Injury at Work Due to Inadequate or Lack of Protective Equipment

Claim compensation for injury caused by inadequate/lack of protective equipment at work

After risk assessment of a work place and implementation of measures to reduce risks at their source, any remaining risks should be addressed through provision, where possible, of “personal protective equipment”.

Personal protective equipment is equipment which is individual to the worker. There are many different types of personal protective equipment in daily use throughout the UK. Although the list is endless it would include items such as hard hats, safety boots, high visibility jackets, welding masks, goggles, ear protectors, breathing apparatus, and protective gloves.

Requirements in respect of personal protective equipment are set out in The Personal Protective Equipment at Work Regulations 1992. Personal protective equipment should usually be provided to workers where it can reduce a risk of injury to them. The risk might relate to almost anything but a few examples would be;

• risk of being injured by hot substances (e.g. molten metal)
• risk of being hit by falling objects
• risk of being cut by sharp components
• risk of inhaling harmful substances

Workers must be given suitable protective equipment that fits properly and can be worn whilst doing the job in hand. It should be maintained and replaced as necessary. Employers are required to enforce wearing of the protective equipment.

Given the many different types of protective equipment these accidents can occur in all sorts of different workplaces. We are very experienced in handling cases arising in a variety of circumstances.

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Case studies: poor safety equipment

The claimant was employed to assist with the replacement of a conveyor belt. The belt consisted of numerous paddles with sharp edges which had to be removed to allow replacement of the belt. The task had to be done manually as there was no other way to undertake it. The claimant was not offered protective gloves nor was he warned of the sharpness of the paddle edges. The claimant sustained a deep cut to one of his fingers which subsequently becomes infected and he went on to develop reflex sympathetic dystrophy. He lost many months of income, and his future earning capacity was affected. The case settled at £33,500.

A cook sustained burn injuries to her forearm when the burger she was picking from the fryer fell from the tongs and oil splashed on to her forearms. The injury would have been preventable had the Claimant been provided with protective gloves/gauntlets. She obtained an out-of-Court settlement of over £1,700.

An electrician suffered an injury to the end of his left index finger involving a partial amputation of the tip. He was fixing wire cable trays to a wall when a tray fell onto his hand. It was alleged that the gloves provided to Mr W were too thick to enable him to carry out the task. He received £8000 in compensation.

What we'll do for you as specialist work injury solicitors

More than anything, we aim to keep things clear, simple and as straightforward as possible for our clients, so there’s no need for you to worry at any point about the legal complexities or technicalities of your workplace injury or work related accident case. You’ll be kept informed throughout the claims process which, put simply, looks like this:

• Your free initial consultation gives us a clear understanding of your claim for poor or lack of protective equipment at work.
• If you have a case we assign our best legal team with the expertise to handle your claim.
• The legal team will investigate and build evidence to back up your case.
• We keep in touch with you throughout, so you’re always informed.
• Finally, with your approval, we arrive at the best compensation settlement possible.

Contact a solicitor as soon as you can

It’s important to speak to us as soon as possible about your work related injury – time limitation periods apply and investigating your claim is often easier if you begin proceedings quickly. Your initial consultation with us is free, and we’ll tell you then whether or not your case is worth pursuing. If it is, we’ll carry out our investigation of the case free of charge too.

Can I make a compensation claim? Complete our personal injury claim form to see how we can help you.