You can claim compensation if you have been injured due to inadequate protective equipment, if it can be proven that those responsible for your safety failed to comply with their statutory duties. In this article we look at how to make a successful claim.
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When people claim injury compensation after an accident involving inadequate protective equipment, it is usually an accident at work compensation claim. Such claims can arise from other areas too, for example, during public events and activities.
Employers and event organisers are legally obliged to assess the risks that their workplace or activity present. They must ensure that workers or participants are advised of the risks present and provided with (or required to wear) protective equipment.
Inadequate protective equipment compensation claims will succeed, and see the claimant obtain a compensation settlement, if it can be proven that an employer has been negligent and failed to comply with their statutory duties to provide the necessary protective equipment, or if an event organiser has not provided adequate safety equipment.
Commonly associated with inadequate protective equipment are crushing injuries, lacerations and burns. In more severe claims we see permanent consequences from the injuries, such limited mobility, scarring and psychological trauma.
The benefits of claiming compensation
If you have been injured as a result of inadequate protective equipment, claiming personal injury compensation can help ease some of the problems you’ll experience and help in a number of ways:
- It’s your legal right, and if successful will fairly compensate you for injuries that were not your fault.
- A successful claim could fund private medical treatment and rehabilitation therapies to speed your recovery.
- It can help you recover any lost income now and in the future if you are prevented from working again.
- In the case of a fatal accident, loved ones can claim compensation for their loss.
As all claims are made on a No Win No Fee basis, you will never be charged if your claim does not succeed. A successful claim will lead to a compensation settlement being made to you, with the value of the claim including any lost income and incurred costs as well as a settlement for the injuries and medical treatment that you have sustained.
In what circumstances you can claim
In the majority of cases, inadequate protective equipment claims will relate to an injury suffered at work. In such cases, a claim will succeed if employer negligence can be proved. This would include a lack of enforcement, or provision of protective equipment, or allowing use of the wrong equipment. It could be that an employer has failed to provide gloves, hard hats or re-enforced footwear, for example. All workers, whether temporary or permanent, have the same right to a safe working environment and legal entitlements following an injury.
Employers must ensure:
- That staff are provided with adequate personal protective equipment (PPE) or made aware they need to provide their own PPE.
- That any protective equipment provided is of sound working order and fit for purpose, by way of regular servicing and repair of the same.
- That any tools or machinery that are faulty are removed from use and only returned to active service once fully repaired.
Common scenarios of inadequate protective equipment claims include:
- Workers suffering head injuries due to a lack of hard hat provision
- Lacerations to the hands and fingers because of a lack of gloves
- Crushing injuries to the feet and toes due to a lack of protective footwear
- Chemical burn injuries
- Respiratory damage or skin irritations such as industrial dermatitis through a lack of protective equipment for the safe handling of dangerous chemicals
How Direct2Compensation can help
As with all claims, it is important to make sure that the details of your accident have been recorded properly within an accident book, and that medical attention is sought for any injuries that you have sustained. If you haven’t done this already, we can help you to do so.
At Direct2Compensation we can evaluate whether you were injured because of inadequate protective equipment. We know your rights, and can help you to understand whether the specifics of your accident mean you can successfully claim injury compensation.
Direct2Compensation work with some of the best expert injury compensation solicitors in the UK. With our easy to understand claims process and ability to handle your claim quickly, simply and transparently, there are many reasons that make us the right choice when it comes to starting your claim.
To find out a little bit more about the claims process and how we can help, start your claim online or request a call back, and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.