure PPE is not damaged or defective.
  • When multiple PPE is required, all items need to be compatible with one and other.
  • Employees need to have adequate training and instructions regarding the use and care of PPE.
  • The equipment that is given must meet laid down design standards and be the correct size of the wearer.
  • PPE is not the responsibility of any employee.
  • The employer needs to provide and pay for the required PPE.
  • PPE is not primary protection. Firstly, employers must put the correct measures in place to remove all potential risks.

Claiming for inadequate PPE as an employee

As per law in the UK, your employer is required to give you the correct personal protective equipment to ensure you are protected from the risk of injury. If your employer has failed to do this, and you have been injured as a consequence, you will have grounds for a personal protective equipment injury claim.

Different types of injuries caused due to lack of PPE

There are many different types of PPE claims that can be launched. This includes the following:

  • Fall accidents
  • Soft tissue injuries
  • Burn injuries
  • Electric eye injuries
  • Body cuts
  • Respiratory injuries
  • Foot injuries
  • Head injuries

If you’ve suffered one of the injuries listed above or another kind of injury as a result of inadequate PPE, get in touch with our team today for expert advice on personal protective equipment claims.

Can you claim for poor PPE as a member of the public?

Yes, you can. All occupiers of premises need to make sure that no one comes to harm while visiting a certain area, for example, you need to be provided with hard hats if you’re visiting a place whereby there is a hazard of something possibly falling on your head. If this has not been provided, you can begin a personal protective equipment injury claim.

Determining the severity of your injury

Determining how severe your injuries is vital when making PPE claims. This includes both physical and psychological injuries and highlights why it is so important to see a medical professional. If you do not see a medical professional, you are going to seriously damage your chances of getting compensation. In fact, you will struggle to find any accident lawyers that will even take on your case. A visit to the doctor is vital, no matter how minor your injuries are, because the medical report will be the most crucial piece of evidence when it comes to making your claim. This will be used to determine how much compensation you will get for your personal protective equipment injury claim.

The long-lasting impact of inadequate PPE

The long-term impact of such claims can differ from person to person. Some people will make a full recovery; others will experience the effect of their injuries for the rest of their lives. This will be considered when determining what sort of payout you will receive.

If you’ve been injured because of inadequate PPE and are suffering from long term effects, get in touch with us today for details on personal protective equipment claims.

Gathering evidence for your inadequate protective equipment claim

If you’re looking for more details about the process of making personal protective equipment claims, this section will help. When it comes to making a personal injury claim, your fate will largely lie in the hands of your solicitor. Nevertheless, you still have a role to play in terms of your PPE claims succeeding. If you follow the tips below, you will give yourself the best chance of getting the full amount of compensation you deserve for your personal protective equipment injury claim.

  1. See a doctor– There is only one place to begin, and this is with seeing a medical professional. This is a step a lot of people bypass when they have suffered a minor injury, as they would rather cope with it themselves. However, if you do this, you are going to seriously damage your chances of getting compensation. The medical report is an imperative piece of evidence that needs to be used when determining how much money you will receive.
  2. Write down everything that happened– It is always a good idea to sit down and make a note of everything that occurred. This will guarantee that you don’t forget any vital details later down the line.
  3. Report the accident– In some instances, it can be necessary to report the accident. For example, if you’ve been involved in a workplace accident, you will need to report it to your employer and/or safety representative. By law, all employers must have an accident book and they will need to record the incident in this.
  4. Keep proof of expenses– It is vital to make sure you keep proof of expenses in order to claim for these. This can be anything from travel costs to treatment expenses to loss of income. You won’t be able to claim for these costs as special damages if you don’t have proof.
  5. Contact Accident Claims UK– We are among the UK’s leading law firms in the UK. We have many years of experience and an exceptional reputation. All of our solicitors work on a No Win, No Fee There is no one better to help you get the full amount of compensation you deserve when making your personal protective equipment injury claim.

What damages can I claim for inadequate protective equipment claim?

When it comes to PPE claims, the money you receive will be split into two parts. Firstly you have general damages, which will compensate you for your suffering. Secondly, you have special damages, which will compensate you for any out of pocket expenses you have experienced.

General Damages

Let’s begin with general damages. General damages are for the injuries you have suffered. The amount you receive will be calculated based on the severity of your injuries and the impact they are having on your everyday life. Needless to say, the more serious your injuries are the more compensation you will be awarded. This payout takes into account both physical and psychological injuries.

Special Damages

Special damages are designed to compensate you for any out of pocket expenses you have suffered because of your injuries, as well as any additional costs. Here are some common examples.

  • Treatment expenses
  • Cost of counselling
  • Loss of income
  • Travel costs
  • Childcare expenses
  • Repair costs

Ask yourself the following… Will I have experienced this cost if I hadn’t been injured? If the answer is no, then it counts as a special damage. Nevertheless, you will need to keep proof of these costs, so make sure you do not throw away your receipts and such like.

It is also important to note that in terms of securing all of the above, there is a three-year personal injury claims time limit, starting from the date of the accident. The only exception to this rule is for cases whereby the injury has developed over time, in which cause you would have three years from the date of your diagnosis instead.

If you’re wondering what can be included in PPE claims and how much compensation you could be owed, read on to find out more about making a personal protective equipment injury claim.

How much could I claim for when making an inadequate PPE claim? – Updated July 2021

It is important to recognise that all inadequate personal protective equipment claims are different, and, therefore, they are treated as such. The injuries you encounter and the impact they have had on your life may be completely different when compared to someone else who has been involved in such an accident. For this reason, providing you with an accurate figure regarding the compensation you will receive is impossible.

You may have even come across personal injury claims calculator tools online. However, please note that a personal injury calculator can only ever provide you with a very rough estimate. You should never pin your hopes on the payout it has calculated. The best thing to do is refer to the table below, where you can see the average payout for injuries that are common with these sorts of claims.

What type of injury have you suffered?Some extra notesThe average payout for this sort of injury
Moderate Back InjuriesDamage to the muscles and ligaments of the back, which will cause pain until healed.£11,730 to £36,390
Less Serious Wrist InjuriesSimple fractures and sprains that will heal in the short-term but leave the wrist immobile whilst healing.£11,820 to £22,990
Moderate Foot InjuriesSerious fractures that will leave the foot immobilised until healed.£12,900 to £23,460
Moderate Ankle InjuriesSimple fractures, and serious sprained which will heal fully.£12,900 to £24,950
Less Serious Hand InjuriesA crushed hand, with loss of function until healed.£13,570 to £27,220
Moderate Leg InjuriesSerious tendon damage, compound fractures and dislocation.£26,050 to £36,790
Serious Hand InjuriesInjuries that leave the hand with less than 50% functionality.£27,220 to £58,100
Severe Ankle InjuriesMultiple fractures, which will leave the foot immobilised for the medium-term.£29,380 to £46,980
Severe Arm InjuriesInjuries that will limit the use of the arm for the medium to long-term but will heal eventually.£18,020 to £36,770
Serious Arm FracturesMultiple fractures, with long-term reduced functionality of the arm.£36,770 to £56,180
Serious Leg InjuriesSerious or multiple fractures that will leave the leg immobile for the long-term.£36,790 to £51,460
Severe Foot InjuriesMultiple fractures with permanent affect on function and permanent pain.£39,390 to £65,710
Severe Neck InjuriesLong-term injuries that will have a permanent affect on a person life, either through reduced movement or constant pain.£42,680 to £139,210
Moderate Hand InjuriesDeep lacerations, which may require surgery to repair.£5,260 to £12,460

So there you have it: an insight into the different payout amounts that are usually awarded for some of the most common injuries sustained because of workplace accidents and inadequate PPE. If you cannot see the injury you have sustained in the table above, there is no need to panic – you can still make a claim. All you need to do is give us a call, and one of our team members will happily explain the sort of payout you could be looking at for your PPE claims.

No win no fee self inadequate protective equipment claim

There is a lot to consider when looking for the best accident lawyers. It can be a difficult process. After all, you need to make sure you choose the best personal injury lawyer for you. There are no second chances when it comes to making a claim.

Among the most important decisions you need to make is whether to have a No Win, No Fee solicitor or someone that charges by the hour. There really is only one winner. No Win, No Fee accident lawyers offer a much better solution and here are the reasons why…

Among the main advantages associated with No Win, No Fee solicitors over traditional solicitors is that you will minimise financial risk. If you go for a lawyer that charges by the hour there is always the worry that you are going to spend an extortionate sum of money only for your case to be unsuccessful. Is this something you can really afford to risk? Well, you don’t have to. If you go for a No Win, No Fee solicitor you will not pay any legal fees if your case is not triumphant. Not only this, but also you don’t have to pay an upfront sum in order to start the claim process.

The way this payment structure works leads to other benefits. You can be sure you will benefit from the highest level of quality if you go for a No Win, No Fee personal injury solicitor. After all, they are more impacted by the outcome of your claim, and so they are going to do everything in their power to ensure it is a success. Can you really be sure that a traditional solicitor is going to do this when they have already received their money no matter what? Also, a No Win, No Fee solicitor won’t waste your time. If they don’t think you have a very strong personal protective equipment injury claim, they will tell you.

Here at Accident Claims UK, all of our solicitors work on a No Win No Fee basis. We are one of the leading law firms in the UK and have an exceptional reputation. There is no one better to handle your PPE claims.

Why choose Accident Claims UK?

When it comes to inadequate personal protective equipment claims, you need to find a high-quality solicitor that is going to fight your corner and give you the best chance of securing the highest amount of compensation. This is exactly what Accident Claims UK can help you with. Read on to discover three reasons why we are the best option for anyone that needs a lawyer.

Experience– There is only one place to begin and this is with the extensive amount of experience we have in the industry. We were established many years ago, and since then we have spent our time helping thousands and thousands of personal injury victims to get the compensation they deserve. Because of this, you can be confident that we will have handled cases similar to yours many times before. After all, the last thing you want is to be someone’s practice project. That definitely will not be the case here.

No Win, No Fee– Aside from this, all of our accident lawyers work on a No Win, No Fee basis. This is extremely beneficial for you for a number of reasons. Firstly, if we do not win your case, you will not need to pay any legal fees. This ensures you are financially protected, whilst also guaranteeing that you benefit from the best possible service and that we will not waste your time, if we don’t think your case is strong we will tell you. Moreover, you do not need to pay huge sums upfront in order to start the claim process.

Reputation– Last but not least, all you need to do is take a look at the reviews that have been left by our previous customers to see that we have an excellent reputation in the industry. We have an exceptional reputation for securing the highest payouts for our clients.

How a solicitor could help with personal protective equipment claims

When you decide that you’d like to make an accident at work claim because inadequate PPE has caused you to suffer an injury, you will need ample evidence. It must be able to show how the accident took place, that your employer breached their duty of care and, as a result, you suffered an injury.

When you make such a claim, your employer won’t usually be involved much at all. That’s because they’ll hand the case over to their insurers. They’ll only compensate you if your employer admits liability from the start or because you have the evidence required to prove your case. That’s why we believe you should always have a personal injury solicitor on your side. They will work hard for you to try and make sure that you receive the maximum level of compensation for the suffering caused by unsuitable or missing PPE.

If your claim is taken on, one of our solicitors will conduct a review of your case, gather evidence and arrange for a local medical assessment of your injuries.  They’ll then act as the main point of contact during the claim so that you won’t have to discuss it with the insurance company or your employer.  You’ll get regular updates during the claim and your solicitor will be contactable should you have any questions.

If you would like us to conduct a free of charge case review today, why not get in touch? Any personal protective equipment claims that we take on will be processed on a No Win No Fee basis.

Contact our team today

If you are ready to make a personal protective equipment injury claim, or you have any queries about doing so, please do not hesitate to get in touch. Our personal injury claims line is open 24/7 on 0800 073 8801. You can also see the other ways to contact us about personal protective equipment claims/PPE claims via heading to our contact page.

 Personal protective equipment injury claims- FAQs

Will I have to pay for PPE? 

If you need PPE to do your job safely, and if your PPE is only used while you’re at work, then according to the Health and Safety at Work etc Act 1974, it’s illegal for your employer to charge you for it. This applies even if the money is a deposit that can be returned. If you leave without returning PPE without your employer’s permission, then they can deduct the cost of a replacement from any wages you’re owed, as long as this is specified in your contract.

Can I refuse to wear PPE?

There are some cases where you can refuse to wear PPE, but this doesn’t mean that you’re simply able to carry out your roles without protective equipment at all.

You can refuse to wear PPE that exacerbates a medical condition that you have, like an allergy to certain fabrics or skin conditions which make PPE irritating to wear. You can also refuse to wear ill-fitting PPE, as this in itself is a hazard that could cause you danger. Sikhs who wear turbans are exempt from wearing head protection on construction sites according to Appendix 2 of the Employment Act 1989, but they may still be required to wear other PPE like high-vis jackets and steel-toe boots.

If you’re unable to wear PPE for any reason listed above, then it’s the responsibility of your employer to rectify the issue. This might be by getting you PPE in alternative materials that don’t irritate you or getting you adequate PPE that fits properly. If they aren’t able to get you PPE that’s suitable for your needs, then you may be moved to another role that doesn’t require PPE.

What are the various types of PPE?

These include protection for the head sand scalp, the respiratory system, eyes, ears, hands and arms, feet and legs and the body as a whole.

When should PPE be used?

PPE is a necessity for hospital staff, as well as patients and visitors, whenever there is contact with blood, respiratory organs or bodily fluids.

Where should you wear PPE?

PPE is usually worn to cover the face, particularly the nose and mouth.

Does PPE have to be comfortable?

PPE should properly fit, otherwise it could compromise the wellbeing of the person wearing it.

What is the correct order to remove PPE?

You should remove the gloves first, then the apron/gown, followed by any eye protection and finally the surgical mask.

Can PPE fail?

The only way that PPE could fail is if it is damaged, previously worn or in some way unable to properly fit on the person wearing it.

Useful links

Working and had an accident? How to claim– This link takes you to our accident at work compensation claims guide.

Self-employed at work, can I claim?– Our guide to claiming compensation for an accident if you’re self-employed.

Building site compensation- If you’ve suffered from an accident at work on a building site, this guide could help you claim.

HSE- Information about PPE– This link takes you to the UK Government website where you will find more information on PPE regulations.

Construction (Head Protection) Regulations 1989– Government regulations around head protection in construction.

PPE providers– A gov.uk webpage listing local PPE providers.

Thank you for reading our guide on making a personal protective equipment injury claim. We hope that all your questions around personal protective equipment claims/PPE claims have been answered.