Claiming compensation for inadequate PPE can help get your life back to normal as far as possible following an accident.
The purpose of compensation is to return you, through financial means, to your pre-accident situation. Whilst it is unfortunately true that some harm cannot be ‘fixed’ with any amount of money, compensation can mitigate the negative effects from the accident and help you to rebuild your life. In the aftermath of your accident, you may have to adjust to a new way of living. This can be stressful enough without financial worries placed on top – compensation can help to ease these added pressures.
But if you are claiming for an injury because of inadequate or defective safety equipment, there are other issues at stake. Besides countering the negative effects you have suffered, your claim represents making a stand for what’s right. You are claiming recompense to which you are entitled, and your claim can act as a strong deterrent against similar conduct or negligence in the future. It can prevent the same thing from happening to others.
Making a successful personal injury claim for inadequate PPE
To be successful in your personal injury claim, you must prove several legal elements:
- Your employer failed in their duty of care towards you;
- Their failure caused your injury; and
- The injuries and losses you are claiming for are reasonable.
Employers have general legal duties which require them to keep their workers as safe as possible. This requires them to do all they reasonably can to ensure health and safety. But in relation to PPE there are more specific duties with which employers must comply. The Personal Protective Equipment Regulations 1992 direct employers to:
- Conduct a full risk assessment as to the hazards in the workplace and the PPE required to protect against them.
- Make sure PPE is suitable to provide the appropriate level of protection.
- Keep PPE properly maintained in a good condition.
- Monitor the use and maintenance of PPE.
- Display safety signs to remind workers when PPE must be worn.
- Train workers in the correct use of the PPE, including when and how it must be used, and how to check it is in good repair and working order.
The Regulations also make it clear that the need for PPE should be avoided if at all possible. Supplying PPE should only be used as a last resort where those risks cannot be eliminated or reduced by any other means.
If your employer has not met their duties under these regulations, and you have suffered an injury, this will provide a strong basis for a claim.