Employers have a duty to ensure that workplaces and work activity is safe. Where possible, the risk of injury should be reduced to the lowest possible. In some cases that will include the requirement for people undertaking tasks to use Personal Protective Equipment (PPE) however this should always be considered as a last resort and employers have a legal duty to try to identify a means of undertaking work without PPE being required.
Accidents at work can still happen, however, and the most common reasons that an accident relating to PPE may occur are:
- Where an employer has failed to provide PPE to an employee – this can occur either as a result of the employer not properly assessing the risk to their workers to identify the need for PPE or simply electing not to provide PPE despite knowing the risks
- Where the PPE provided is not adequate to fully protect the worker – the Health and Safety Executive (HSE) advise that PPE should not only be suitable for the task but also suitable for the user. PPE should also be of suitable quality and again the HSE advise on only using CE certified equipment
- Where training in respect of the use of PPE has not been provided by the employer – PPE can only be effective if the person using it knows what it is for and how to use it properly. Employers have a legal duty to ensure that anyone using PPE is fully trained in how to use it.
- Where the PPE has become defective and has not been repaired or replaced – An employer’s duty does not start and end by simply making PPE available to its employers, the employer must ensure that the PPE is fit for the purpose that it is intended, that the PPE is inspected and maintained on a regular basis
PPE covers a wide range of items and some of the most common types to PPE include:
- Hard hats
- Safety Glasses
- Ear Defenders/earplugs
- Safety boots with protective toe caps
- Overalls, aprons and boiler suits
- High – visibility clothing
These are just a few examples and the list of items which may be considered PPE is almost endless. Personal protective equipment (PPE) covers all equipment someone is given to wear to keep them safe from any risks of accidents in the workplace. PPE is often used in industries where people work in potentially unsafe environments, such as those working at height and those working in the construction industry or with hazardous or heavy materials.
The range of injuries that can occur as a result of PPE not being provided or inadequate or badly maintained PPE is almost as long as the range of equipment that can be considered PPE.
It is also important to note that whilst an employer has a duty to provide, maintain and provide training on PPE, workers also have a duty to use any PPE that they are provided with – even when the task they are completing may be a minor one.
Our personal injury solicitors are experts in PPE accident claims.
We will guide you through the claims process and help you access receive the justice and compensation you deserve. Compensation is important to take away any financial pressure in case you need to take time off work. It also covers the costs of any medical expenses as you may need as part of your recovery from a workplace injury.
PPE Accidents – Frequently Asked Questions
The first step is to contact us for a free no obligation consultation. As soon as we’ve got the details, we’ll confirm if you’re entitled to claim.
Once you’ve been through the initial steps, we will handle everything on your behalf and contact your employer to let them know you are seeking compensation for your injuries and any associated accident damages. We will keep you updated on the progress of your claim at all times so you .
A strict three-year time limit applies to making a PPE claim in Scotland. Therefore, it is important to ensure you make a claim as soon as possible to secure your best chance of receiving compensation for your injuries. However, there are some exceptions to this rule:
- Mental Capacity – if the person involved is incapable of making a claim themselves, there’s no cut-off date, until they regain full ability to do so.
- Children – claims involving children under the age of sixteen have until their 19th birthday.
- Criminal Injuries – if your injuries were caused deliberately, you have a separate right to claim under the Criminal Injuries Compensation Authority (CICA). The cut-off date for creating a claim through the CICA is 2 years from the incident.
- Construction Accidents Abroad – closing dates differ from country to country. However, you will still be able to make a claim within three years from the accident under Scottish law.
In most instances, you may be entitled to compensation for variety of things including:
- Medical, rehabilitation and hospital expenses
- Loss of earnings or earning capacity
- Any future expenses as a result of the injury
- Home modification and care expenses
- Pain, suffering and loss of enjoyment of life.
Our personal injury compensation calculator will help you estimate the amount you may be able to claim for. However, this should be taken as a guide.
If you have suffered a personal injury from a fault PPE equipment accident at work there are necessary steps you must take for your claim to be successful. It is important to make sure any injuries sustained from the accident receive immediate medical attention. Not only for health reasons, but also because medical records and receipts are crucial evidence in your claim further down the line.
You should also report the accident to your employer as soon as possible. By making a health and safety record of the event, you’re providing yourself with additional proof, making your claim process easier.
Anyone who has been injured in a faulty PPE equipment accident that wasn’t their fault can make a claim. Even if you contributed to the accident, you may still be able to claim injury compensation if negligence of your employer is proven.
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