PPE stands for Personal Protection Equipment. This equipment is the necessary equipment that is demanded of a job to minimize the risk of injury to the employees. Such devices can be gloves, boots, earplugs, safety goggles, filtration masks, and protective clothing. Any item which will significantly determine the safety and well-being of the employee is considered PPE.
In most cases the PPE is lacking due to the lack of providing an ample supply of the Personal Protection Equipment. This means that there is a supply of the protection at the facility; however the amount of PPE to employees is not sufficient. As a result some employees obtain PPEs and others do not.
PPE equipment which has become damaged can cause injuries. Companies are required to check, repair, and/or replace equipment regularly to ensure the safety of their employees. Yet, in many cases the companies which issue the PPE put the responsibility upon the employees to report and to manage such equipment. Although the monitoring of the PPE by the employees is an efficient way in which to detect issues, it is not the responsibility to maintain the PPE of the company, it is the companies.
The cost to train employees in certain personal protection equipment has caused some companies to neglect implementing PPE devices. In areas where the PPE is not mandated but would substantially increase the health of the employee, companies should implement the PPE. However, as the PPE in such situations are not mandated, the company may see it as too much of a financial obligation to provide such equipment.
PPE negligence claims need to show that the company is in negligence and that by having the PPE in place the injury probability would have been substantially minimized or avoided.
If you have suffered from bronchitis, asbestosis, chronic obstructive pulmonary disease, emphysema or any other injury as a cause of a lack of an air filtration mask you may have grounds for a claim, especially if you have not smoked or participated in any activities which could cause such injuries outside of the job.
If you have suffered from chemical burns, abrasions sever cuts, hypothermia, or any other condition caused by the lack of protective clothing you may have grounds for a claim.
Those which have fallen from the lack of a PPE harness and have sustain injury including but not limited to breaks in the spine, concussion, paralysis, and haemorrhaging may be entitled to compensation. Most industries require that safety harnesses and training on how to properly use such harnesses be implemented for any employee working over a certain height. Failure to do so is negligence on the industry’s part.
Those which have had a spouse or an immediate family member die as the result of the lack of PPE definitively have grounds for a claim. Even if the injury is the result of prolonged exposure and not to an immediate injury (for example if the person died as a result of cancer caused by radiation and no protective clothing was offered by the company) you have grounds for a claim.
Where PPE is the responsibility of the company, many companies require that employees provide a certain level of their PPE. If it was your responsibility to provide yourself with protective boots and eyewear (for example) and you neglected to do so, it may not be the companies responsibility to provide such. However, the company should have not allowed you to work in such conditions. You should seek the advice of a legal professional to determine if the company was negligent in this case.
Injury compensation is dependent upon the timeframe in which you file your claim in relationship to the time of the injury. Many factors are taken into consideration when filing a claim including the grossness of the negligence, the likelihood of injury at another company under the same conditions, the time in which it was filed, and other cases similar to your claim.
You should always consult a doctor, nurse, or medical staff or practitioner concerning any injuries and follow their diagnosis and treatment for those injuries. Never attempt to increase your injury to receive compensation as this is both illegal and extremely dangerous to your health.
If you need assistance in filing your PPE injury claim we would love to hear from you. Our team will work with you one-on-one to determine the best option to get you the compensation that you deserve. If you have any questions concerning PPE injury or any of our services please let us know.
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