Receiving the proper training is essential to carry out your job tasks and create a safe work environment. Providing adequate training is one of the primary duties of employers to safeguard your health and well-being.
A lack of training can lead to various accidents, such as falls from heights, machinery accidents, electrical shocks and exposure to hazardous substances. If you suffered any injury due to a breach of this duty, you may be eligible to make an inadequate training accident claim. This can cover your pain, suffering and any related financial losses.
Can I make an inadequate training at work claim?
To find out if you have an inadequate training injury claim, the easiest thing you can do is call the number above for a free case assessment. An experienced solicitor will ask you a few questions about your situation and determine within minutes whether your case has merit. They will verify the following points:
- Did your employer owe you a duty of care?
- Did they breach this duty by acting negligently?
- Has their negligence led to an accident?
- Did you suffer an injury or injuries as a result?
The answer to the first question is almost always yes. Your solicitor will use legislation such as the Health and Safety at Work Act 1974 to prove a breach of duty and liability. They will then help you gather all the evidence you need to start a personal injury claim.
It is essential to remember that you can make a claim even if you were partially at fault for your workplace accident. If you held less than 50% of the blame, you could still receive a reduced compensation award to reflect your part of the blame.
Employer duty of care to provide training to employees
Employers have legal duties under employment legislation to take all reasonable measures to prevent accidents and keep employees safe from injuries. By law, they must provide adequate training for every job role and any time your circumstances change. The main piece of legislation that sets out an employer’s duties is the Health and Safety at Work Act 1974. Furthermore, the Management of Health and Safety at Work Regulations 1999 extends the importance of workplace training to prevent accidents.
Depending on the industry and the type of job, the training might include:
- How to operate equipment and machinery
- How to lift, move and carry loads safely
- How to properly use the personal protective equipment (PPE)
- How to correctly handle electrical equipment
- What to do in case of fire and other emergencies
- How to carry out the specific tasks and responsibilities of your role
- How to maintain physical and mental well-being and reduce stress
Employers must carry out regular risk assessments to identify workplace hazards and risks to employees and regularly update training so they stay informed on the latest safety procedures. If they fail to uphold their duties and you suffer an injury, you may be eligible to make an inadequate training at work claim.
What occupations are at risk of injuries from lack of adequate training?
Every occupation has its unique challenges and needs some level of training to carry out safely. However, some jobs require more training than others, and increased risks are associated with their nature and the equipment used. Some occupations at higher risk of accidents due to a lack of proper training include:
- Construction workers. Construction sites involve heavy machinery, power tools, and potential hazards like falling objects or working at heights.
- Manufacturing and factory workers. Workers in manufacturing plants may be exposed to various equipment and machinery that can be dangerous without proper training.
- Healthcare professionals. Healthcare workers, including nurses, doctors, and support staff, face risks related to patient care, use of medical equipment, and exposure to infectious diseases.
- Warehouse and logistics workers. Employees in warehouses or logistics centres may be involved in manual handling, forklift operation, and working with heavy equipment.
- Agricultural workers. Farmworkers are exposed to various risks, including machinery operation, exposure to chemicals, working with animals and heavy lifting.
- Mining industry. Miners face risks associated with working in confined spaces, operating heavy machinery, and exposure to dust and other hazardous substances.
- Emergency services personnel. Firefighters, police officers, and paramedics may encounter various hazards while responding to emergencies, including physical dangers and exposure to trauma.
- Electrical workers. Employees involved in installing and maintaining electrical systems face risks related to electrical shocks, falls, and other hazards.
If you were injured due to your employer’s negligence in not providing training, you may be entitled to make an inadequate training accident claim.
What accidents could a lack of training in the workplace cause?
Lack of training in the workplace can lead to a wide range of accidents and injuries. The specific accidents depend on the nature of the work and the potential hazards associated with it. It could include:
- Inadequate training on proper safety protocols can result in slips, trips, and falls, especially in environments where floors may be wet or slippery;
- Insufficient training in the operation of heavy machinery or power tools can lead to machinery accidents ranging from minor to severe;
- Lack of training on working at heights, improper use of fall protection equipment, or failure to follow safety guidelines can result in falls from heights;
- Inadequate training on electrical safety may lead to accidents such as electric shocks, burns, or fires, especially in occupations involving electrical work;
- Insufficient training in handling and using hazardous chemicals can result in exposure, leading to chemical burns, respiratory issues, or other health problems;
- Lack of training for drivers or operators of vehicles can contribute to accidents on the road, in warehouses or at worksites;
- Workers who do not know proper lifting techniques may suffer injuries such as strains, sprains, or musculoskeletal disorders from manual handling activities;
- Lack of training on the use and importance of PPE can lead to injuries and health issues due to exposure to hazards like chemicals, flying debris, or infectious agents.
If you had an accident caused by inadequate training in the workplace, you could be eligible to make an accident at work claim against your employer.
Common injuries caused by a lack of training at work
Workplace accidents caused by a lack of training and supervision can lead to various injuries, ranging from minor to severe. Some common examples include:
- Cuts and lacerations resulting from contact with sharp objects, tools, or machinery;
- Bruises and contusions, typically caused by impacts with objects or surfaces;
- Sprains and strains from overexertion, improper lifting, or awkward movements;
- Fractures and broken bones, often caused by falls, impacts, or crushing injuries;
- Burns resulting from contact with hot surfaces, flames, chemicals, or electrical sources;
- Electric shocks from contact with live electrical circuits or faulty equipment;
- Eye injuries caused by flying debris, chemicals, or exposure to harmful substances;
- Respiratory issues from exposure to hazardous fumes, dust, or other airborne contaminants;
- Musculoskeletal disorders, often associated with poor ergonomics or repetitive motions;
- Traumatic brain injuries resulting from falls, impacts, or blows to the head;
- Amputations caused by machinery or equipment accidents;
- Psychological injuries such as post-traumatic stress disorder (PTSD) or emotional distress resulting from traumatic incidents at work.
If you suffer any type of injury at work due to inadequate training, you might be able to make a personal injury claim for compensation.
What evidence do I need to support my inadequate training accident claim?
If you had a work accident and want to start an inadequate training injury claim, you will need to be able to show how the incident happened and who was at fault. Your solicitor will help you gather everything you need to start your claim, which may include:
- A copy of your training records to prove any gaps that may have contributed to your accident;
- Opinions from experts in the field who can evaluate the training programs and provide insight into whether they were sufficient or inadequate;
- Visual evidence of the accident scene, such as photos or a video, to show the conditions that have contributed to your injury;
- Photographs of any visual injuries you suffered as a result and during your recovery process;
- An accident report form that you should have filed with your employer to prove the date, time, and location of the incident;
- Witness statements from co-workers or anyone else who saw how the accident occurred to support your version of the events;
- If your employer used security cameras in the area where your accident occurred, you can request a copy of the CCTV footage;
- Medical records to prove the type and severity of the injuries you suffered, what treatments you received and the long-term effects that you may experience;
- Your statement about the training you received, how the accident occurred and how it has affected your life;
- Evidence of all the financial losses and expenses you incurred from the accident, such as receipts and invoices.
Your solicitor will evaluate all the evidence you already have and help you gather anything else you need to start an inadequate training claim.
Frequently asked questions
If you were injured at work due to a lack of health and safety training, you may want to start a compensation claim. Below, we have answered some of the most common questions claimants have about the claims process. For more information, please call 0800 678 1410 or request a call back to speak to a personal injury solicitor.
How long do I have to start a personal injury claim?
Generally, you have three years to start an inadequate training accident claim under the Limitation Act 1980. Afterwards, your case becomes time-barred, and the court will no longer accept it as valid. There are a few exceptions to this time limit, such as:
- If your injury developed over time, the three years start from the date you became aware that the harm you suffered was due to a lack of training, known as the date of knowledge.
- If you were under 18 at the time of injury, the time limit only begins on your 18th birthday, from which you have three years to claim.
- If the injured person lacks mental capacity due to a brain injury, PTSD or another condition, the time limit is put on hold. A litigation friend could claim for them without having to meet any time limit.
- If you were injured while working abroad, the time limit can vary from country to country and may be shorter than three years.
How much compensation could I receive for injuries caused by inadequate training?
If you are eligible to claim compensation for a workplace injury, the amount you could receive will depend on your unique circumstances. Your solicitor will calculate how much you should be entitled to based on two types of losses:
- General damages are awarded for pain, suffering and loss of amenity. These may cover aspects like physical and mental suffering, loss of consortium, reduced quality of life, and loss of ability to carry out daily activities.
- Special damages are awarded for the related financial losses and expenses. These may include prescriptions, private treatments, loss of earnings, care costs and travel expenses.
You can refer to our online compensation calculator to find out how much you could receive for general damages based on the type and severity of your injury.
Am I eligible for a No Win No Fee service?
If you suffered an injury due to inadequate training and are eligible for compensation, your solicitor will handle your claim on a no win no fee basis. That means you do not have to pay them anything upfront and will not lose a single penny if your case fails. Your solicitor will only receive a success fee if and after you receive compensation.
As part of your claim, you are also protected by After the Event (ATE) insurance, which will cover all the litigation costs if your case fails. These may include court fees, medical reports, expert witness fees, and the defendant’s expenses. You only pay for the ATE premium if the claim is successful.
To learn more about claiming for an injury caused by inadequate training, call 0800 678 1410 for a free consultation with a legal adviser. Or use our online claim form if you would prefer to receive a call back.