Can I Claim If I Was Not Wearing PPE When I Was Injured?

Quick Summary

• Not wearing PPE at the time of your accident does not automatically prevent you from claiming compensation
• Employers have a legal duty under the Personal Protective Equipment at Work Regulations 1992 to provide suitable PPE free of charge, ensure it fits, and make sure it's actually used
• If your employer didn't provide PPE, didn't maintain it, or didn't enforce its use, responsibility may sit largely or entirely with them
• If you genuinely chose not to use PPE that was properly provided and required, your compensation may be reduced for contributory negligence — but this usually reduces, rather than defeats, a valid claim

Does not wearing PPE mean I can't claim?

No — not automatically. Whether you can claim, and how much your compensation might be affected, depends heavily on why you weren't wearing it at the time.

Employers have specific legal duties under the Personal Protective Equipment at Work Regulations 1992: to provide suitable PPE free of charge where a risk cannot be adequately controlled by other means, to ensure it fits properly, to maintain and replace it, and to provide instruction and training on its use. If your employer failed in any of these duties, the fact that you weren't wearing PPE may reflect their failure, not yours.

Situations where responsibility usually sits with the employer

• PPE was never provided for the task, or wasn't available on the day
• PPE was provided but didn't fit properly, or was damaged, worn out, or the wrong type for the hazard
• No training or instruction was given on when or how to use it
• Use of PPE wasn't enforced or supervised, even though your employer knew workers commonly went without it
• You weren't told the task carried a risk requiring PPE in the first place

In these situations, an employer cannot fairly point to your lack of PPE as the cause of the accident, when the underlying reason was their own failure to provide, maintain, train on, or enforce its use.

Situations where your compensation might be reduced

If PPE was properly provided, well-maintained, and you had been trained and instructed to use it, but you made a personal decision not to on the occasion of the accident, this can potentially amount to contributory negligence — meaning your compensation is reduced by a percentage reflecting your share of responsibility, rather than the claim failing outright. For example, if you were found 20% responsible on what would otherwise be a £30,000 award, you would still recover £24,000.

Contributory negligence is assessed on the specific facts — it is not automatic just because PPE wasn't worn, and an employer still needs to show they met their own duties before this becomes the central issue.

What if my employer only provided PPE after the accident?

This can itself be significant evidence — it may indicate the employer recognised the risk but hadn't properly addressed it beforehand, which supports rather than undermines a claim.

What evidence is useful?

• Records (or absence of records) showing when PPE was issued and to whom
• Training or induction records covering PPE use
• Photographs of the PPE actually available on site, if any
• Witness accounts of whether PPE use was generally provided, maintained, and enforced
• The accident book entry and any risk assessment for the task involved

Frequently asked questions

What if I was never actually trained on how to use the PPE I was given?

This is directly relevant. An employer's duty extends beyond simply handing over equipment — it includes proper instruction on its use. Untrained use, or PPE that doesn't fit because it was never properly assessed, points toward employer responsibility.

Can contributory negligence completely wipe out my claim?

It's possible in principle for a very high percentage of fault to be found, but this is unusual — contributory negligence findings in PPE cases are typically a percentage reduction, not a complete bar, particularly where the employer also had gaps in what they provided or enforced.

Should I mention the PPE issue myself, or let my solicitor find out?

Be upfront with your solicitor from the outset. They need the full picture — including anything that might count against you — to properly assess your claim and represent your position honestly.

Not sure how the PPE question affects your claim?

A specialist solicitor can assess your specific circumstances honestly, including how any PPE issue is likely to be treated.

Free case assessment

Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.