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PPE shortages

PPE shortage claims and COVID-19


Following the coronavirus outbreak it has become apparent that the UK does not have adequate PPE (Personal Protective Equipment) supplies to protect those who are at greater risk of being exposed to the virus.


Under the Control of Substances Hazardous to Health Regulations 2002 employers have a duty to keep their employees safe at work. Any and all PPE should be properly assessed to ensure that it is suitable and should be stored and maintained properly.


Those who are considered ‘key workers’ and are working on the frontline in combatting the virus, are most at risk of exposure to the virus and should be equipped with the correct PPE whilst at work.


If you have suffered an injury as a result of a lack of PPE you may be able to make a personal injury claim for compensation.


How much compensation can I claim?


Compensation for PPE shortage claims includes:


General Damages for pain, suffering and loss of amenity


The exact amount will be assessed according to the extent of injury, estimated recovery time and rehabilitation needed – and whether further medical treatment or even lifelong care is needed.


Special Damages to cover medical fees and out-of-pocket expenses


Expenses might include physiotherapy, travel expenses to hospital or damage to personal items, as well as any loss of earnings. In more serious cases, ongoing care, loss of future salary and pension or adaptations to your home would be included.


Our specialist legal team will be able to advise you on the likely award of compensation together with the time limits for bringing a claim. 


Will I have to go to court to claim compensation?


Most compensation claims for PPE shortages are settled out-of-court.  


But if a court hearing is necessary, Duncan Lewis instructs leading barristers who specialise in employer negligence matters, to ensure you receive the best possible outcome for your case.


Fees and funding


In some cases, we are able to assist you by way of a conditional fee agreement, commonly known as ‘no win no fee’ funding. To decide if your claim is eligible for ‘no win no fee’ funding, we will assess the prospects of success in your case and the chances of a court Order in your favour.


We will inform you of all the possible funding options that are open to you (including ‘no win no fee’ agreements) and give you advice on the one most suited to your case.


If you win your claim your opponent should be responsible for paying some of your legal costs and disbursements (including court fees, medical reports). The legal costs payable by you (if any) will not be payable until the conclusion of your case.  Where claims are funded under a ‘no win no fee’ agreement – generally no legal costs are payable if the claim is unsuccessful. 


Why choose Duncan Lewis Solicitors?


At Duncan Lewis Solicitors our Personal Injury department has extensive experience in assisting those who have suffered injury or damage as a result of a lack of or inadequate PPE.


Our team is well-versed in handling employer negligence matters and is recognised in the 2020 edition of The Legal 500 for its expertise in this area.


Contact a member of our personal injury team on 0333 772 0409


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