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Workers who are exposed to violence and assault such as the Police and the Army have the right to be provided with sufficient protective clothing from their employees. This should be regularly checked to ensure that it is of the right fit and is in good working order. If the kit is damaged and the worker is injured as a consequence, the employer has every right to make a personal injury claim against their employee for negligence.
In 2010, a community enforcement officer was awarded compensation after being injured due to the wearing ill-fitting protective clothing. Because of the high risk situations that they can become involved with, the officers have to wear protective clothing at all times to protect themselves from stabbings and other forms of assault.
The Teeside officer therefore had to wear the badly fitting body armour for long shifts while working for Stockton Borough Council. The 31-year-old complained to his employers of back and shoulder pain due to the poor fit of the armour in September 2006 but his complaint was not taken seriously until he was put on light duties in June 2007.
Middlesborough County Court found Stockton Borough Council failed to provide the officer with protective equipment and awarded him £2,000 in personal injury compensation.
It was found that the officer had been given second-hand armour from Northumbria Police and the Kevlar plates inserted in the back and front were different sizes. The weight variation meant that the officer was pulled to the left and had to compensate by readjusting his body, resulting in the work injury.
Unison, the union which represents the community enforcement officer said:
"Community enforcement officers deal with potentially dangerous situations. If they do not get the right equipment to do their job, it could put their lives at risk."
Employers have a duty to not only provide sufficient safety equipment, but to also make regular checks to ensure that the equipment is in good working order.
Make a claim with YouClaim today
If you have suffered a work-related injury caused by insufficient protective clothing, you could be eligible for personal injury compensation.
At YouClaim, our team of personal injury lawyers have years of experience helping clients gain the compensation that they deserve following an accident at work.
Thanks to our no win, no fee policy, making a claim with YouClaim is free, meaning that regardless of the outcome of your claim, you will never have to pay a single penny.
Why not call us today to find out more about work accident claims? Our friendly advisers can help you get the personal injury compensation that you deserve.
