Personal Injury Lawyers – The Employer’s obligation to provide PPE

Has the Failure of an Employer to Provide Personal Protective Equipment Resulted in the Serious Injury to You or the Death of Another?

Certain types of employment require employees to wear special protective equipment to avoid injury. When an employee is injured on the job, their employer may be held liable for these injuries. The amount of financial compensation that may be received for these injuries will turn on the specific circumstances of the accident that you were involved in. The Occupational Safety and Health Administration requires employees to use personal protective equipment (PPE) under certain circumstances. If the employer is obligated to provide you with this equipment, then they will have to have some kind of program in place to ensure that their employees wear their protective gear and comply with OSHA requirements. Legally speaking, the question that naturally arises is whether or not it is your employer’s fault if you were not wearing personal protective equipment and you suffered an injury.

The type of occupation that you have and the hazards that you are exposed to will determine what you have to wear. Employer liability comes about when your employer fails to inform you of these dangers and provide you with the appropriate protective gear. If this occurs, you may be able to assert employer negligence in order to recover for your losses. OSHA is an agency that is responsible for ensuring that employees are safe and work under nonhazardous conditions. Therefore, when an employer disregards these regulations, they should be held liable for any injuries. This article will discuss the types of equipment often used and whether you may be capable of holding your employer liable based on their failure to provide you with the necessary protections.

What are the Employer’s Obligations?

Employers and employees alike should ensure that there is a safe work environment. However, certain obligations are imposed explicitly on employers. They are responsible for performing ‘hazard assessments’ of the work environments to evaluate any potential hazards. Secondly, they must identify the necessary PPE for their employees and ensure it is provided. They then have to train their employees in using the equipment correctly. Maintaining the protective equipment is also their responsibility, and they must replace any damaged or worn-out equipment. Lastly, they should continuously review and update their PPE program to ensure it is running effectively and providing the intended protection.

Types of Personal Protective Equipment

Eye and Face Protection

Many hazards can present serious dangers to the face and the eyes in certain types of occupations. If the employee happens to be exposed to chemical substances, acids, or flying particles, then they should have the protection provided for their eyes and face. Common injuries that occur to this part of the body in the workplace are actually caused by improper eye protection that fails to guard the employee from these hazards. Consequently, the employer must make sure that the protective face and eye equipment fits each worker properly and will protect him or her from these dangers.

The common types of eye and face protection that are used include goggles, face shields, welding shields, laser safety goggles, and safety spectacles.

Ear Protection

When employers evaluate what types of hearing protection to provide to their employees, OSHA has a list of factors that may guide them in the right direction. They need to consider how long the employees are exposed to this noise and its loudness. They also must look at whether or not the employees are moving between different work areas that have different noise levels and whether the noise is generated from a single source or a number of different sources.
Earmuffs, pre-formed or molded earplugs, and single-use earplugs are the most common types of ear protection used.

Foot and Leg Protection

If employees are employed in an occupation exposed to possible foot and leg injuries, they should be required to wear protective footwear. This also applies if your job exposes you to poisonous materials or dangerous substances that could injure any exposed body part, such as your feet or legs. Some scenarios where foot and leg protection would be necessary would be if you work with heavy objects that may roll onto your feet, or work with sharp objects that could penetrate through the soles or tops of shoes. Moreover, if you are exposed to molten metal or work around hot, wet surfaces, or when electrical hazards exist.
Toe guards, safety shoes, combination foot and shin guards, and leggings are some examples of foot and leg protection.

Body Protection

Additional equipment should be used if there are inherent dangers of bodily injury associated with a certain profession that cannot be eliminated. Examples would be if you were exposed to temperature extremes, hazardous chemicals, etc. Certain types of fabric, such as treated wool and cotton, leather, dock, paper-like fiber, and rubberized fabrics, can protect you from these dangers.

Head Protection

Last but not least, protecting employees from suffering head injuries is incredibly important. This is because head injuries typically result in lifelong injuries or even death. Hard hats are the most common type of personal protective equipment because there are a number of jobs that involve potential head injuries. Some of these jobs would be carpenters, plumbers, welders, electricians, and many more. There are several different types of hard hats, all of which provide excellent protections to ensure that employees do not suffer one of these traffic accidents.

Does Your Employer’s Negligence Matter?

Under Texas law, if your employer subscribes to workers’ compensation, you are barred from suing them for their negligence. Workers’ compensation is a state-regulated form of insurance that employers may purchase in order to limit their liability significantly against employee injuries on the job. If they fail to provide you with personal protective equipment, you cannot sue them for their negligence. You may only recover against them under workers’ compensation.

Comparatively, if they are a nonsubscriber, failing to provide you with this equipment will constitute negligence, and that alone may be enough for you to win your case. A nonsubscriber is an employer who has chosen not to opt into state-run workers’ compensation.

All of these different elements can seem confusing at first glance; however, with the right attorney in charge of your lawsuit, you stand to receive a sizable sum in compensation for your loss. Work injuries can be both physically and financially crippling, especially if you are not able to return to work and suffer lost wages. The attorneys at Our Law Office have been representing clients all over Texas in their personal injury lawsuits. We can guarantee you that we will work diligently on your case so that you can receive the maximum recovery you truly deserve. To discuss your lawsuit in greater detail and receive a free consultation, contact Our Law Office.