PPE Claims

If you have suffered an injury at work that was caused by faulty or inadequate personal protective equipment (PPE), we can help. JMW Solicitors has decades of experience in helping individuals to make PPE claims due to the negligence of their employer.

Our award-winning personal injury solicitors are renowned for their practical and pragmatic approach to legal advice, and we will guide you through the entire process, ensuring you have the advice you need every step of the way.

Speak to our expert solicitors today about your PPE compensation claim by calling 0345 872 6666 or completing our online enquiry form and we will be in touch at a time that is suitable for you.

Why Choose JMW

We understand that workplace safety should always be a priority, so when improper or inadequate personal protective equipment leads to an injury, you deserve answers.

The specialist personal injury solicitors at JMW have years of experience in securing compensation for people who have been harmed due to an employer's failure to provide suitable PPE or maintain a safe working environment.

What Is Personal Protective Equipment?

Personal protective equipment refers to any equipment or clothing designed to protect workers from health and safety risks in the workplace. PPE can include a wide range of items, such as safety helmets, gloves, safety glasses, earplugs, respirators, high-visibility vests and steel-toed boots. The primary purpose of PPE is to reduce the risk of injury or illness by providing a barrier between the worker and the hazard.

PPE plays a crucial role in maintaining a safe working environment. It helps to prevent injuries and illnesses by protecting workers from various hazards, including physical, chemical, biological, and ergonomic risks. Employers have a legal duty to provide adequate PPE to their employees, and employees have a responsibility to use the PPE provided to them. The importance of PPE in the workplace cannot be overstated, as it can mean the difference between life and death in some cases. Supervising the provision and proper use of adequate PPE is essential for employers who wish to safeguard the health and wellbeing of all employees.

How JMW Can Help You Make a Personal Protective Equipment Claim

If your employer did not provide you with suitable PPE for the work you were carrying out and you suffered from an accident or injury as a result, JMW Solicitors can provide the advice you need to help you to secure the compensation you deserve.

No matter how your workplace accident was sustained, if a lack of suitable PPE meant that you suffered an injury in your place of work, we can help you to claim compensation. Any compensation secured will help to cover the time you have required off work due to your injury, the emotional distress you have endured, along with the cost of medical care, medical expenses, and transport.

Who Is Responsible for Providing PPE?

Employers have the primary responsibility to provide PPE when it is required to uphold the health and safety of their employees or others in their workplace. This responsibility is outlined under the Personal Protective Equipment Regulations.

It is crucial for employers to provide adequate and suitable safety equipment to protect employees from various workplace hazards.

Key responsibilities for employers:

1. Provision of PPE: employers must provide PPE and suitable safety equipment to employees at no cost when risks in the workplace cannot be controlled by other means.
2. Assessment of needs: employers must carry out a risk assessment to identify potential hazards and determine whether PPE is necessary.
3. Suitability of PPE: employers must issue PPE that is suitable for the task, fits the individual correctly, and is appropriate for the risks present.
4. Training and instructions: employers must provide clear instructions and training on the correct use, maintenance, and storage of PPE.
5. Maintenance and replacement: employers are responsible for  maintaining, cleaning, and replacing PPE as needed to remain effective.
6. Non-employees: employers may also have a duty to provide PPE to other individuals, such as contractors, working under their control.

Responsibilities for employees:

1. Proper use: employees must use PPE as instructed and wear it correctly.
2. Reporting issues: employees must report any defects, damage, or issues with the PPE to their employer.
3. Care of PPE: employees must take reasonable care of the PPE provided and not misuse it.

Employers failing to meet the responsibilities listed above can be held liable under health and safety legislation. If you believe inadequate PPE has contributed to an injury, it’s essential to seek legal advice to explore your options.

What Constitutes Inadequate PPE?

Inadequate PPE refers to equipment that fails to properly protect individuals from workplace risks due to its condition, suitability, or availability.

• Incorrect type: PPE that does not match the specific hazards of the task or environment.
• Poor fit: equipment that is too loose, tight, or otherwise ill-fitting, compromising its effectiveness.
• Damaged or worn-out: PPE that is broken, degraded, or no longer functional.
• Lack of maintenance: PPE that has not been cleaned, inspected, or repaired as needed.
• Insufficient availability: failing to provide enough PPE for all individuals requiring protection.

Liability for PPE Claims

Liability for PPE claims can arise from various parties, including employers, manufacturers, and other liable parties.

Employer Liability for Inadequate PPE

Employers have a legal duty to provide adequate PPE to their employees. If an employer fails to provide adequate PPE, they may be liable for any injuries or illnesses that result from this failure. Employers must conduct a risk assessment to identify the hazards in the workplace and provide PPE that is suitable for the task and the environment. Employers must also ensure that the PPE is properly maintained, stored, and used by employees. Failure to meet these obligations can result in an inadequate PPE claim, holding the employer accountable for any resulting personal injury.

Manufacturer Liability for Defective PPE

Manufacturers of PPE have a responsibility to supply products that are safe and effective. If a manufacturer produces defective PPE, they may be liable for any injuries or illnesses that result from the use of their product. Manufacturers must comply with relevant health and safety regulations and standards, such as the Personal Protective Equipment Regulations. When PPE fails due to manufacturing defects, affected individuals may pursue personal injury claims against the manufacturer to seek compensation for their injuries.

Other Liable Parties

Other parties may also be liable for PPE claims, such as suppliers, distributors, and contractors. These parties may be liable if they fail to provide adequate PPE or if they provide defective PPE. In some cases, multiple parties may be liable for a PPE claim, and the court may apportion liability among them. Understanding the roles and responsibilities of all parties involved is crucial in determining liability and ensuring that those affected by inadequate or defective PPE receive the compensation they deserve.

How Much Can I Claim for an Injury Caused by PPE?

The amount of compensation you will receive will depend on the type of injury you have suffered and the extent of your injuries. It will also be influenced by the impact of the incident on your life, and any financial losses you’ve suffered as a result.

The figures below provide a rough guide of how much you might be able to claim for an injury caused by personal protective equipment, based on the Judicial College Injury Tables. For a more accurate calculation of how much you could be able to claim, based on the specifics of your case, get in touch with the team at JMW today. We can give you a precise estimate that takes into account all of the details about your injury and circumstances.

Claiming compensation can help to reduce the stress and suffering you’ve felt as a result of your injury by covering any costs you incurred when making necessary changes to your life and allowing you to focus on your recovery. The amount of compensation you receive can be used for the following:

• Rehabilitation
• Full or part-time care
• Ongoing medical treatment and surgery costs
• Access to medical treatment not available on the NHS
• Specialist equipment required for daily living
• Transport and travel arrangements required as a result of the injury
• Loss of earnings
• Special education needs
• Medical expenses

It’s important to speak to a solicitor for a more precise idea of exactly how much compensation you’ll be able to claim, as the details of your case will impact the amount you’ll receive.

Will I Have to Claim Against My Employer?

Your employer has a legal responsibility to keep members of staff safe while carrying out their duties. This includes conforming to regulations laid out by the Health and Safety Executive (HSE), as well as holding an insurance policy in case an accident happens.

PPE regulations clearly outline an employer’s responsibilities towards their workers. The act states that:

• Employers cannot consider PPE as primary protection. They must first put measures in place to remove all potential risks from the workplace. PPE should only provide employees with additional protection.
• PPE is not the responsibility of the employee.
• The necessary equipment must be provided and paid for by the employer.
• PPE must be the right size for the wearer.
• All employees should be provided with adequate instructions and training on the right way to use and care for the PPE.
• Regular checks should be carried out to confirm PPE is not defective or damaged.
• All PPE must be stored properly to prevent damage or premature deterioration.

If an employer fails to meet any of these requirements and you have sustained an injury as a result, you may be entitled to claim personal protective equipment compensation. Whatever the reason for the incident, your employer would be considered negligent and is liable to pay you compensation. Contact a solicitor if you think your employer’s negligence has caused you to suffer an accident.