The COVID-19 pandemic posed significant challenges for healthcare systems worldwide, including NHS workers in Scotland. One critical element in ensuring their safety is the provision of the Personal Protective Equipment at Work Regulations 1992 (PPE).
However, the shortage and inadequate supply of PPE raised concerns about potential personal injury claims for Scottish NHS workers due to the lack of protection during the pandemic. This article aims to provide information and guidance for Scottish NHS workers considering personal injury claims related to insufficient PPE.
Understanding duty of care
Employers have a legal duty of care to provide a safe working environment for their employees, including the provision of suitable PPE to safeguard against known risks. This duty is primarily governed by the following legislation:
- Health and Safety at Work etc. Act 1974 : This legislation sets out the general duties of employers to ensure the health, safety, and welfare of their employees, as well as others who may be affected by their work activities. It requires employers to provide a safe working environment, including the provision of appropriate PPE, training, and risk assessments.
- Personal Protective Equipment at Work Regulations 1992: These regulations specify the requirements for the provision, use, and maintenance of PPE in the workplace. Employers have a legal obligation under Regulation 4 to provide suitable PPE to protect their employees against health and safety risks, including those posed by infectious diseases such as COVID-19.
- Management of Health and Safety at Work Regulations 1999 : These regulations require employers to assess and manage risks to the health and safety of their employees. This includes identifying hazards, implementing control measures, and providing adequate training and supervision. Employers must consider the specific risks associated with the COVID-19 pandemic and ensure the provision of sufficient PPE.
Assessing breach of duty
To determine if there has been a breach of duty, it is necessary to establish that the NHS employer failed to provide adequate PPE to their staff. This breach may occur due to reasons such as supply chain issues, insufficient stockpiles, or delayed distribution. It is crucial to demonstrate that the employer's actions or inaction directly contributed to the personal injury suffered by the NHS worker.
Compensation and potential damages
If successful, you may be entitled to various forms of compensation, including damages for physical and psychological injuries, loss of earnings, medical expenses, and associated costs. The legal process typically involves in gathering evidence, such as medical records, witness statements, and expert opinions, to support the claim.
How long do I have to make a claim?
Generally speaking, an individual over the age of eighteen has three years from the date an injury was suffered to begin a personal injury claim.
If you have suffered an injury due to a lack of PPE, and think you may have a claim, please contact us on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you as soon as possible.
