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If you or a member of your family has suffered a personal injury due to an accident at work, you may be entitled to claim compensation.
Our specialist personal injury lawyers are experts in recovering damages for the victims of workplace accidents, so contact us on 0800 0328511. Alternatively, complete an online claim enquiry form and one of our advisors will call you back.
What is PPE?
When is protective equipment necessary?
Does my employer have to provide PPE?
Laws relating to PPE
Claims for injuries at work
Compensation
Our personal injury lawyers
Links to useful information
Personal protective equipment (or PPE as it is commonly known) means all clothing or equipment designed to be worn or held whilst at work, to protect the user from any risks to their health or safety. Some examples are:
• Hard hats and safety helmets
• Goggles, face shields and visors
• Dust masks, respirators and breathing apparatus
• Overalls and protective suits
• High visibility jackets and tabards
• Gloves, gauntlets and protective sleeves
• Safety boots, steel toe cap boots and gaiters
• Protective aprons
• Knee and elbow pads
• Lifejackets
• Safety harnesses
• Hearing protection
PPE should be used as a last course of action, after all other measures to eliminate or reduce the risk of injury have been taken. This is because it only protects the wearer, whereas reducing risks by using safer systems and practices protects the entire workplace.
Personal protective equipment is used for a variety of purposes; for example to reduce the risk of workplace accidents and injuries, to protect the user from exposure to hazardous substances (e.g. asbestos or toxic chemicals) or to prevent other damage, such as occupational hearing loss caused by exposure to loud noise or occupational asthma.
There are certain circumstances or conditions under which it may be appropriate for employees to use PPE. These include, but are not limited to:
• Extremes of climate (e.g. very cold or wet weather)
• Dusty environments
• Risk of flying debris
• Risk of falling objects
• Potential for chemical splashes
• Contact with hazardous substances
• Risk of electric shock
• Extremes of temperature
• Handling sharp objects
• Poor visibility (i.e. when high visibility wear may be necessary)
• Exposure to gases or vapours
• Risk of exposure to radiation
• Restricted supply of oxygen (say, in the case of firefighters attending an fire)
• Exposure to irritants
• Risk of slipping
• When working at height
If risk assessments carried out in the workplace indicate that PPE is necessary for some or all employees, the appropriate equipment / clothing should be supplied by the employer.
Employers should ensure that employees are adequately trained in the use of this equipment, why it is needed and where it is kept. PPE should also be up to current standards, correctly fitted, suitable for its purpose, in satisfactory condition and appropriately stored.
It is also important that the condition and use of protective equipment is monitored, to ensure that employees are protected effectively, and that it is frequently cleaned and maintained as necessary.
The main regulation governing the use of personal protective equipment is the PPE at Work Regulations 1992. It states that protective equipment should be supplied and used at work wherever there are risks to the health and safety of employees that can not be adequately controlled in other ways.
This law does not apply to certain situations where the following, other regulations are in force:
• The Control of Substances Hazardous to Health (COSHH) Regulations 2002 (as amended)
• The Noise at Work Regulations 1989
• The Control of Lead at Work Regulations 2002
• The Ionising Radiations Regulations 1999
• The Control of Asbestos at Work Regulations 2002
• The Construction (Head Protection) Regulations 1989.
It is always a advisable to seek prompt legal advice if you have suffered any type of accident at work and believe that you may be entitled to make a claim. In every case, medical evidence will be required. Detailed expert evidence is often also required in industrial disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. Your lawyer will be able to collate all of the information about your case and advise you on the best way in which to proceed.
If an injury at work does occur, you should try to record as much information as you can, taking photographs where possible. If applicable, try to ensure that your accident is also recorded in any accident book. Remember to keep details of any medical treatment and receipts for any injury related expenses, as these may be useful in your claim.
There are two elements to a compensation award. The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to play sports, do housework or drive for example). The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.
The second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.
In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.
If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.
The Legal Line’s specialist lawyers have a wealth of experience in recovering compensation for the innocent victims of workplace accidents, industrial diseases and all other types of personal injury.
We are committed to obtaining the maximum amount of compensation possible for our clients, in the shortest possible period, and have recovered some of the largest ever personal injury settlements. See our news and client stories sections for some of the many successful cases our lawyers have handled for injured people.
The following websites also have useful information and guidance about PPE and general safety in the workplace:
British Safety Industry Federation
Health and Safety Executive
Directgov