Adequate training is crucial to creating a safe environment in any workplace. It ensures that workers are aware of the risks inherent in their work environment and how to minimise these risks. If you’re injured at work because you weren’t trained properly, you could sue your employer for your injuries and suffering.
This guide to claiming compensation for inadequate training in the workplace will explain the process of making a claim against your employer and what evidence you might need to support your case.
We can help you to begin the claims process by reviewing your case for free. During your no-obligation consultation, an advisor will explain your options and offer free legal advice. If the merits of your case are strong enough, we could appoint one of our personal injury solicitors to represent you. Should they agree to do so, you’ll find the process is a lot less stressful as they’ll represent you on a No Win No Fee basis.
If you’re ready to begin an inadequate training compensation claim today, call us on 0800 6524 881. Alternatively, please read on to learn more about your options.
Table of contents
- Am I Eligible To Claim Compensation For Injuries Caused By Inadequate Training At Work?
- Occupations At High Risk Of Injuries From Inadequate Training In The Workplace
- What Employers Can Do With Regards To Providing Adequate Training At Work
- Employer Negligence Leading To Inadequate Training Injuries
- Workplace Injuries Relating To Inadequate Training
- How Much Compensation For Inadequate Training In The Workplace Could I Claim?
- Evidence To Support An Inadequate Training Compensation Claim
- Time Limits For Making An Inadequate Training Injury Claim
- Starting An Inadequate Training Compensation Claim
Before one of our accident at work solicitors will take on your claim, they’ll want to check whether:
- Your employer breached their duty of care towards you; because
- They were negligent in relation to your training; and
- You sustained injuries because of that negligence.
Importantly, your employer cannot stop you from taking action against them for your injuries due to inadequate training at work. So long as your claim is honest, you cannot be demoted, sacked, picked on or treated differently. If action were to be taken against you, your solicitor may be able to help you claim for unfair or constructive dismissal in a separate legal action.
According to the Health and Safety Act 1974 section 2.2c, an employer’s duty toward their staff’s safety extends to “the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees”. Additionally, due to the Management of Health and Safety at Work Regulations 1999 employers must also conduct risk assessments to identify where safety training is vital. For example, they might need to assess new dangers in the workplace before allowing an employee to work.
Other Acts and Regulations cover terms regarding specific health and safety training, such as handling asbestos, First Aid training, handling work equipment, and exposure to toxic substances, among others.
Every occupation has its own unique training needs but there are a few professions that require especially extensive training because of the nature of the job, and the type of equipment used.
These are some of the occupations at high risk from inadequate training injuries:
- Construction workers – falls from height due to negligence while working on scaffolding, ladders and higher floors.
- Factory and warehouse workers – various injuries resulting from the incorrect use of industry-related equipment or machinery.
- Electricians – electrical shock injuries from negligence when handling electrical equipment.
- Shipping and dock workers – back injuries caused due to improper lifting procedures.
- Vehicle mechanics – back injuries from working extended hours in awkward positions.
- Refuse collectors – back injuries from incorrect lifting and hoisting procedures.
- Kitchen workers – burns in restaurants from not being adequately trained on handling hot equipment.
- Laboratory workers and those who work in manufacturing – long-term medical conditions that develop because of exposure to hazardous chemicals.
In addition to providing workers in these industries with proper personal protective equipment, employers must also provide workers with appropriate training in order to minimise the risk of accidents and personal injuries. In most cases, adequate training is a key factor in preventing accidents and injuries in any workplace.
As mentioned earlier, employers are required by law to conduct risk assessments of their workplace and provide all workers with the training necessary to perform their jobs safely without endangering themselves or other employees and workers.
Depending on the type of workplace and the risks involved, this training might include:
- How to operate industrial machinery and equipment correctly.
- Proper techniques to use when lifting and putting down heavy items or large unwieldy objects.
- How to handle electrical equipment.
- The correct way to wear personal protective equipment such as safety helmets, protective goggles, safety boots, heavy-duty gloves, and noise-cancelling aids.
- What to do in case of a fire.
- What to do in case of any other emergency.
- What to do and what not to do while at the workplace.
An important aspect of workplace training is that it should be regularly updated and employees must be provided with regular refresher training so they can stay abreast of the latest safety procedures. Workers who are inexperienced, pregnant, or have some disability are particularly vulnerable to workplace injuries and must be provided with specialised training that will help minimise the risks to themselves and others around them.
There are various ways in which your employer could be found negligent when it comes to not training you adequately. You could be eligible to claim compensation if you were injured because:
- You weren’t shown how to operate industrial machinery or plant equipment properly.
- Proper training wasn’t provided on how to use Personal Protective Equipment (PPE claims) properly.
- Safe manual handling training was not provided.
- You weren’t trained on how to use the emergency stop button on a piece of electrical machinery.
- The company’s fire procedures were not explained clearly.
- You weren’t aware of where to find the company’s general safety policy.
- You were injured because a colleague had not been trained properly
As stated above, some training must be refreshed at set intervals or it could become out of date. Therefore, even if you have been injured in an accident at work and have been trained some time ago, it may be worth speaking to our team to check your eligibility to claim compensation.
Our solicitors could essentially help you claim for any type of injury linked to inadequate training in the workplace. We won’t list them all here but some common injury claims we deal with include:
If you feel that poor training has caused you to be injured in an accident at work, please call our team to see if we could help you start a claim.
If your employer fails to train you properly and you’re injured in the workplace as a result, you could receive a compensation payout based on how you’ve suffered (general damages) and any costs you’ve had to pay out as a result.
Each case is unique but generally, a compensation payout for inadequate training in the workplace could cover:
- The physical pain endured during and after your accident.
- Any mental harm caused by the incident including suffering caused by anxiety, stress or depression or similar conditions such as PTSD.
- Compensation for lost earnings if you couldn’t work as a result of your injuries.
- Care costs relating to the time taken by a friend, relative or carer that looked after you while you recovered from your injuries.
- The cost of replacing personal property (clothing, jewellery, phones etc) that was damaged/destroyed during the accident.
- Medical expenses including private medical care and physiotherapy.
- Fuel costs, parking fees, and public transport fares related to your claim.
- The cost of having to make adaptions to a vehicle or your home to enable you with coping with an ongoing disability.
- Any future income losses if your earnings will be adversely impacted by your injuries in the future.
Before filing an inadequate training injury claim, our solicitors will always review your case in full detail to make sure that you’re compensated properly for all aspects of your suffering.
So that you can get some idea of compensation amounts for various injuries, we’ve added a useful compensation calculator.
Please bear in mind these figures cannot be guaranteed as each inadequate training injury claim is unique. To ascertain the extent of your injuries, you’ll typically need a medical assessment during the claims process. This will be conducted by an independent expert who will examine you and discuss your injuries with you before offering a prognosis in a written report.
If you have any questions thus far and would like to speak to an advisor right away, please call us on 0800 6524 881.
The types of evidence that could help to win an inadequate training compensation claim include:
- Your training records. You could ask your employer to provide a copy of your training record to help prove any gaps in your safety training.
- Accident report forms. These could help to prove the date, time and location of your accident. A form should be provided at the time you reported the accident but can be requested later if necessary.
- Medical records. To help prove the severity of your injuries, your solicitor could ask for a copy of your hospital or GP records.
- Witness information. If your accident was witnessed by others, your solicitor could ask them to provide a statement of what they saw.
- Photographic evidence. You should send your solicitor any photographs you took at the accident scene. Where possible, this should show the root cause of your accident.
- CCTV footage. If your employer uses security cameras, you are allowed to request a copy of any relevant footage of your accident. Do so quickly, though, as data isn’t usually retained for too long.
If you call for a free case review, we’ll consider any evidence you’ve already obtained. Therefore, if possible, please collate it and have it to hand when you contact us.
In the UK, personal injury claims have a 3-year time limit. The start of that period will begin from:
- The date you were injured; or
- The date your injuries were diagnosed by a medical professional.
In our experience, it’s often better to begin an inadequate training injury claim sooner rather than later. That’s because there is plenty of work to do such as evidence gathering that will take some time before your claim can be filed.
The time it will take to finalise your claim can vary. Where you have sustained minor injuries and your employer accepts that they were to blame straight away, you might be paid compensation in around 6-months or so. However, more complex cases can take more than a year. However, in cases where liability has been accepted but more time is needed to understand your injuries, your solicitor could ask for interim payments to be made to cover any immediate costs such as lost income or private medical treatment.
If you would like to take action because you’ve been injured due to a lack of training at work, please call our team on 0800 6524 881. By doing so, your claim will be reviewed, for free, and you’ll be given free advice about your options. If your claim appears viable and you’d like to start the process, we could pass it to one of our personal injury solicitors who’ll process your claim on a No Win No Fee basis.
If you’ve any more questions about making an inadequate training compensation claim, please use live chat or call our team on the number above.