Last Updated on May 6, 2026 by tanya

Injured By Defective PPE At Work

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

When You Can Make a Defective PPE Claim in England & Wales

Personal protective equipment (PPE) should reduce risk, but if you’ve been injured by defective PPE at work, you may be able to make a personal injury claim for compensation. Legally, employers are required to keep their staff safe. So if PPE is faulty, inadequate or unsafe and you suffer an injury at work as a result, you may be able to make a defective PPE claim for compensation.

 

What Is a Defective PPE Claim?

A defective PPE claim is a type of workplace personal injury claim. You may bring it when you suffer harm because the PPE was:

 

• Faulty, damaged, or unsafe
• Out-of-date or beyond its safe service life
• Unsuitable for the task or did not fit properly
• Not properly maintained, replaced, or inspected
• Missing entirely when it should have been provided

Most defective PPE claims focus on employer negligence. In some cases, you may also have a claim against the manufacturer or supplier, but the most common route is through your employer’s liability insurance.

 

Why PPE Failures Lead to Accidents

PPE is often the “last line of defence” after an employer has already carried out risk assessments and implemented other safety controls. Therefore, this means if PPE fails, the worker can suffer direct exposure to hazards such as:

 

• Chemicals
• Falling objects
• Airborne particles
• Noise
• Heat
• Sharp edges
• Biological contaminants
• Slip and trip risks

Because the risk is immediate, PPE-related injuries can be serious even when the task seems routine.

 

The Employer’s Duty to Provide Safe PPE

In England and Wales, employers are legally required to protect employees and others affected by their work. That includes supplying suitable PPE when risks cannot be adequately controlled in other ways. Therefor an employer should:

 

• Provide PPE free of charge where required
• Ensure PPE is suitable for the work and the environment
• Ensure PPE fits the worker correctly
• Maintain, repair, and replace PPE when needed
• Provide instruction on correct use
• Ensure PPE is stored properly
• Ensure PPE is not out-of-date or degraded

If your employer fails in these responsibilities and you suffer an injury, you may have strong grounds to claim.

 

What Counts as Out-of-Date PPE?

Out-of-date PPE is not always obvious, which is part of the danger. Some equipment degrades over time – even if it looks fine, for example:

 

• Safety helmets past their replacement date
• Respirator filters used beyond their service life
• Expired chemical gloves that become brittle
• Expired first-aid eye wash used in an emergency
• Harnesses kept in service beyond manufacturer guidelines
• Fire-resistant clothing that has lost its protective properties

Some PPE has clear expiry dates. Other PPE has a recommended replacement schedule or service-life guidance. Either way, employers should track PPE condition and replace it before it becomes unsafe.

 

Examples of Defective PPE That Can Cause Accidents

Defective PPE may fail in multiple ways. Here are some examples that frequently lead to workplace injury claims.

 

1. Cracked or Degraded Safety Helmets

A hard hat that has cracks, UV damage, or has exceeded its service life may not protect the head in a falling object incident. A helmet may also fail after being stored incorrectly (for example, left in direct sunlight for long periods).

Accidents caused: head injuries, concussion, skull fractures.

 

2. Damaged Safety Footwear

Worn soles, split boots, missing toe caps, or inadequate grip can cause slips and crush injuries. Steel toe protection can deform after impact and may no longer provide protection.

Accidents caused: slips, falls, crushed toes, ankle injuries.

 

3. Faulty Harnesses and Lanyards

Fall arrest equipment must be in excellent condition. Frayed webbing, worn stitching, damaged buckles, or missing inspection tags can cause serious failure.

Accidents caused: falls from height, spinal injuries, fractures.

 

4, Defective Respirators and Masks

A respirator may not seal properly due to damage, incorrect size, or worn straps. Filters may also be expired or unsuitable for the hazard.

Accidents caused: occupational asthma, inhalation injuries, chemical exposure.

 

5. Torn or Inadequate Gloves

Gloves must match the hazard. A general-purpose glove will not protect against strong chemicals, heat, or sharp materials. Even small tears can allow hazardous substances to contact the skin.

Accidents caused: chemical burns, dermatitis, cuts, infections.

 

6. Faulty Eye Protection

Scratched lenses, broken frames, or missing side shields can reduce protection. Incorrect goggles can also fog up, creating a visibility hazard.

Accidents caused: eye injuries, corneal abrasions, chemical splashes.

 

7. Defective Hearing Protection

Ear defenders with worn seals or broken headbands may not reduce noise levels adequately. This can cause hearing damage over time, even if the worker uses the PPE.

Accidents caused: noise-induced hearing loss, tinnitus.

 

8. High-Visibility Clothing That Has Lost Effectiveness

Hi-vis clothing fades and loses reflectivity. In warehouses, construction sites, and road works, this can pose a hazard.

Accidents caused: collisions with vehicles, struck-by accidents.

 

When Can I Make a Personal Injury Claim for Defective PPE?

You can usually make a defective PPE claim if all of the following apply:

 

You were owed a duty of care (employees almost always are)

The PPE was defective, unsuitable, or out-of-date

The defect caused or contributed to the accident or injury

You suffered harm

You do not need the PPE to be the only cause. If the PPE failure made the injury worse or removed protection you should have had, you may still have a valid claim.

 

Examples of Workplace Accidents Involving Defective PPE

Here are some typical accident scenarios involving defective or out-of-date PPE which may lead to claims:

 

• A worker suffers a head injury when an expired helmet cracks on impact
• A warehouse employee slips because worn safety boots have no grip
• A painter inhales fumes because the respirator filter is out-of-date
• A roofer falls because a harness lanyard fails due to fraying
• A cleaner suffers chemical burns because gloves were unsuitable for corrosive substances
• A machine operator gets eye damage because goggles were scratched and didn’t shield debris

These cases often involve an employer failing to replace PPE, failing to inspect it, or issuing incorrect equipment for the job.

 

What If I Was Told to Use the PPE Anyway?

This is extremely common.

Many workers report defects, only to be told to “make do,” share PPE, or continue working until replacement stock arrives. If you raised concerns and your employer ignored them, this can strengthen your case.

Even if you did not report the issue, your employer still has a responsibility to inspect, maintain, and replace PPE.

 

What Evidence Helps in a Defective PPE Claim?

Defective PPE claims succeed when you can prove a clear link between the PPE failure and the injury. Useful evidence may include:

 

• Photos of the defective PPE
• The PPE item itself (keep it if possible)
• Accident book entry or incident report
• CCTV footage
• Witness statements
• PPE issue records and inspection logs
• Training records
• Medical records and treatment notes

If the PPE has an expiry date, a photo showing the date can be extremely important.

 

Time Limits: How Long Do I Have to Claim?

In most personal injury cases in England and Wales, you have three years to start a claim.

The three-year period usually runs from:

• The date of the accident, or
• The date you became aware your injury was linked to PPE failure

Some PPE-related injuries develop over time e.g. respiratory harm. In those cases, the time limit may run from the date of knowledge rather than the first exposure.

 

Can I Claim If I’m Still Employed?

Yes. You can make a defective PPE claim even if you still work for the employer.

Most employers do not pay compensation directly. Claims are normally handled through their employer’s liability insurance. The law protects you from being treated unfairly for asserting your legal rights, although workplace relationships may feel awkward. Many people claim while staying in the same job.

 

What Compensation Can Cover in a Defective PPE Claim?

If your claim succeeds, compensation may include:

• Pain, suffering, and loss of amenity
• Loss of earnings if you needed time off work
• Future loss of earnings (in serious cases)
• Medical costs, prescriptions, and physiotherapy
• Travel costs to appointments
• Care and assistance from family
• Costs of aids, equipment, or rehabilitation

The value depends on the severity of the injury and the impact on your work and daily life. As every claim is unique, your personal injury solicitor will be able to provide an estimate depending on your specific claim.

 

Take The Next Step

If you suffered an injury at work in England and Wales because your PPE was defective, unsuitable, poorly maintained, or out-of-date, you may be entitled to claim compensation.

It is advisable to consult with a personal injury lawyer who has experience in work injury claims and who can assess your case and advise if you have a claim.

Reaching out to a trusted claims company can make a significant difference in your journey ahead. We work with experienced solicitors who operate on a ‘No Win, No Fee’ basis and will ensure you receive all the support you need. 

Call us at 0333 358 2345 or contact us online at First Personal Injury to learn more.