Lack of Personal Protective Equipment Compensation Claims Explained

The use and supply of personal protective equipment (PPE) has been very much in the news as a consequence of the coronavirus pandemic.

It has always been an issue with regards to the workplace, and there is an obligation on your employer to provide such equipment.

So, if you have been involved in an accident as a consequence of negligence by your employer, you may well be entitled to compensation.

What Compensation Value Can I Claim for an Injury Caused by Lack of PPE?

If your job requires the use of PPE, then it must be provided (free of charge) by your employer. If there is an accident or injury caused by a lack of PPE then you can claim compensation based on your injury and the impact on your ability to work.

In recent months there has been significant focus on the supply of personal protective equipment both in the healthcare profession and general working environment.

Failure to supply PPE could certainly be seen as a former of negligence which could potentially put employees at risk.

In this scenario, it would be illegal to ask your employees to continue working without the relevant safety equipment. If forced to do so, you should make a formal complaint and take advice.

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What Are the More Common Injuries Associated With a Lack of PPE?

Personal protective equipment covers an array of different equipment used in hospitals to construction sites, cleaning companies to catering operations and much more. Some of the more common injuries associated with a lack of personal protective equipment include:-

• Head injuries as a consequence of falling objects
• Heat burns
• Chemical burns
• Damage to sight
• Damage to hearing
• Inhalation of toxic fumes
• Broken bones

PPE is a type of safety equipment, and both should be considered in the same light.

Should I Pay for My Own PPE?

No. Irrelevant of your role at work, personal protective equipment must be provided free of charge by your employer. Without this equipment, you will not be able to fulfil your duties. If you are given conflicting advice, then this should be challenged and where appropriate third-party guidance was taken.

You should never be in a situation where you have to pay for your own PPE to fulfil your employment duties.

Should I Complain About Substandard PPE?

The legal obligation for your employer to protect the safety and welfare of their employees is not a simple tick box situation. There is absolutely no point in providing PPE equipment that is substandard and not fit for purpose.

In some cases, this can give employees a false sense of security when carrying out their duties. If you have been involved in an accident due to substandard personal protective equipment, you would be within your rights to pursue compensation.

I Don’t Feel Comfortable Pursuing Compensation From My Employer

When looking at negligence and compensation, it is very important to note that your employer will likely be covered by their liability insurance. The idea that you are somehow taking money from the “business” is simply wrong.

All businesses are legally obliged to have a degree of employer’s liability insurance which will cover the vast majority of compensation awards. So, there is not really a moral argument against pursuing compensation, even if some parties would have you believe otherwise.

I Feel Greedy Seeking Compensation

When considering the pursuit of compensation, because of negligence by your employer, don’t forget this can have an impact on your income, ability to work and even home life. So, if your employer is found negligent, you are well within your rights to take any compensation offered.

Many people fail to consider the long-term implications of pursuing a negligence claim. Yes, you will receive compensation with a successful claim, but it is likely that your employer will change their procedures going forward.

Therefore, by holding negligent parties to account, you may well save others from the same injury or worse.

What Evidence Would I Need to Pursue a PPE Compensation Claim?

It is important to provide as much evidence as possible when pursuing a negligence claim. This might include:-

• Details of medical treatment
• Medical records
• Medical diagnosis
• Witness statements
• Photographic evidence
• Copies of correspondence with your employer
• Details of similar accidents in the workplace
• Timeline of events
• Details of your pain and suffering
• Summary of training provided

After you have collated as much evidence as possible, you should approach a claims management company for their opinion on your case.

How Do I Pursue Compensation?

After reviewing your evidence, a claims management company will give an independent assessment of your chances of success. If they believe you have a minimum 60% chance of proving negligence and securing the compensation, they may agree to take on your case.

The majority of cases are taken on a “no win no fee” basis which effectively removes any liability for costs incurred pursuing your claim.

What Is a Success Fee?

When negotiating a “no win no fee” arrangement, the claims management company will bring up the subject of a success fee. A success fee is an agreement that entitles the claims management company to a percentage of your compensation.

The traditional level seems to be around 25%, although this can vary depending on the type of claim and duration of the case.

Do I Need a Claims Management Company?

Aside from the fact that claims management companies are likely to be experienced in the area of personal protective equipment injury claims, there is also the issue of legal fees. If you are able and willing to fund your own compensation claim, then you would obviously retain the full amount of compensation awarded.

It is also likely that you would be able to reclaim expenses from the defendant. However, there are no guarantees even with the strongest of cases, and therefore you could spend thousands of pounds with nothing in return.

The “no win no fee” arrangement has allowed many people to pursue claims which may otherwise have fallen by the wayside. Yes, there is the compensation angle to take into consideration but also the health and safety of colleagues going forward.

Unless negligent third parties are held to account, they are unlikely to make changes to their procedures. Therefore there is every chance that similar accidents and injuries would happen in the future.

Summary

While the provision of personal protective equipment is now more associated with the health industry than anywhere else, it is a general description of all safety equipment in the workplace.

Failure to provide PPE could be deemed negligent and expose employers to potential compensation claims. It is also worth noting that the PPE must be fit for purpose and replaced at the end of its life.

How Can Money Savings Advice Help You With Making a Personal Injury Compensation Claim?

Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.

Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.

If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.