Personal Protection Equipment (PPE) Compensation Claims.

Personal protective equipment (PPE) is any kind of equipment or clothing worn by workers to safeguard their health and safety whilst performing work-related tasks. PPE is essential when risks to staff cannot be mitigated through other means. Employees across various industries are required to wear PPE, which includes things such as safety helmets, safety glasses, safety boots, high visibility clothing, overalls, gloves, ear defenders, and masks or respiratory equipment.

Injuries caused by the lack of PPE can vary widely depending on the workplace environment and the type of hazard present. Common injuries include:

• Physical injuries such as cuts, lacerations, fractures, burns, and head injuries
• Respiratory issues like lung damage and respiratory infections
• Eye injuries such as corneal abrasions, chemical burns, and vision loss
• Hearing damage including hearing loss and tinnitus
• Skin conditions like contact dermatitis and chemical burns
• Musculoskeletal injuries such as repetitive strain injuries and back injuries
• Infectious diseases from exposure to biological hazards
• Psychological injuries such as post-traumatic stress disorder, anxiety, stress, and depression brought about by the incident.

The primary responsibility for providing PPE rests with the employer. Employers are legally obligated to conduct thorough risk assessments to identify potential hazards and determine the PPE necessary for the safe undertaking of the particular work. Employers are also responsible for supplying the appropriate PPE, training employees on the proper use, maintenance, and storage of PPE, ensuring that the protective equipment is kept in good condition and replaced when necessary. They must also enforce the use of PPE and ensure compliance with health and safety regulations. While the main duty lies with the employer, employees also have responsibilities, such as using PPE correctly, reporting any issues with the equipment promptly, and helping to maintain it according to provided guidelines.

In England and Wales, PPE in the workplace is governed by several key pieces of legislation:

• The Health and Safety at Work Act 1974 establishes the employer’s general duty to ensure employee safety, setting the framework for subsequent PPE regulations.
• The Personal Protective Equipment at Work Regulations 1992 specifically mandate that employers provide, maintain, and train employees in the use of PPE.
• The Control of Substances Hazardous to Health (COSHH) Regulations 2002 require PPE for handling hazardous substances,
• The Manual Handling Operations Regulations 1992 addresses PPE for manual handling.
• The Work at Height Regulations 2005 addresses PPE for working at height.
• The Provision and Use of Work Equipment Regulations 1998 (PUWER) requires that equipment provided for use at work is suitable, safe, maintained, inspected, and used only by people who have received adequate training.
• Regulation, Evaluation, Authorization, and Restriction of Chemicals (REACH) influences PPE requirements for equipment and chemical exposure.

Collectively, these laws ensure that employers provide appropriate PPE, maintain it properly, and train employees, thereby safeguarding against workplace hazards.

Yes, it is possible to claim compensation even if you were partially to blame for your injury. In England and Wales, the principle of contributory negligence allows for compensation, though it may be reduced based on your degree of fault. For instance, if it is deemed that you are 20 per cent responsible, your compensation may be reduced by 20 per cent. For your claim to be successful you must show that your employer was primarily at fault due to inadequate PPE or unsafe working conditions.

To support a compensation claim for a lack of PPE or unsafe working conditions, you need to gather various types of evidence. This includes an incident report and a detailed account of the accident, medical records, invoices, and expert opinions on your injuries. Witness statements, including contact information, can also provide crucial evidence. Documenting the provision of PPE through inventory records and training proofs, along with safety records and policies, is important; and photographic and video evidence of the accident scene, any unsafe working conditions, as well as employment records and correspondence with your employer, should be collected. Expert safety reports and evidence of financial impact, such as lost wages and additional costs incurred, further strengthen your case. Consulting a personal injury solicitor can help ensure you gather the right evidence and navigate the claims process effectively.

After an injury, you should notify your employer and ensure the injury is documented, as well as seeking medical attention. Ensure that you get a copy of any medical reports to use as evidence, and collect other evidence such as photos of the injury and scene of the accident, and any witness statements that can help your case. It is also important to consult a personal injury solicitor at your earliest convenience to get things moving with regards to your compensation.

Yes, as a temporary or part-time worker, you are entitled to the same protections as full-time and permanent employees and can claim compensation if you are injured due to a lack of PPE. In England and Wales, employers are legally obligated to provide a safe working environment for all their employees, regardless of their employment status. This includes providing adequate PPE to protect against workplace hazards.

In England and Wales, it is unlawful for an employer to discipline an employee for making a legitimate compensation claim related to workplace injury or unsafe conditions. Legal protections under the Employment Rights Act 1996, the Health and Safety at Work Act 1974, and the Public Interest Disclosure Act 1998 (PIDA) ensure employees cannot be penalised for asserting their rights or reporting health and safety issues. If you face retaliation, it is crucial to document everything and seek advice from a legal professional or trade union to safeguard your rights and address any unfair treatment.