We are personal injury solicitors specialising in claiming compensation for clients injured due to a lack of protection. Stephen Morse has experience with all types of work injury claims, and introduces our services in this short video.

Read more about protective equipment failures below, or use our free legal advice service opposite to ask us a question or to get started making a claim.

Protective Equipment Injury Claims

It is an employer's duty to provide Personal Protective Equipment (PPE) to employees where necessary, as part of their duty to protect workers from hazards and risks in the workplace. Such equipment generally refers to articles of protective clothing, helmets, goggles, or other garments which protect employees from injury where there is a risk to their health and safety. It is important to note that personal protective equipment should always be a last resort option, i.e. it should only be required where all other possible measures to prevent or control the particular workplace hazard have been exhausted. The Health and Safety Executive define PPE as:

'All equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects him against one or more risks to his health or safety.'

Typical Causes Of Protective Equipment Injuries

The HSE has repeatedly warned businesses to enforce the required safety standards with regard to the wearing of personal protective equipment. Every year on construction sites for example thousands of workers suffer injuries following falls from height, being struck by objects falling from height, falls from machinery and work vehicle accidents. Head and brain injuries commonly result where the victim is not wearing appropriate protective head wear. Construction and other workers may also sustain burns, abrasions or lacerations to the arms, wrists, hands, legs and feet, following contact with with sharp or blunt edges and surfaces with extremes of temperature. Such injuries can be severe, and potentially result in amputations, fractures or even prove fatal. Workplace accidents are not the only threat posed to workers however. Equipment must also be provided to protect workers from hazardous substances and chemicals which may cause infection or a serious work related illness like asbestosis, dermatitis or asthma. Hearing loss and damage to one or both eyes are yet two more threats in certain workplaces which need to be combated by the provision of protective equipment. As the HSE state, employees must also be protected from extremes of temperature.

Types Of Personal Protective Equipment And Related Injuries

Given the range of dangers facing workers in various industries, protective equipment can take many forms. Protective clothing includes overalls, protective suits, life jackets, high visibility clothing, helmets, boots, gloves and safety harnesses. Where there is a threat from an airborne contaminant for example, goggles, respirators and face masks must be provided. Workers exposed to excessive noise will require effective ear protection. Sometimes the protective equipment will serve a double purpose. In the case of surgeons and dentists for example the protective masks and aprons that they wear protect themselves and their patients from contaminants. It is worth noting that certain types of protective equipment may present a new danger in themselves. Latex gloves used by health workers for example can cause rubber allergies and contact dermatitis.

Employers Must Take Steps To Prevent Accidents At Work

The central piece of legislation regarding PPE is The Personal Protective Equipment at Work Regulations 1992. This does not cover hearing protection or respiratory equipment, both of which are subject to other legislation. The 1992 regulations state that protective clothing must be provided to employees free of charge, that employees must be thoroughly trained in its use, and that employees use the equipment in the correct manner. The Regulations state that the 'protective clothing' must be suitable for the user and for the risk that it must offer protection against. The equipment should also be stored and maintained properly. Other important pieces of legislation that your employer must abide by include:

The Control of Substances Hazardous to Health (COSHH) Regulations 2002
The Noise at Work Regulations 1989
The Control of Asbestos at Work Regulations 2002
The Construction (Head Protection) Regulations 1989

Protective Equipment Injury Claims And Compensation Awards

The employer has a duty to provide protection for employees from injuries and illnesses resulting from exposure to workplace hazards, as far as is practically possible. If this protection is not provided, or if an employee has not been trained properly in the use of protective equipment, then the employer may be held liable for negligence in the performance of his duties. Once the employer's liability has been established, it is the severity of the injury or illness, and the level of medical treatment required that will determine the level of compensation awarded to the successful claimant. Bartletts Solicitors are specialists in the field of protective equipment injury claims. We work on a no win no fee basis meaning if you win your case your employer's insurance company will pay all of your legal fees.