Is It Possible to Sue for Inadequate Personal Protective Equipment (PPE) | Benson & Bingham

Is It Possible to Sue for Inadequate Personal Protective Equipment (PPE) | Benson & Bingham, updated 8/27/24, 3:01 AM

Wondering if you can sue for lack of Personal Protective Equipment (PPE) at work? Learn about your legal options and how to seek compensation for PPE-related injuries.

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Is It Possible to Sue for Inadequate Personal Protective
Equipment (PPE)?
Enhancing Legal Outcomes Through PPE Compliance and Legal Knowledge
Safety should always come first, but what happens when it's compromised due to inadequate
Personal Protective Equipment (PPE)? This can leave you vulnerable and searching for justice.
If you're wondering whether legal action is possible due to the absence of required safety gear,
you’re not alone. Speaking with a personal injury attorney is a good first step to understanding
your rights and available legal paths. The following information offers important tips to guide
your next move.
Continue reading to learn if suing for inadequate PPE is possible.
How Personal Protective Equipment is Essential for Workplace Safety
Personal Protective Equipment (PPE) consists of specialized clothing and gear designed to
shield individuals from workplace health and safety hazards. Acting as a protective barrier, PPE
helps guard against a range of risks, including physical, chemical, biological, electrical, and
airborne particulates.
PPE is crucial across various industries as the fundamental gear to safeguard workers from
harm. In healthcare, PPE like gloves, masks, and gowns is vital for protecting medical staff and
patients from infectious diseases. In construction, PPE includes hard hats, safety glasses, and
steel-toed boots to protect workers from physical injuries caused by falling objects, sharp
materials, or heavy machinery.
In the chemical industry, personal protective equipment (PPE) preventing hazardous substance
exposure is mainly composed of respirators and clothing made using chemicals resistant
properties. For electrical work, they wear insulated gloves and even arc flash suits to protect
them from electric shock/burns.
When injuries happen because of insufficient PPE, the person concerned can take assistance
from a las vegas personal injury lawyer to protect their rights.
The fact that PPE is so crucial to just about every industry in one way or another really
emphasizes the importance of using it for maintaining safety standards and controlling
workplace injury & illness. Correct PPE usage not only keeps employees safe, it promotes a
safety culture within organizations.
Steps to Follow If Your Workplace Doesn't Provide Adequate PPE
If you find yourself dealing with insufficient Personal Protective Equipment (PPE) at your
workplace, following the correct procedures can help resolve the problem and secure your
safety.

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Here are the steps to take:
1. Recognize the Deficiency: Identify which PPE items are lacking or insufficient. Evaluate
if the problem lies in the quantity, quality, or suitability for the particular hazards you
encounter. Make sure to take thorough notes to discuss with your personal injury lawyer
in Las Vegas.
2. Report the Problem: Inform your supervisor or the designated safety officer about the
issue right away. Give precise details about the missing or insufficient PPE and the
potential risks it poses.
3. Record Your Concerns: Maintain a written record of your communications about the PPE
problem. Note the dates, times, individuals you spoke with, and their responses. This
documentation can be essential for any future actions.
4. Follow Up: If your initial report doesn’t result in any action, pursue the matter further.
Escalate the issue to higher management or the human resources department if needed.
5. Leverage Internal Resources: Many workplaces have safety committees or employee
representatives. Utilize these resources for additional support in addressing the PPE
shortage.
6. Understand Your Rights: Be aware of your rights under workplace safety laws. For
instance, in the U.S., OSHA provides guidelines and protections for workers concerning
PPE and safe working conditions.
7. Seek Professional Advice: If you face significant risks or potential retaliation for reporting
PPE issues, consulting a personal injury lawyer may be your best course of action.
Understanding Legal Standards for PPE Compliance and Litigation
The legal framework surrounding workplace safety and PPE requirements primarily stems from
federal and state regulations, ensuring that employers provide a safe working environment for
their employees.
At the federal level, the Occupational Safety and Health Administration (OSHA) sets certain
standards that require employers to provide PPE at no cost to workers to protect them from
job-related injuries or illnesses.
Employers are obligated to conduct a thorough assessment of workplace hazards to identify the
requisite types of PPE and provide comprehensive training to workers on the proper utilization
and upkeep of their gear.

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Non-compliance with these regulations may lead to legal repercussions for employers, such as
fines and directives to remedy unsafe conditions.
When an employer fails to fulfill their obligation to supply adequate PPE, employees may have
grounds to seek damages if they suffer injuries or illnesses directly resulting from this
negligence. Those affected have the option to reach out to a personal injury attorney to pursue
rightful compensation.
For instance, consider a scenario where a construction worker suffers a head injury because
they were not provided with a hard hat in an area prone to falling objects. In such cases, the
worker could initiate legal proceedings to seek compensation.
Likewise, a healthcare professional who contracts an infectious disease due to the absence of
necessary protective equipment like masks or gowns might file a lawsuit against their employer
for failing to meet required health and safety standards. These legal actions typically necessitate
the employee demonstrating that the employer either knew or should have known about the
hazard and neglected to take reasonable precautions to prevent harm.
By familiarizing themselves with these legal frameworks and potential scenarios, employees can
better understand their rights and avenues for recourse when confronted with inadequate PPE
in their workplace.
The Role of a Personal Injury Lawyer in Pursuing Compensation for PPE-Related Claims
A personal injury attorney can offer essential support in PPE-related cases by examining the
specifics of the incident, assessing the validity of the claim, and identifying the liable parties.
They can collect evidence, negotiate with employers or their insurers, and advocate for the
injured individual in court if needed. Their expertise helps ensure that victims obtain fair
compensation for their injuries, medical bills, lost wages, and suffering.
Facing a PPE-related issue at work can be complex, and having professional legal guidance
can make a significant difference in securing the compensation you deserve.
Benson & Bingham Accident Injury Lawyers, LLC
11441 Allerton Park Dr Ste. # 100
Las Vegas, NV 89135
Office: (702) 684-6900
Website: https://www.bensonbingham.com/summerlin