Can I Sue My Employer for Not Providing Personal Protective Equipment (PPE)?

Employers have a duty to provide a safe working environment, and personal protective equipment (PPE) goes a long way toward keeping workers safe. However, as often seen, employers want to save money and minimize spending, so they may fail to provide PPE or provide equipment that is not up to industry standard.

What happens when an employer fails to provide personal protective equipment? Can you sue your employer, and what remedies are available to you? This blog explores the legal options available, employers’ responsibility for PPE, and what you should do if injured at work.

If you need additional help understanding your rights as an injured worker, our Terry Bryant Accident & Injury Law team can shed more light. Also, our work injury lawyers can provide guidance if you don’t know the steps to take after an on-the-job injury. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case review.

Why Choose Our Terry Bryant Accident & Injury Law Team?

Suffering a workplace injury due to the lack of personal protective equipment is an act for which you require justice. At Terry Bryant Accident & Injury Law, we will ensure your employer is held accountable for your injuries and provides you the help you need by paying you benefits through their insurance – whether through workers’ compensation insurance, arbitration, or litigation.

We have successfully represented the interests of injured workers throughout various Texas counties and can help you either receive your entitled benefits or get fair compensation through the court system. We know what it takes to win and get employers to do their duty, and we will never back down from a fight, even if we are up against a large corporation.

The well-being of our clients is always our priority, so we will protect your rights and guide you to take actions that benefit your case. Contact us today to learn more about how we help injured workers.

Workplace injury cases can be complex, so we approach each case with a legal strategy to address its unique issues and secure a favorable outcome. 

Are Employers Supposed to Provide Personal Protective Equipment in Texas?

The Texas Hazard Communication Act (THCA) Rules define appropriate PPE as equipment provided to an employee by the employer that offers adequate protection from chemicals to which the employee may be exposed. Employers must also ensure the appropriate selection, fit testing, and functionality of personal protective equipment issued to employees and provide training on the maintenance and storage of PPE.

The type of PPE workers get depends on the hazards present in their workplace. The following are some common examples of personal protective equipment employers are to provide in the workplace:

• Eye and Face Protection: This includes safety glasses, goggles, and face shields to protect employees against chemical splashes, flying particles, and harmful light radiation.
• Head Protection: This includes hard hats or construction helmets to protect employees from falling objects and electrical hazards.
• Foot and Leg Protection: This includes safety shoes with metal toe protectors, chemical-resistant boots, and non-conductive footwear for protection against electrical hazards.
• Hand and Arm Protection: This includes gloves made of neoprene, rubber, or kevlar for protection against cuts, abrasions, and chemicals.
• Respiratory Protection: This includes respirators to protect employees from inhaling fumes, harmful specks of dust, and vapors.
• Hearing Protection: This includes earplugs or earmuffs for protection against noise levels above 85 decibels.

Texas Health and Human Services mandates adequate PPE protection to ensure employee health and safety based on current industry standards. In selecting PPE, employers must consider all possible routes of entry, the permeability of PPE materials, the duties being performed by the employee, hazardous chemicals present, and other factors that may affect equipment performance.

Employers must ensure that the equipment properly fits individual employees and is functional for its intended use as described by the manufacturer’s specifications. 

Can I Sue My Employer for Not Providing Personal Protective Equipment (PPE)?

Texas’s workers’ compensation law keeps employees from suing their employers for work-related injuries and illnesses. Therefore, if your employer fails to provide personal protective equipment and you sustain injuries, you can file a workers’ compensation claim. To be eligible for workers’ compensation, your injury must be work-related, and you must report your injury to your employer within 30 days.

Afterward, you can file a claim with the Texas Department of Insurance, Division of Workers’ Compensation (DWC), within one year. If your claim is successful, you will receive benefits for medical expenses, income replacement, and rehabilitation costs. Income benefits cover temporary income benefits, impairment income benefits, and supplemental income benefits.

Workers’ comp benefits employers by keeping them safe from lawsuits since it is not a fault-based system. However, Texas does not mandate that all private employers have workers’ compensation insurance. If your employer does not have workers’ comp, they will be referred to as non-subscribers, and you can sue them for benefits in case of a work injury from lack of PPE.

Determining your employer’s liability for PPE is crucial to getting compensation if you decide to sue. Thus, you must show that your employer was negligent when seeking compensation. This entails showing that your employer owed you a duty of care — to provide PPE — and breached the duty by failing to provide PPE. Also, you must establish that the breach by your employer caused your injuries and that you suffered damages for which you deserve compensation.

The upside of being able to sue your employer is that you can recover damages beyond what is allowed in the Texas workers’ compensation system. Our lawyers will explain these damages and how much you stand to get when you come for the initial consultation. 

When Am I Allowed to Sue My Employer in Texas?

As mentioned, if your employer fails to provide personal protective equipment, they might be deemed negligent, especially if it leads to severe injury or death. In such an instance, you can file a lawsuit to recover damages. Unlike the workers’ compensation system, you can receive economic and non-economic damages.

Economic damages are awarded to compensate for monetary losses and are easy to calculate because they have a fixed value. On the other hand, non-economic damages are hard to calculate as they are intangible losses and have no fixed value. The two cover the following:

• Medical expenses (hospital stays, surgeries, medications, physical therapy, and other medical treatments)
• Lost wages
• Future medical expenses (anticipated costs for ongoing medical care and rehabilitation)
• Loss of earning capacity
• Out-of-pocket expenses
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium.

Our personal injury attorneys can help you evaluate your losses to determine your case’s worth. We will also advocate for you to get maximum compensation.

What Should I Do if I Am Injured at Work?

If you sustain a workplace injury, ensure you do the following to safeguard your rights:

• Report the Injury: Notify your employer of the work injury as soon as possible, and within 30 days. It might affect your eligibility for workers’ compensation and your ability to receive it if you don’t.
• Seek Medical Attention: Get medical care immediately, even if the injury seems minor. Inform the healthcare provider that the injury occurred at work so it can be adequately documented, as your medical record will serve as evidence.
• Document the Incident: Keep detailed records of the accident, including the date, time, location, and any witnesses. If possible, take photos of the injury and the scene.
• File a Workers’ Compensation Claim: Again, submit a claim with the Texas Department of Insurance, Division of Workers’ Compensation (DWC), as soon as possible, and within one year of the injury. If your claim with the DWC succeeds, the amount you’ll receive will help cover medical expenses and lost wages.
• Follow Up on Medical Appointments: Ensure you follow all medical appointments and stick to your doctor’s treatment plan. Maintain communication with your employer, but be mindful of what you say, to avoid affecting your case.
• Consult an Experienced Attorney: It is vital to have legal representation when seeking compensation for a workplace injury. We will inform you of your rights and options and develop a legal strategy to help you achieve your goals.

Were You Injured at Work? Contact Our Work Injury Lawyers Now!

Dealing with and establishing employer liability for PPE can be challenging, and some employees prefer not to do so for fear of retaliation. This is why you should have legal representation. With our attorneys representing you, your employer will take you and your work injury claim more seriously.

We will also protect you from insurance companies looking to take advantage of you and ensure they don’t cheat you out of what you’re entitled to. Our Terry Bryant Accident & Injury Law team works on a contingency fee basis. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential case evaluation.