Injured at Work due to no PPE being provided?
All kind of jobs have a variety of dangers and for many roles, Personal Protective Equipment, or PPE, is needed to keep you safe.
PPE covers all sorts of items from the obvious, like hard-hats on building sites to the more specialised respirators, for paint sprayers. If there is a risk involved in your job and a piece of PPE can reduce that risk, it is your employer’s duty to provide it. So, if you sustain an injury whilst at work and you believe you should have been given a piece of equipment that you didn’t have, contact MG Legal and speak to our specialist personal injury solicitors. MG Legal act for all PPE personal injury compensation claims on a No Win No Fee Basis.
Why is PPE important?
Many jobs have an element of risk and so, injuries are more likely to happen, which means PPE is also used to eliminate, or at least reduce the chance of injuries. Research has produced some incredible statistics around workplace accidents and PPE, with 9% of all workplace injuries classed as head injuries and 25% involving hands and fingers. Of those head injuries, 84% were not wearing head protection. As many as 50% of construction workers will suffer a “serious eye injury” during their career, with the risk of these injuries reduced by 90% with the use of proper safety eyewear. The chance of hand injuries is reduced by around 60% just by wearing appropriate gloves. The most dramatic reduction in injuries is with ear defenders, with 99% of noise induced hearing loss being preventable by the use of proper ear defenders.
With these statistics, it is no wonder that the Personal Protective Equipment Regulation 2002 made were brought into force. Quite simply, if your employer does not give you the proper PPE, fit for purpose, then they can have no excuse if you are injured as a result of this lack of PPE. In that situation, you are entitled to make a claim for personal injury compensation which including any related losses such as lost earnings, treatment costs and care costs.
What type of PPE should I be given?
PPE covers more than just hard-hats and ear defenders and does not cover certain items, such as food hygiene equipment, standard uniforms, public travel protection (such as motorcycle helmets) and offensive self-defence items (such as CS gas or truncheons). More usual items of PPE you might see are:
• Head protection such as a hard-hat; which can offer vital, sometimes life-saving
protection from falling objects or machinery moving items at or above head height.
• Eye protection such as goggles or safety glasses; which offer protection in a
variety of work environments from dust, debris or chemicals.
• Ear protection such as ear defenders or plugs; these help to protect you,
particularly over the course of time, from noise-induced hearing loss. Any job
that regularly exposes you to noise of 85 Decibels or higher should offer you ear
• Hand protection such as gloves; like eye protection, these offer a variety of
protection from cuts and abrasions, lacerations whilst working with sharp items,
chemicals or extremes of heat or cold
• Foot protection such as boots or shoes; a variety of hazards can be avoided with
proper footwear such as their having slip-resistant soles for wet, icy or otherwise
slippery work-surfaces, rubber soles for those working with or near electrics, steel
toes to protect from crush injuries, solid construction to protect from penetration or
laceration and also ankle support that helps prevent muscular injuries.
• Floatation devices such as life jackets; for any job working near deep or running
• Masks; such as are currently being used by people globally for protection against
Covid-19 but more routinely for those in the medical or care professions
The above list is not exhaustive and so, if you believe you have suffered a personal injury at work due to a lack of PPE not listed above, please do get in touch with one of our specialist personal injury solicitors and we will be happy to discuss your case.
What if there was PPE but I did not know about it?
It is your employer’s job to make you aware of the availability of PPE and so if you have not been told to wear an item of PPE, or if you did not know it was available but still asked to perform your job, you can make a lack of PPE personal injury claim against your employer, through their employer’s liability insurance.
There is a long-standing piece of Case-Law in the form of Christmas v General Cleaning Contractors, a 1953 House of Lords decision, wherein Mr Christmas, a window cleaner of 20 years experience, was successful in a claim against his employer because it is for the employer to tell the employee of risks and how to manage them. This case was cited most recently in 2009 in the case of Ammah V Kuehne & Nagel Logistics and so it is still seen as a valid authority today- in short, your employer must tell you what PPE to use, where to find it and how to use it. Should they not do so, you can likely bring a claim for lack of PPE personal injury against your employer. Contact one of our specialist solicitors for a straight-to-the-point discussion about your claim and we will look to take your claim on a no win no fee basis straight away.
IS PPE “one size fits all”?
It is most certainly not; PPE must be fit for purpose in every way, both in terms of literal size and it’s suitability for protection against a specific hazard. Each task in the workplace must be risk assessed and each person must then be provided with the right type and size of PPE. Gloves, for example, must be both a variety of sizes and suitable for the job at hand. If a role requires two employees of differing size to wear cut proof gloves, the gloves provided must be in two suitable sizes and both sizes must be cut proof. The duty on your employer is absolute, it is their responsibility to give you the right type and size of PPE you need. If this does not happen and you sustain an injury, you can make a lack of PPE personal injury claim against your employer. MG Legal will be happy to help you do so on a no win no fee basis at no financial risk to yourself.
What type of losses can you claim in a lack of PPE personal injury claim?
As with any personal injury claim, you are entitled to include a claim for personal injury compensation arising from your injuries themselves, plus a claim for Special Damages, which covers any financial losses or out of pocket expenses you may have.
These losses can include:
• Lost Earnings
• Medication Costs
• Rehabilitation Costs such as physiotherapy
• Travel Expenses
• Care Costs should you need someone to look after you or perform tasks you would usually have done yourself
• Future Treatment Costs
Throughout the case and prior to settling your claim, your specialist solicitor will discuss these losses with you to ensure that all losses have been accounted for and included in the lack of PPE personal injury claim settlement. Rest assured, MG Legal are a safe pair of hands and we always ensure that when your claim settles, you receive the maximum amount of compensation possible.
How long do I have to make a claim for a Personal Injury?
Subject to the Limitation Act 1980, if you have suffered personal injury at work, you have three years to pursue a claim for compensation. There are exceptions, for those under 18 years old at time of the injury, in that minors have three years from their 18th birthday within which to make a personal injury claim. Time limits may differ if you are acting on behalf of someone with limited mental capacity, if you are acting as guardian or subject a lasting power of attorney. If you have any questions or queries, then please do not hesitate to contact one of MG Legal’s personal injury experts.
What evidence do I need for a lack of PPE personal injury claim?
Following the incident, if your injuries permit, try to take a few photographs of the workplace and the cause of your injuries. Ensure that you make others, including your supervisor or line manager aware of the incident prior to leaving the site and complete any accident book entries as accurately as you are able. Make a note of any witnesses and take the details of any who saw the incident or any events leading up to it.
We always recommend that you put your health first and so, if in any doubt about your injuries, visit your local Hospital or GP to obtain advice and treatment.
Cooperate with any investigation your employer, or Health & Safety Executive makes, and ask for a copy of any documentation they produce. All of the above will help, but if you are unable to obtain some or all of this information it does not prevent you from making a claim, as your personal injury solicitor at MG Legal, can often request copies of documents from your employer or doctor. Above all, keep a clear account of what occurred, writing it down if necessary, so that when speaking to your specialist solicitor, they are able to provide you with the most accurate advice and set out your claim to your employer in the strongest possible terms.
Why choose MG Legal for my lack of PPE personal injury claim?
MG Legal are personal injury specialist solicitors and we have a success rate of more than 99% for settling claims in our injured clients' favour. We accept all claims on a no win no fee basis meaning there is no financial risk to you in making the claim. At MG Legal we combine expert advice and highly professional, effective representation with strong focus on being approachable and ‘no nonsense’ with our clients, to ensure you feel confident in our representation and understand the position of your claim at every step.