Inadequate Protective Equipment Compensation Claims

10

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.

Table of contents

Introduction

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.

10 questions have been answered below, why not ask your own?

  1. I started at a factory a few weeks ago. They didn’t have gloves small enough for me, so they gave me the smallest they had. Then my glove got pulled into the machine, fracturing my fingertip and requiring 8 stitches. But I’m new here, on probation/temp until August. I don’t want to lose my job. What do I do?

    • Whether or not you are new to the job and on probation, you are afforded the same health and safety rights as any other worker. If your employer has put you at risk of injury by failing to provide you with the correct personal protective equipment (PPE) as would appear to be the case here with regards to you being given gloves that were not the correct size for you, you have the right to make a claim for compensation.

      You should definitely make sure that the details of your accident are recorded within your employers accident book so that there is a record of the accident and relevant evidence to support your claim – should you make one in the future.

      Given your concerns about your temporary position until August, you could always do what many of our clients do – and that is to speak to us so that we can make a record of the claim details and at least let you speak with a qualified specialist personal injury Solicitor. If they were to then wish to pursue your claim, you could request that the claim was set aside until your probationary period had expired. Remember, no Solicitor could start action on your claim without your signed instructions and authority to do so.

      Why not contact us so that we can speak to you further about this? You’ve had a nasty injury that will leave a scar and probably affect your dexterity and grip strength. Therefore, claiming compensation for this would be fair and reasonable.

    • If an employer fails to provide a worker with the required Personal Protective Equipment (PPE), or fails to ensure that such protective equipment is worn by all people on site, they are guilty of employer negligence if there is then an accident and injuries are sustained. In such cases, the employer would most likely lose should anyone then pursue a claim for accident at work compensation.

  2. i have been told by the HSE that i have been using lead paint for 3 years with not the right breathing mask or correct ventilation my employee was issued with 3 prohibition notices but still use lead paint,the HSE advised me to see my GP to check skin inhalation and my breathing,he bullies me and the other staff,i.my dad informed the HSE as he was worried about my health

    • Adam

      Your employer has clearly been guilty of negligence here and is playing a dangerous game with your well-being and health. Have you now seen your GP regarding the issue? Get in touch with us so that we can put you in touch with one of our specialist Industrial Injuries Solicitors. We can give you some advice as to your rights here and whether you can claim compensation.

      • I am going to book with my gp as it has taken 6 weeks for my employer to act on this. He has now changed the paint to lead free. Do i still have a claim.

        • Adam

          You are doing the right thing in terms of seeing your GP. Make sure you inform the GP in full as to what has happened and what materials your employer has been getting you to work with.

          I would suggest that when you have seen your GP and been given advice as to what, if any, health problems the lead paint etc has caused, that you return to me. We can then investigate further with regards to a claim for compensation for you.

          • So if theres no damage caused to my health then theres no claim? I feel the 3 years he has neglected my health is worth something. I am not a sprayer by trade i was put on the job and left on it as i was good from the off. So had no clue as to what paints etc i was using i just did as i was instructed.

          • Adam

            You may well have a viable claim, but it is impossible to advise on the prospects without knowing what injuries/health problems you have suffered as a result.

            The most likely damage/injury risk to you from using lead paint without the correct breathing apparatus will be respiratory diseases, but there is also a risk of more sinister illnesses such as cancers too. With this in mind, there is reasonable likelihood that you will be suffering from stress and anxiety of the worry of what potential injury or illness could materialise in the future. You should discuss any relevant aspect of psychological injury with your GP as they may be willing to provide assistance to you with this regard. Remember, you can claim compensation for psychological injuries as well as physical injury.

            If there is no injury confirmed by a Doctor, it is unlikely that you will be able to pursue a claim against the employer. In that case, there is no damage or loss to claim against them for. Although they have placed you at risk and acted negligently, there is no avenue for compensation for such a situation. If you are not injured, but the employer has flouted Health & Safety law, you should report them to the Health and Safety Executive and they can face punishment or censure from them.

            However, with the risk of an illness developing in the future as a result of your exposure to harmful substances like lead paints, it is worth remembering that you can still pursue a claim in the future. The claim limitation period rules that give you 3-years in which you can pursue a claim for compensation starts on the date of an accident, or in your case, on the date of diagnosis of an industrial injury/illness.

            Please contact me when you have spoken to your GP and I’ll be able to offer you more precise advice.

Leave a question

Your email address will not be published, but your name will, so feel free to just use your first name.

Direct2Compensation Personal Injury Claims

Speak with a claims expert

We're happy to answer any questions you might have, or let you know if you are eligible to claim. Just fill out the form below. You can also call us on 01225 430285.