Since the government imposed a nationwide lockdown on 23 March, fears around the safety of ‘key workers’ – those who must work in order to keep public services operational – have grown exponentially.

There are growing concerns of a lack of Personal Protective Equipment (PPE), such as masks and gloves, and failures from employers to implement social distancing policies and adequate testing of key staff.

Gerard Stilliard, head of personal injury strategy, discusses the risks being run by those fighting on the frontline during the coronavirus (COVID-19) pandemic.

Who is a key worker?

Key workers are employees who perform a vital role in helping maintain the UK’s public services.

The most obvious examples are those working in healthcare, such as doctors, nurses, paramedics and care workers. It is these workers who are directly supporting the nationwide response to the coronavirus (COVID-19) pandemic.

Other examples include teaching staff, those working in ‘blue light’ services, local and national government staff, transport workers, shop workers, delivery drivers, and some workers in utilities, communication and financial services.

What are the risks of illness and injury for healthcare workers?

The biggest risk – and the one that is making a number of headlines – is a lack of PPE. For healthcare workers, adequate PPE in all close patient contact settings would include gloves, surgical face masks, plastic overshoes, eyewear and full-length protective gowns.

When working in higher-risk acute areas, including when carrying out aerosol generating procedures, more equipment may be necessary, including FFP3 respirators.

Unfortunately, it appears a significant proportion of healthcare workers are not receiving adequate PPE, with the British Medical Association reporting on how doctors have been “forced into impossible situations as NHS staff report dangerously low levels of PPE”. This is far from an isolated story and an issue that continues to dominate workplaces across the UK.

Even when PPE is available, it may not be appropriate for the worker using it. There have been reports of hospitals abandoning ‘fit-test’ checks – a process which ensures health workers wear the right size masks and that they do not leak – meaning that even when healthcare staff are wearing PPE, they might not be protected. There is evidence that this is an even greater problem for women.

What about other frontline staff?

The same rules apply for other frontline staff too. Unions representing various sectors, such as retail, construction, transport and communication services have urged employers and the government to make sure all key workers are protected from harm. This includes providing PPE, enforcing social distancing regulations, and other adaptations to the workplace (such as protective screens for bus drivers or supermarket staff).

Sadly, there have also been concerns raised about abuse of key workers too, such as for shop workers – highlighted by USDAW in a recent comment online. Such abuse could of course cause physical and psychological trauma to an employee, in addition to the aforementioned health risks.

Will frontline staff who were put at risk of illness or injury by their employers be entitled to make a compensation claim?

If your employer’s failure to comply with regulations - or official guidance - has caused you to contract COVID-19, you may be eligible to make a claim for compensation.

If your employer has either directly requested, or permitted, you to work since the lockdown came into force on 23 March, they may be in breach of the Health and Safety at Work etc. Act 1974, which states that it is “the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.”

Employers must:

  • Assess the risks at work of coronavirus (COVID-19);
  • Implement preventive measures;
  • Monitor and review working conditions in consultation with employees and health and safety representatives.

How do I make a personal injury compensation claim?

Thompsons Solicitors has been representing those injured at work for almost a century, succeeding in securing compensation for millions of people to cover the costs of, loss of earnings and pension, rehabilitation, medical care and more.

A personal injury claim must be made within three years of the date when you realise that you have a significant condition which may be related to your work. There can be exceptions to this rule, however.

If you have suffered a personal injury, our expert team are here to help. You can call our friendly team on 0800 0 224 224 or start a claim here.