By Danielle Graves. Last Updated 18th May 2023. Employers are responsible for ensuring the health and safety of their employees when they are at work as much as reasonably possible. This includes providing employees with adequate training to make sure that they can carry out their tasks safely.
At Legal Helpline potential claimants often ask us, “I received inadequate training at work – am I eligible to claim?”. If you or a colleague did not receive workplace training that was needed to complete the task safely and this led to an accident in which you were injured, you may be eligible to claim compensation for your injuries.
Call Legal Helpline today for free to discuss the possibility of making an inadequate training claim or an accident at work claim. We will be happy to answer any questions you may have and if we can see that you are eligible to claim compensation, we will provide you with an experienced personal injury solicitor to handle your claim.
Call us today on 0161 696 9685 or use our online claims form to reach us. If you have legitimate grounds to claim compensation for an accident at work we could connect you with a solicitor best suited to your case to handle your claim, so call us today.
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- Can I Claim If Injured Due To No Proper Training At Work?
- What Training Should An Employer Provide?
- Workplace Health And Safety Regulations
- Injuries Which Could Be Caused By Inadequate Training At Work
- Occupations Which Could Be At Greater Risk Of Injuries At Work
- Proving That Your Employer Has Been Negligent
- How Else Could You Be Compensated?
- Calculating Compensation For Injuries Due To Inadequate Training At Work
- Steps To Take If Injured Due To A Lack Of Training At Work
- Why Let Our Team Handle Your Claim?
- No Win No Fee Claims For Injuries Due To Inadequate Training At Work
- Talk To Our Legal Helpline
- Work Accident Claim Resources
When you are at work, your employer owes you a duty of care. This means that your employer is responsible for ensuring that your working environment or an offsite environment that they have some control over is safe and hygienic. If an employee or worker is injured at work because their employer acted negligently, the employee may be eligible to claim compensation for their injuries. Part of an employer’s responsibility is to provide workers with adequate training so they can carry out their duties safely. Therefore if an employee becomes injured, or injured a colleague because they were inadequately trained the employer could be held liable for their injuries. Therefore the employee may be able to make an inadequate training injury claim for compensation.
If you have suffered an injury due to inadequate training at work and are wondering “Am I eligible to claim compensation?” Call Legal Helpline today to speak to an advisor. If we believe that your employer is responsible for your workplace injuries we will connect you to an accident claims solicitor to your case who will start working on your workplace accident compensation claim as soon as possible. Alternatively, if you wish to learn more about making a claim for an inadequate training injury continue reading this guide.
What Is The Accident At Work Claim Time Limit?
In addition to proving that negligence occurred, you must ensure that you start your claim within the accident at work claim time limit. Generally, this is three years from the date of the workplace accident.
However, for certain parties claiming for injuries they suffered due to inadequate training, there are exceptions to this time limit. These include:
- Those who lack the mental capacity to make a claim for themself. For these cases, the time limit is suspended indefinitely. However, during this suspension, a court-appointed litigation friend could make a claim on their behalf. Should the injured party regain their capacity to claim, they will have three years from the date of this recovery to do so if one has not already made on their behalf.
- Those under the age of 18. For these injured parties, the time limit is paused until they turn 18. A litigation friend could make a claim for them prior to their 18th birthday. If a claim has not been made by their 18th birthday, they will have 3 years to start one.
If you have any questions about what steps you could take if you have been injured due to no proper training at work, please get in touch with our advisors.
The Management of Health and Safety at Work Regulations 1999, emphasise the importance of health and safety in the workplace. Not all employees need training but some specific jobs require training to do the task safely it is important that employers provide such training for employees to enable them to safely do their job. Most employers require employees to undergo induction training when they are new to the workplace. A lack of training for new employees can result in poorer performance later in their working life. Employers usually provide existing employees with regular in-work training throughout their time with the business or organisation. How does training affect performance? Taking the time to invest in training new and existing employees, will make sure that they are aware of the health and safety requirements of their job. It is also likely to improve their performance in work, thus providing a positive return on investment.
What health and safety training should employers provide? Depending on the tasks employees need to carry out, the following types of training at work may be helpful:
- Manual handling training. This is training on how to lift and carry heavy objects safely.
- How to use industrial machinery and equipment safely.
- When and how to use the correct personal protective equipment (PPE).
- Correct handling of electrical equipment.
- Emergency training. For example what to do in case of a fire.
In addition, employers may require employees to have certain qualifications before they begin a job. Or employees may have to undergo industry-specific training such as food hygiene training if they work in a restaurant kitchen.
What are the reasons for the lack of training that some employers give? Unfortunately, some employers do not always train staff accordingly. Training employees costs money. It also costs time, as training time takes employees away from their daily tasks at work. However not providing training, or providing inadequate training at work could lead the employer to be liable in an accident at work.
In the UK workers and employees are protected by health and safety regulations. The main regulations are the Health and Safety at Work Act 1974. In addition, employees are protected by industry-specific regulations or regulations with regards to certain types of tasks (for example regulations about excessive noise levels at work to protect workers from industrial deafness). We will look at the two main workplace safety regulations in more detail now.
Health and Safety at Work etc. Act 1974
Employers are responsible for providing employees with a safe and hygienic working environment and owe their employees and workers a duty of care when they are at work. Employers must provide workers with adequate resources in order to do their jobs safely including adequate training and possibly protective equipment.
To help employers create a safe working environment employers could carry out regular risk assessments of the premises or off-site environments with which they have some control. If any health and safety hazards (things that pose a risk to workers) are identified, an employer must apply control measures to remove the risk or reduce the risk.
The Management Of Health and Safety at Work Regulations 1999
The Management of Health and Safety at Work Regulations 1999 is also key when it comes to the workplace being a safe environment. It is vital that if a certain position requires training to do the job safely that the training is provided adequately so no one is harmed in the process and also that the job is done correctly.
If an employee did not receive workplace training that was required and was injured on that specific task, they may be eligible to claim compensation for their injuries.
All sorts of environments could be potentially hazardous to workers, from offices and shops, to warehouses and factories. Here are some examples of workplace injuries that could potentially happen if an employee is inadequately trained:
- Chefs and kitchen workers can experience burns, due improper use of cooking equipment.
- Mechanics can experience back injuries and other musculoskeletal injuries having stayed in an awkward position for too long.
- Ladders and scaffolding that has not been set up properly can cause construction workers to fall from a height.
- Electricians who handle electrical equipment improperly can suffer from an electric shock.
- Improper use of machinery at a factory or industrial plant can result in injuries such as hand crushing injuries.
- If refuse collectors do not receive adequate manual handling training, they can suffer back injuries from lifting and/or carrying heavy items.
- Laboratory workers who handle hazardous chemicals can become ill, if they are not properly trained how to use PPE and other safety equipment properly.
These are just some examples of how inadequate training at work can lead to workplace accidents and injuries. If you have been injured at work because you or an employee received inadequate training, you may be eligible to claim for an inadequate training injury. Call Legal Helpline today and if we believe that you are eligible for compensation we will connect you to a skilled personal injury solicitor to start working on your claim right away.
Anyone can suffer an accident at work which was caused by a lack of training. However some professions are inherently more risky than others. If people working in the following fields did not receive workplace training on health and safety they could be more at risk:
- Dock and shipyard workers
- Construction workers
- Chefs, kitchen porters and fast-food workers
- Factory workers
- Warehouse workers
Employers should also take extra steps to ensure that they protect workers who might be more vulnerable to injury. For example more inexperienced workers, workers who are pregnant and workers who have a disability. This may include training other employees on how to help them.
At Legal Helpline we receive enquiries from many members of the public asking, “I had an accident caused by inadequate training at work – am I eligible to claim?”. If your accident happened because you were assigned tasks your employer knew you had not been adequately trained for, could be eligible to claim compensation for your injuries. However, your solicitor, if you choose to use one, will have to prove this is the case in order for your inadequate or incorrect training injury claim to be successful. In some circumstances, the employer may try to blame the employee for the accident, for example arguing that they had not shown due care and attention when carrying out their tasks.
To prove that you were injured due to a lack of proper health and safety training, rather than clumsiness or human error, your solicitor will look at your employer’s health and safety records to see if similar accidents have happened at your workplace in the past. They will also review the training programs in place to see if they are adequate for the tasks that employees were supposed to enact.
If you sue your employer for an injury at work and your accident claim is successful you may receive two heads of claim. These include:
- General damages: These will compensate you for the harmful effects of your injuries including: loss of amenity, suffering and pain.
- Special damages: These will compensate you for any financial losses that you have experienced as a result of your injuries, or future expenses you may incur.
Examples of special damages you may be eligible to receive can include:
- Reimbursement for medical expenses
- Reimbursement for travel expenses
- Reimbursement for care (for example if a family member cared for you whilst you were recovering from your injuries, you may be eligible to claim money for them, to compensate them for their efforts)
- Reimbursement for home or care adaptations
- Reimbursement for mobility equipment
- Reimbursement for any income lost if you had to take time off from work to recover from your injuries.
Some people who want to make a claim for an accident at work use an online personal injury claims calculator to estimate how much their claim could be worth. However, these are not always accurate. You can use our compensation claims table below to estimate how much compensation you could receive in general damages. The more serious your injuries, the more compensation you are likely to receive for your claim for an inadequate training injury.
|Type Of Injury||Degree Of Injury||Information About This Injury||Possible Compensation Amount|
|Paraplegia||Single level||The claimant suffered from paraplegia as a result of the accident. The amount of compensation awarded will be based on the amount of pain suffered, the level of independence the person has and how long they should live with these symptoms.||£219,070 to £284,260|
|Brain Damage||Moderate (1)||The brain damage leads to a moderate intellectual deficit as well as changes to the persons personality. Their sight and speech could also be affected.||£150,110 to £219,070|
|Epilepsy||Specific level||An established Grand Mal form of epilepsy.||£102,000 to £150,110|
|Psychiatric Damage||Severe||The claimant may find every day life difficult to cope with and there could be a serious effect on them as a result.||£54,830 to £115,730|
|Loss Of Sight In One Eye||Loss in a single eye||There will be a loss of sight whilst the other eye will not be affected. There could be a risk of sympathetic ophthalmia.||£54,830 to £65,710|
|Neck||Severe (3)||The award amount will depend on how long the most serious symptoms lasted, treatment required and the prognosis.||£45,470 to
|Back||Moderate (3)||The award will depend on the severity of the original injury, pain level, treatment required, what impact the symptoms have on the claimant's lifestyle and their prognosis.||£12,510 to £27,760|
|Brain Or Head Injury||Minor||How much compensation will be awarded depends on the severity of the injury.||£2,210 to £12,770|
|Leg||Less Serious (3)||This is the appropriate bracket for simple fractures to the tibia or fibula. It also includes soft tissue injuries.||Up to
|Mental Anguish||Single||Where the claimant fears their death or that their life-span is reduced.||approximately £4,670|
|Nose||Displaced Fracture (3)||This bracket is for displaced fractures of the nose or nasal complex that don't require anything other than manipulation.||£2,520 to
How accurate is this table? The compensation amounts we have quoted here are based on Judicial College guidelines. Of course, the circumstances of every personal injury claim are different.
If you have been injured at work, due to an accident that was not your fault, you can take the following steps to collect evidence to support your claim:
Seek appropriate medical treatment. It is essential that you go to a hospital A&E department for treatment for your injuries. Even if your injuries are not severe you must go to a GP, or appropriate medical practitioner as soon as possible to receive treatment and so that evidence of your injuries appears in your doctor’s records.
- If there was a hazard that caused your injuries take photographs, including a date stamp.
- Take photographs of your injuries, including a date stamp.
- If there is CCTV at your place of work, ask for a copy of the tapes.
- Report your accident to the management or your HR department and make sure that details of your accident are recorded in the accident log book. Make sure the time, place and date are recorded as well as how the accident happened and what injuries you appear to have suffered are written down.
- Keep the receipts of anything you have had to pay for because of your injuries. Your solicitor may wish to use this as evidence.
- Record the names and contact details of eyewitnesses. These people may be able to give a witness testimony at a later stage to support your claim.
Have you experienced an accident at work because you did not receive adequate workplace training? Then trust Legal Helpline to help you. We can provide you with a skilled solicitor to handle your claim. You can rest assured that your solicitor will value your claim accurately and will negotiate hard on your behalf to make sure you win the optimum amount of money for your claim. What’s more, they can also handle your claim on a No Win No Fee basis. Call Legal Helpline today to begin your accident at work claim.
Your claim for an inadequate training injury can be handled on a No Win No Fee basis. What does this mean? With a No Win No Fee solicitor they will offer you a Conditional Fee Agreement. This means that you will not have to pay for your solicitor’s fee upfront. Instead, you will only have to pay a success fee on the condition that your compensation claim is successful. In the unlikely outcome that you do not win your claim, you will not be charged a fee, so there is less of a gamble with your finances compared to paying an upfront fee. If your claim is successful they will deduct your fee from your compensation settlement at a capped rate, making No Win No Fee the more affordable way to claim.
If you have been injured because you were inadequately trained at work, you may be eligible to claim compensation. Call Legal Helpline today on 0161 696 9685 or use our online claims form to begin your compensation claim.
We hope you have found this guide helpful. If you have been hurt due to an accident at work that was not your fault, you may be eligible to claim compensation.
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- The Management Of Health And Safety At Work Regulations 1999
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- How to use an accident at work claim calculator
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Guide by AH
Published by MA.