Dangerous working conditions often require workers to use some form of safety equipment. Equipment which protects against accident in the workplace risks is often referred to as Personal Protective Equipment (PPE).

Personal Protective Equipment (PPE) is a blanket term covering specialist equipment which you have to wear in the workplace in order to protect yourself from injury. Here at Truth Legal we handle inadequate PPE claims for people who have been let down by their employers and suffered an injury as a result.

Every employer has a duty of care to keep their employees safe. Part of this duty of care involves supplying the right PPE for specific tasks, making sure that all PPE is properly maintained and fit for purpose, and ensuring that employees using PPE have been trained in how to use it .

Even if all other safety measures –such as risk assessments, training and careful planning – are in place, there are still occasions when you’ll need PPE at work to protect you from injury caused by things such as:

• Inhaling mist, gas, fumes or dust
• Being hit by falling materials
• Getting splashed in the eyes by corrosive or irritating liquid
• Your skin coming into contact with irritating or corrosive materials
• Being impacted by exposure to excessive noise and/or vibrations
• Being exposed to extremes of heat or cold

The COVID-19 pandemic was a period during which the importance of the right PPE for workers became clearer than it’s ever been, as did the risks of getting things wrong. Although the worst of the pandemic might now be over, the right to work safely is as important as ever, something which is emphasised by the relevant employment law.

If you’ve been injured at work because your employer failed to provide the right PPE, then you may be able to make a claim for compensation. Contact our PPE compensation claim solicitors for a free 30 minute consultation, after which we’ll explain whether it sounds as if your employer has been negligent in a way which led to your injury.

If this is the case, we’ll work with you to try and get the compensation you deserve. Being injured while you’re just trying to get on with your job can be emotionally upsetting, and we’ll provide support and empathy as well as legal expertise, as we help you put your life back together again.

No Win No Fee PPE Claims Explained

We pursue our clients’ inadequate PPE claims on a no win no fee basis, because we don’t want anyone to be put off seeking the compensation they deserve by concerns about the cost. Under no win no fee you pay nothing at all up-front, and get to keep the majority of any compensation you’re awarded.

In the event of your claim being successful, your Truth Legal solicitor will be paid a ‘success fee’ from the compensation you’ve been awarded, and your legal fees, save the premium for any ‘After the Event’ (ATE) insurance policy taken out by you, should be paid by the party responsible for your injury .

In the rare case of a claim being unsuccessful, you could be responsible for the legal expenses of the other parties. This risk is covered by ‘After The Event’ (ATE) insurance. Your existing home or car insurance may even include insurance of this kind.

Even if you have to cover any shortfall in your legal costs after the other parties have paid what they’ve been asked to pay, you’ll still end up keeping hold of the majority of your compensation. Anything you do have to pay will only be due after the compensation payment has been made, so at no point will you be out of pocket.

What is Personal Protective Equipment (PPE)?

In simple terms, PPE is any equipment which helps to protect you from injury while you’re going about your job. Examples of PPE that an employee is legally obliged to provide include the following:

• Hard hats or helmets to protect from falling objects
• Eye protection such as goggles, visors or glasses to protect the eyes from foreign objects
• Gloves to protect the hands from corrosive materials and lower the risk of crush injuries
• Protective clothing to cover parts of the body which are at risk of being hit, splashed with corrosive materials or crushed
• Protective footwear such as steel to capped boots to protect the feet from crush injuries
• Breathing apparatus such as respirators or face masks to stop you breathing in dangerous substances
• Safety harnesses when working at height

Other types of specialist PPE might be required for specifics tasks. If you’re working outdoors in winter, for example, PPE will be needed to protect you from the dangerous effects of excessive cold.

If your employer asks you to perform a task – such as operating a forklift – without providing the PPE you need, or providing PPE which isn’t fit for purpose, then they may have been negligent. If this negligence leads to you becoming injured, then you may be able to make a claim for compensation. Fill in our contact form and we’ll aim to be in touch within 24 hours, so a member of our team can explain exactly how the PPE claim process works in the UK.

Employer Responsibilities for Providing PPE

Every employer has a general duty of care towards you as their employee. This means that, under the Health and Safety at Work Act 1974, they need to do things such as:

• Carry out a thorough risk assessment of any work being done
• Provide adequate training to use any equipment and manage the risks of doing so
• Provide you with PPE which is intended for the particular task and is fit for purpose
• Ensure that all equipment used is maintained as stipulated by the manufacturer
• Work to create a safe working environment at all times

Although the Health and Safety at Work Act 1974 mentions PPE, inadequate PPE claims will also reference the Personal Protective Equipment at Work Regulations 1992. The fact that specific PPE legislation is in place underlines just how important PPE in the workplace is. The law states that employer responsibilities around PPE begin with only using it as a last resort.

Using PPE as a last resort means that your employer has a duty to do everything they can to remove the risks from the work being done. Sometimes, of course – i.e. when working in industries such as construction, or with heavy plant and machinery – it is impossible to eliminate risk entirely. If this is the case, your employer has to make sure that any PPE you use is:

• Provided and paid for by them – you should never be expected to provide your own PPE in the workplace
• Stored and maintained correctly in order to avoid damage and checked for wear and tear
• Suitable for the work being done. This means that the PPE must be chosen to protect you from the risks identified, and needs to fit you properly and meet safety standards.
• Compatible with any other safety equipment being used
• Used in the correct manner. This means that you need to be properly trained in the correct use of the PPE your employer provides you with.  The Health and Safety Executive (HSE) also states that any PPE provided by your employer needs to meet strict supply and quality standards.

How much are PPE Claims worth?

Compensation for any inadequate PPE claims is made up of general damages and special damages. The general damages are the amount which you will be awarded on the basis of the pain and distress caused by your injuries, as well as the impact they have on your ability to live your life as you did before.

We’ll estimate the general damages we think you’re likely to receive on the basis of our experience, and by referring to a publication called the Judicial College Guidelines (JCG). This publication sets out the amounts which ought to be awarded for specific types of injury. The amounts are then broken down by specific body part and how severe the injury in question is.

Examples in the latest edition of the JCG include:

• Fractured forearm – £8,060 – £23,430
• Head injury, ranging from minor to very severe – £2,690 – £493,000
• Serious foot injury – £30,500 to £47,840
• Severe back injury – £111,150 to £196,450

In addition to the nature and type of any physical injury, general damages will take into account the psychological impact of your accident. This might include Post Traumatic Stress Disorder (PTSD) which means you are not able to live your life as fully as you previously were.

General damages will also be calculated on the basis of how long it is likely to take you to recover from your injuries – if a full recovery is possible – and something called loss of amenity. This phrase is used to describe the degree to which your injuries have left you unable to live your life – personal as well as working – in the same way as you used to.

Special damages, on the other hand, are awarded to directly compensate you for the financial impact of the accident and your injuries. The types of expenses covered by special damages include:

• Loss of earnings if the PPE negligence of your employer left you unable to work or only able to earn less than you did before
• The cost of any medical treatment you have to pay for as a result of your injuries
• The cost of any practical adjustments which need to be made to your home or vehicles as a result of your injuries. Examples might include fitting grab rails around your house or adapting the steering of your car.
• The direct costs of mobility aids required because of your injuries, from crutches or a wheelchair up to a mobility scooter
• The cost of any childcare required following your accident
• The direct cost of any care which you have to buy-in as a result of your injuries
• The costs of travel to and from any medical appointments you have to attend

In short, any money which you only have to spend because the accident happened and left you with injuries could be included within special damages.

Am I Eligible for an Inadequate PPE Compensation Claim?

All inadequate PPE claims are unique, but they are all based on the same strict criteria:

1. Your employer was negligent in terms of their duty of care by failing to provide PPE that was fit for purpose
2. As a result of this failure, an accident happened
3. That accident led to you suffering an injury

If you get in touch with our PPE compensation claim solicitors, we’ll listen to the details of your case and explain whether you have strong grounds to make a claim for compensation. If we think you do, then we’ll set about building the strongest possible case, working on a no win no fee basis.

The accidents which lead to inadequate PPE claims can often be serious, and cause injuries which will impact you for many years to come, if not the rest of your life. Examples of typical workplace injuries which might lead to inadequate PPE claims include the following:

• Falling from scaffolding and suffering head or back injuries because your employer failed to provide you with a safety harness
• Receiving a diagnosis of contact dermatitis after being asked to work with irritating substances without being provided with latex gloves
• Suffering crush injuries to your toes after heavy objects dropped onto your feet and your employer had failed to provide you with protective footwear such as steel toe capped boots
• Receiving a diagnosis of Chronic Obstructive Pulmonary Disease (COPD) after being exposed to dust or irritants which you breathed in because your employer didn’t provide a face mask
• A serious head or brain injury caused by being hit on the head by falling objects without the protection of a hard hat or other protective headgear

If you’ve suffered any kind of injury which you think could have been avoided if your employer had provided you with the right PPE and trained you in how to use that PPE then contact us as soon as possible to access expert inadequate PPE legal advice.

Common Injuries Caused by Inadequate PPE

Inadequate PPE claims can revolve around every type of workplace accident imaginable. Our no win no fee PPE lawyers are used to dealing with particular types of injury, however, and amongst the most common to feature in inadequate PPE claims are the following injuries:

• Broken bones
• Head injuries
• Cuts, scarring and bruising to soft tissue
• Hearing loss or long-term tinnitus
• Burns
• Eye injuries up to and including sight loss
• Respiratory illnesses such as occupational asthma

The injuries in question could range in seriousness from fairly minor skin irritation which is quickly treated to life-changing loss of mobility or even amputations or severe brain injuries. Although the severity of your injury will impact the amount of compensation you could be awarded, the basic principle of negligence is always the same – you deserve to work as safely as possible, and if your employer didn’t make sure you were, then they have let you down badly.

Step-by-Step Guide: Making an Inadequate PPE Claim

The process of making an inadequate PPE claim can seem daunting to someone without legal training or experience. The good news is that the team at Truth Legal are ready and waiting with the expertise you need to pursue all types of PPE negligence claims.

Our first piece of advice would be to break the process itself down into individual manageable steps. Starting from the date of any accident involving inadequate PPE, those steps are as follows:

1. Seek medical attention as soon as the accident happens, or as soon as you become aware of an injury such as lung problems. As well as treating your health and well-being as the top priority, this will create an official independent record of your injuries to refer to as part of the compensation claim.
2. Report the accident to your employer. Many workplaces have a formal accident book for logging accidents which take place, so make sure you fill it in. Check that the details of any accident, including the role that inadequate PPE played in you being injured, are recorded correctly before signing the accident book.
3. If there is no accident book, then email an account of the accident to your employer. This will create a written record for future reference, and stop your employer potentially claiming that the accident wasn’t serious enough for you to report.
4. Take legal advice by contacting Truth Legal and explaining why you think your injuries were caused by inadequate PPE provision. Our initial confidential consultation is provided free of charge and by the end of 30 minutes we’ll have a clear idea of whether you’re likely to receive compensation for your injuries. If we think you are, then we’ll set about gathering evidence and building the strongest possible case.
5. You might require on-going treatment for your injuries, and you should retain the details of all medical interventions to build a clear picture of what has happened to you as a result of inadequate PPE. Many compensation claims also involve one or more independent medical assessments in order to ascertain the type and severity of your injuries, and how long any recovery process is likely to take.
6. We’ll inform your employer, or your employer’s insurers, that you are making a compensation claim based on inadequate PPE provision. In the majority of cases your employer or their insurers will admit negligence and offer to settle without the need for a court case.
7. Our legal expertise and the hands-on experience we have of handling inadequate PPE claims, as well as other types of accident at work claims, mean that we will know whether the compensation being offered is a fair amount. If it is we’ll tell you to accept, but if it isn’t we’ll keep fighting for what we think you deserve.
8. In a small number of inadequate PPE claims your employer might deny negligence, and the case will have to go to court to be decided. If this happens, we’ll represent you in court, presenting the details of your case as clearly and powerfully as possible.

Evidence Required for a Successful PPE Claim

Part of the process of any inadequate PPE claim involves gathering the evidence to support your contention that your injuries were caused by PPE negligence. As experts, we’ll guide you through this process. In addition to the medical assessments and accident report already mentioned, we recommend pulling together the following:

• Witness statements from any work colleagues who witnessed the accident or which have experienced the same working conditions
• If you can, take photographs of the part of your workplace where the accident happened. In particular, you should try to gather images of the inadequate PPE which you feel was responsible for the accident happening.
• If your workplace has a CCTV system installed, then request a copy of any footage which captured your accident as it happened
• Details of any training you may have received in how to make use of the PPE you were given, or an account of the fact that no such training was offered, or was inadequate
• Details of the general approach to safety across your workplace as a whole. Cover things like PPE equipment inspections and maintenance programmes, as well as the risk assessment policy of your employer and general safety concerns.
• Ask for accident records and incident logs detailing any other accidents in your workplace. Repeated or multiple incidents could point to a lax approach to safety and PPE provision.
• The maintenance records of the PPE you were using at the time of any accident
• Keep your own personal account of the accident and your injuries in the form of a journal. This will enable you to explain how the injuries have impacted you and affected your life in real time.
• Keep detailed accounts setting out any expenses directly generated by the accident and your injuries, backed up by receipts where possible. These expenses could include medical bills, loss of earnings due to time away from work and travel costs.
• Copies of any correspondence between you and your employer since the accident took place

Time Limits for Filing PPE Claims

There are strict time limits covering any inadequate PPE claims, with a few exceptions. In most cases there is a limit of three years from the date on which any accident took place, after which you can no longer make a claim.

Some PPE negligence claims involve people developing conditions some years after stopping work, caused by things like inadequate face masks in a dusty environment, or poor ear protection. In these cases the three years will run from the ‘date of knowledge’, which is the date the injured person first becomes aware that; 1) they have suffered injury, and 2) the injury is attributable, at least in part, to the employer’s negligence . Other general exceptions to the three year limit include:

• Anyone suffering a brain injury at the time of the accident, and being left ‘mentally incapacitated’ and so not able to make a claim
• Anyone who was under 18 at the time of the accident. In cases like this the time limit of tree years will run from your 18^th birthday to your 21^st.
• Anyone who was working overseas at the time of the injury

Despite the three year limit we always recommend that clients start the PPE claims process as soon as they are able to do so. Gathering evidence such as witness statements or photographs of the inadequate PPE is likely to be easier in the immediate aftermath of an accident. The sooner the process starts, the sooner you’ll be in receipt of any compensation awarded, so use the Contact Form to get in touch with us now.

PPE Claim FAQs

Can My Employer Discipline Me for Making a PPE Claim?

Your employer doesn’t have the right to discipline you for making an inadequate PPE claim. You have a legal right to safe working conditions, and your employer will be breaking the law if they discipline you or treat you in any way unfairly following a claim for compensation.

Anyone who feels they have been unfairly sacked from their job after starting the PPE claim process will actually be able to make a claim for wrongful dismissal. The expert team at Truth legal could even help to pursue this claim on your behalf, under the Employment Rights Act 1996.

What constitutes inadequate PPE?

Inadequate PPE is any PPE which isn’t fit for purpose. In other words, PPE which doesn’t offer the protection it should offer. This could be because it is damaged, ill-fitting or badly manufactured. It could also be because you haven’t been trained in how to use the PPE properly. 

How long does the PPE claim process usually take?

The time taken by the PPE claim process can vary. The team at Truth Legal will always work to get a fair result as quickly as possible, but other factors which need to be taken into account include:

• The length of time it takes for all the evidence you need to be collected and pulled together
• Whether your employer opts to fight the claim of negligence or admits liability when we present them with the details of your claim
• The length of time it takes to agree a fair compensation settlement
• If we have to take the case to court to prove negligence then there could be an additional delay until a court space becomes available

For all these reasons, the sooner you start you claim for compensation, the better. If the process takes a particularly long time, due to the complexity of your particular inadequate PPE claim, you may be entitled to interim payments to help you cope with the impact of your injuries. Any such payments will then be deducted from your final compensation amount.

Who pays compensation for inadequate PPE claims?

If you receive compensation for a successful inadequate PPE compensation claim it will be paid by your employer’s insurers. All employers have a legal duty to take out insurance against this kind of liability, so you can pursue your claim without worrying that any compensation will come directly from your employer, because it won’t.

Do I need to pay upfront costs for legal representation?

When we handle your inadequate PPE compensation claim there will be no up-front costs. That’s because we work on a no win no fee basis. This means we’ll only take a success fee to cover our costs if your claim is successful. As well as removing any worry about upfront costs, this approach means you get to keep the majority of any compensation you might be awarded.

Can I claim if I am self-employed or on a temporary contract?

Yes, you can claim if you are self-employed, working on a temporary contract or working on a zero hours basis. You are still owed a duty of care.

Will I need to attend medical evaluations?

In the majority of inadequate PPE claims you will need to attend at least one medical evaluation. This will enable us to build the fullest possible picture of the injuries you’ve received and the prognosis for your recovery.

Contact Truth Legal to Start Your PPE Claim

If you’ve been injured at work or are suffering ill-health and feel that the situation was caused by inadequate PPE provided by your employer then you may be able to make a claim for compensation. Pursuing a claim of this kind may seem daunting, but we’ll minimise the stress by taking you through the process step by step, providing empathetic support as well as legal expertise at each stage.

Being awarded compensation is not only recognition of how unfairly you’ve been treated. It will also be calculated to make sure that your accident doesn’t leave you financially worse-off than would have been the case if it hadn’t happened. We’ll work tirelessly to get you every penny you deserve, and help you to get on with putting your life back together.

Call us today and an expert member of our team will talk you through your situation and provide an honest assessment of whether your case would be likely to succeed. This will take the form of a 30 minute consultation provided free of charge, and if we think you’ve got a good chance of success we’ll take your case on without you having to pay another penny more up-front.

We’ll build the strongest possible case through a combination of expertise and hands-on experience, working by your side to gain the compensation you’re entitled to.

Why should I contact Truth Legal?

At Truth Legal, we pride ourselves on giving clients an ethical and honest service. Trust is a huge consideration when it comes to selecting your legal representatives; without it, your claim may only add to an already distressing situation.

We offer:

• Free initial consultations
• Specialist technical knowledge and experience – so you can rest assured that your case is in the best hands.
• Practical advice – tailored to your situation.
• Strong representation – fighting for the compensation and outcome you deserve.
• Support and compassion – friendly, knowledgeable professionals on your side through a difficult time.

Our team of specialist personal injury solicitors and Legal Executives have the abilities to recover the compensation you deserve.

We have offices in Harrogate, Hull and Leeds, with a presence in York, Manchester and London, but we help clients nationwide.

Further reading

Read our extensive guide for more information on accidents at work claims.