We can help you with Inadequate Personal Protective Equipment (PPE) Claims.
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). PPE can include all kinds of safety gear, each protecting against different kinds of hazards.
If you work with PPE, you are entrusting your health and safety to that equipment. If that PPE is unsuitable, or in poor condition, you may no longer receive the safety benefits the equipment is intended to provide. The law surrounding PPE is mostly contained in the Personal Protective Equipment at Work Regulations 1992 found here.
Depending on the hazards you are facing, inadequate PPE can easily lead to injuries or the development of industrial diseases. These include:
PPE which is inadequate can cover many situations, including PPE which is:
It is your employer’s responsibility to ensure the PPE you have been given is fit for purpose. Your employer must also provide training for using the PPE correctly. Failing to do so could constitute negligence and may give rise to an accident at work compensation claim.
Claiming compensation 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.
To be successful in your personal injury claim, you must prove several legal elements:
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:
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.
Your injuries will likely be the main ‘harm’ for which you are claiming compensation. Compensation awarded for injuries is based upon two things:
However, it is unlikely that your injuries will be the only loss you have suffered. Many financial losses can follow on from an accident, or occur as a consequence of your injuries. Some standard categories of losses are:
There are many other kinds of loss for which you can claim compensation. If you would like to know more, download our free ebook: The Ultimate Personal Injury Compensation Guide.
All personal injury claims are restricted by legal time limits. The usual time limit for personal injury claims is 3 years, meaning that claim must be settled, or court proceedings commenced, within 3 years of the accident.
There are exceptions to this, however. For example, if you have suffered an industrial disease due to inadequate PPE, then it may not be obvious when exactly your ‘injury’ was caused. With industrial diseases like occupational asthma, it may be some time after the harmful exposure before any symptoms develop. In cases like this, a 3-year time limit runs instead from the date when you knew, or ought to have had known, of the harm you had suffered. Often this will be when you were diagnosed with your condition.
Further exceptions may apply to these time limit rules as well, meaning the situation can become complicated. It is always advisable to act as soon as possible if you think you may have a personal injury claim. If you are concerned about time limits or wish to know where you stand, please do not hesitate to contact us.
If you have suffered an injury at work or developed an industrial disease as a result of inadequate PPE, you may be able to claim compensation from your employer.
Truth Legal’s specialist personal injury and accident at work solicitors can help you to recover this compensation. We will work tirelessly to build your case and achieve the positive outcome you deserve. Our firm prides itself on delivering an ethical, honest, and efficient service, whilst having an in-depth knowledge of PPE claims.
Let us help you to claim the compensation you deserve.
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