Inadequate Training Claims

Have you suffered an injury at work that you believe was due to the failure of your employer to provide adequate training? Or perhaps you weren’t given any training at all? If you find yourself in this situation, you could have a valid claim against your employer under personal injury law.

Poor training can lead to various incidents, such as falls from heights, machinery accidents and exposure to hazardous substances. These can cause numerous injuries, ranging from cuts and bruises to severe head and spinal cord trauma. If your employer neglected to provide adequate training, you could be entitled to compensation for all the losses you incurred due to your accident.

To find out if you have a valid inadequate training claim, call 0800 470 0474 today for a free consultation with a legal adviser. You could also arrange a free case assessment by entering your details into our online claim form.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

Call me back

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What is an employer's duty of care?
• Am I eligible to make an inadequate training claim?
• How to make a claim for inadequate training in the workplace?
• What evidence do I need to claim compensation?
• What accidents could result from inadequate training at work?
• What injuries caused by lack of training could lead to a compensation claim?
• Occupations that are at high risk of injuries from poor training
• Can I claim for an injury at work on behalf of a loved one?
• Claims for fatal injuries caused by inadequate training
• How long do I have to make an accident at work claim?
• How much compensation could I receive if my inadequate training claim is successful?
• Will my personal injury claim be on a No Win No Fee basis?

What is an employer’s duty of care?

In the UK, employers have a duty to ensure that their workers receive adequate training to enable them to carry out their tasks safely. That is extremely important, especially in industries where workers must use dangerous machinery or follow specific methods or standards. For example, if the job involves manual handling or heavy lifting, you should receive guidance and training on the correct techniques to perform these tasks safely and effectively.

The primary legislation that imposes a duty of care on employers is the Health and Safety at Work Act 1974. The Management of Health and Safety at Work Regulations 1999 further extends the importance of providing adequate workplace training to prevent injuries. Training can take various forms, such as:

• Showing employees how to carry out a task
• Explaining the risks associated with their job
• Showing staff what they should and should not do at work
• Ensure all personnel are aware of their rights and workplace rules

Based on the nature of the job, employees may need training and information on:

• How to safely use and handle dangerous materials
• Proper hygiene, whether in the food or healthcare system
• How to operate equipment and machinery
• How to correctly use personal protective equipment (PPE), such as safety helmets and goggles
• The safe storage of tools and dangerous substances
• How to carry out tasks from a height
• First aid and what to do in case of emergency
• The proper techniques to use when lifting and carrying heavy items
• How to handle electrical equipment

Whether in a construction industry or an office environment, you can expect your employer to provide the correct training and protect you from the potential risk of injuries and accidents. If they have failed in their duty to offer you adequate training and you have suffered injuries as a result, you may be able to make a successful work accident compensation claim.

Am I eligible to make an inadequate training claim?

If you have received inadequate training at work and suffered personal injuries as a result, a solicitor can help you make a claim on a no win no fee* basis.

To find out if you have a valid inadequate training at work claim, all you need to do is call 0800 470 0474 for a free case assessment. This appraisal is conducted over the phone and is a chance to talk about the circumstances of your accident with an experienced solicitor. It is also a good opportunity for you to ask any questions you may have concerning your legal rights or the claims process in general.

As a general rule, you may be entitled to compensation for an accident at work if:

• Your employer breached their duty of care towards you
• Their breach of duty led to inadequate training in the workplace
• You had an accident and suffered an injury and other losses as a result

Some of the common examples of injuries that can lead to an inadequate training claim include:

• Sustaining burn injuries by using low or high-voltage equipment in a manner that was not designed for
• Sustaining back injuries caused by lack of equipment or improper use of lifting equipment
• Falls from heights and roofs due to improper use of ladders or high-access equipment
• Sustaining repetitive strain injury due to the failure of the employer to provide adequate breaks
• Sustaining crush injuries in a factory or warehouse where proper lifting and stacking procedures were not introduced
• Sustaining injuries due to improper use of machinery, such as saws and drills at the workplace

Specialist solicitors have years of experience dealing with many workplace accident claims, including those caused by poor and inadequate training. If your case has merit, they will help you start an inadequate training injury claim and gather all the evidence you need to secure compensation. You may still be able to claim even if you were partially to blame for your accident. Nonetheless, in this case, you will receive a reduced compensation award to reflect your part of the blame.

How to make a claim for inadequate training in the workplace?

If you want to claim for inadequate training at work, the first thing you should do is contact a personal injury solicitor. They will assess your circumstances to determine whether you are eligible to claim compensation. If you have a valid case, you will be paired with a solicitor who is right for you and can begin the claims process.

They will refer to the legislation to prove that your employer failed in their duty of care towards you. Your solicitor will help you gather all the evidence you need to proceed with a claim and will handle all communication with your employer on your behalf.

After they have all the details of your accident and injury, your solicitor will send a claim notification form to your employer or their insurer to inform them of your intentions. They will have three months to investigate your allegations and provide you with a letter of response through which they deny or accept liability.

If they admit being at fault for your accident, you may begin to negotiate a compensation award. If they deny liability, your solicitor will be prepared to issue court proceedings and, if necessary, argue your case before a judge. That is rarely the case, as more than 95% of all claims are settled without a trial. Once you negotiate a settlement or the judge rules in your favour, you should receive your compensation award within four weeks.

What evidence do I need to claim compensation?

To make a successful claim, you will need conclusive evidence that you suffered an accident at work due to a lack of training. You must also be able to prove the injuries you sustained and how these have affected your life. Your solicitor will help you gather everything you need to claim compensation for inadequate training, which could be:

• Medical records and doctor’s notes regarding the type and severity of your injury, diagnostic tests, treatments and your recovery prospects;
• A report from an independent healthcare provider regarding the long-term effects of your injuries and future care needs;
• Witness statements from anyone who saw how the accident occurred, whether co-workers, supervisors or members of the public;
• A copy of your training records to prove that there were gaps in your training that contributed to your accident at work;
• A copy of an accident report form that you should file with your employer to prove the time and location of your incident in case liability is denied;
• Photographs or a video of the accident scene and anything that contributed to your injuries before anything is moved or replaced;
• Pictures of any visible injuries and damage to your clothing or other personal items;
• A journal or your notes about how the accident occurred, who you think was at fault and how it affected your life and ability to engage in daily activities;
• CCTV footage of the accident if it happened in an area supervised by security cameras;
• You should also keep all the evidence of financial losses and expenses related to your injury, such as receipts, invoices and payslips.

Once you have everything you need to support an inadequate training at work claim, your solicitor will start negotiating your compensation award with the defendant.

What accidents could result from inadequate training at work?

A lack of proper training at work could lead to various incidents that can affect your health and well-being. Insufficient knowledge or skills may contribute to mistakes, errors in judgment, and unsafe practices and could lead to:

• Slips, trips and falls due to a lack of awareness of hazards or improper use of safety equipment;
• Machinery accidents due to insufficient training on the usage of workplace tools and equipment;
• Vehicle accidents such as forklift collisions and rollovers due to a lack of knowledge of how to operate and load them;
• Chemical exposure due to improper handling, storage and disposal of hazardous chemicals;
• Electrical accidents due to insufficient training on safety procedures or the use of protective equipment;
• Fire hazards caused by lack of training on fire safety protocols, evacuation procedures, and the use of firefighting equipment;
• Manual handling accidents caused by the lack of proper lifting and carrying techniques;
• Falls from heights due to lack of training on working at a height or using ladders or safety equipment.

Employers should invest in comprehensive training programs covering all relevant workplace safety aspects to mitigate these risks. If they fail to do so and you suffer an injury, you may be able to make an inadequate training claim.

What injuries caused by lack of training could lead to a compensation claim?

Poor training in the workplace can contribute to a range of injuries that may affect your health and well-being, as well as your ability to work and carry out daily activities. These include but are not limited to:

• Fractures and dislocations. Fractures and dislocations are injuries that affect the musculoskeletal system, mainly the bones and joints. They often occur when you lack the knowledge to carry out your tasks safely, operate machinery or negotiate hazardous areas in the workplace. Both injuries may require rest, rehabilitation and physical therapy. In severe cases, surgery may also be necessary.
• Cuts and bruises. Cuts are injuries where the skin is open or torn, exposing the underlying tissues. They can vary in severity, from minor scratches to deep lacerations that may need stitches and leave permanent scarring. Bruises occur when small blood vessels under the skin break, leading to discolouration. Both are common workplace injuries that may be due to a lack of appropriate training.
• Sprains and strains. These are common injuries that may be due to inadequate training. They affect the muscles, tendons and ligaments and may range from overstretching to complete tears that require surgical procedures. Some long-term effects of sprains and strains include chronic pain, reduced range of motion and muscle weakness. Rest and rehabilitation are crucial for recovery.
• Back injuries. These injuries can occur due to a lack of manual handling training, poor posture and other hazards in the workplace. They may affect the muscles, ligaments and structures of the spine and include herniated discs, sprains, strains, and spinal cord trauma. Treatment of back injuries may involve rest, pain management, physical therapy and surgery. Severe injuries may permanently affect your life and lead to paralysis and other debilitating consequences.
• Head injuries. Head injuries can range from mild skull fractures and concussions to intracranial haemorrhages and severe brain trauma. Moderate injuries, such as concussions, may resolve with rest and monitoring, while severe injuries may require emergency medical intervention. They can have significant consequences and can even be fatal.
• Facial injuries. Inadequate training in safety protocols, proper use of equipment, or workplace practices can contribute to various facial injuries. These include eye injuries, damage to the jaw and teeth, orbital fractures, burns and broken noses. While some of these may be minor and resolve within a few days or weeks, some can have debilitating consequences, such as loss of vision and permanent disfiguring.
• Internal organ damage. Lack of health and safety training at work can lead to falls from heights, machinery accidents and other types of traumas that could cause damage to internal organs. Internal organ injuries can vary in severity, and the symptoms may range from mild discomfort to life-threatening conditions.
• Burns. Inadequate training in workplace safety, specifically in handling heat sources, flammable materials, or hazardous substances, can contribute to burn injuries. These can be due to improper use of equipment, failure to follow safety protocols or inadequate first aid response. Burns range from superficial to deep wounds that affect underlying tissues like muscles and bones and may have a devastating impact on your life.

The type and severity of the harm you suffered will not affect your ability to make an inadequate training injury claim. However, it will determine the amount of compensation you could receive for your injuries.

Occupations that are at high risk of injuries from poor training

Lack of training at work could affect employees in a wide range of industries. However, certain occupations may be at a higher risk of injuries due to inadequate or poor training. The risk is often associated with the work’s nature, specific use of equipment, or exposure to hazardous conditions. These include:

Construction workers

• Risk factors: falls from heights, machinery accidents, electrical hazards
• Consequences of poor training: increased risk of falls, injuries from power tools, and electrical accidents

Manufacturing workers

• Risk factors: Machinery accidents, exposure to chemicals, repetitive stress injuries
• Consequences of poor training: Increased risk of injuries from machinery, chemical exposures, and musculoskeletal disorders

Healthcare professionals

• Risk factors: Patient handling injuries, needlestick injuries, exposure to infectious materials
• Consequences of poor training: Higher risk of musculoskeletal injuries, needlestick injuries, and infections

Warehouse and logistics workers

• Risk factors: Manual handling injuries, forklift accidents, slips, and falls
• Consequences of poor training: Increased risk of back injuries, accidents involving material handling equipment, and slip or trip injuries

Electricians

• Risk factors: Electrical shocks, burns, falls from heights
• Consequences of poor training: Higher risk of electrical injuries, burns, and falls due to inadequate knowledge of safety procedures

Drivers

• Risk factors: Motor vehicle accidents, fatigue-related incidents
• Consequences of poor training: Increased risk of accidents on the road, mainly due to fatigue or lack of defensive driving skills

Agricultural workers

• Risk factors: Machinery accidents, exposure to pesticides, falls
• Consequences of poor training: Higher risk of injuries from farm equipment, chemical exposures, and falls

Restaurant and kitchen staff

• Risk factors: Cuts, burns, slips, and falls
• Consequences of poor training: Increased risk of injuries due to mishandling of knives, burns from hot surfaces, and slips in the kitchen

Mining workers

• Risk factors: Cave-ins, equipment accidents, exposure to harmful substances
• Consequences of poor training: Higher risk of accidents involving heavy machinery, tunnel collapses, and exposure to hazardous materials

It is crucial for employers to provide thorough and ongoing training to employees in these and all other occupations to reduce the risk of injuries. Proper training should cover safety procedures, adequate equipment use, emergency response protocols, and awareness of potential hazards.

Can I claim for an injury at work on behalf of a loved one?

If a loved one was injured due to inadequate training at work and cannot claim themselves, you could start legal proceedings on their behalf. That could be the case if the injured person is under 18 or lacks mental capacity due to a brain injury or another condition that affects their decision-making abilities.

To claim for a loved one, your solicitor will help you apply to the court to be named as their litigation friend. You can then claim compensation for them and will have several responsibilities, such as:

• Attend any court hearings
• Keep the claimant’s best interests in mind
• Make sure your loved one attends all their medical appointments
• Pay any fees requested by the court
• Make decisions about the claim
• Approve and sign legal documents
• Meet with solicitors and take legal advice
• Consider any compensation offers from the other side

Your role as a litigation friend will end once the claim is resolved or if someone applies for a replacement with a valid reason. If you secure compensation for someone under 18, you may have to go to an Infant Approval Hearing before a judge. But don’t worry, as this is a straightforward and informal procedure. The judge will examine the evidence to ensure that the compensation amount that has been agreed to is fair.

If you would like to learn more about claiming for a loved one, please call 0800 470 0474 or request a call back to receive a free consultation with a legal adviser.

Claims for fatal injuries caused by inadequate training

If you lost a loved one due to an accident that they suffered because of poor training, and you classify as their dependant, you could make a dependency claim under the Fatal Accidents Act 1976. This includes parents, children, spouses, civil partners and siblings. Those who are entitled to compensation can claim for:

• The lost income and other financial benefits expected from the defendant, such as pensions, bonuses and investments;
• The loss of services they provided in the household, such as childcare, DIY projects, gardening or cooking;
• The financial losses and expenses they incurred between the date of the accident and when they passed away, such as lost wages and medical bills;
• Costs related to the funeral, such as a memorial, the headstone and wreaths, but not the cost of funeral clothes or the wake;
• A limited number of dependants can also claim a bereavement award of £15,120 for the grief and suffering caused to them by the loss of their loved one.

How long do I have to make an accident at work claim?

The time limit to start an accident at work claim is typically three years under the Limitation Act 1980. The time begins to run either on the accident date or when you become aware you suffered an injury due to your employer’s negligence, known as the date of knowledge. If you miss this deadline, your case becomes statute-barred, and the court will no longer accept it as valid.

There are a few exceptions to the three-year limitation date:

• If someone under 18 suffered an injury while on work experience or working part-time, the three years only begin on their 18th birthday. From this point, they have until turning 21 to start a claim.
• If the injured person lacks the mental capacity to claim due to a brain injury or another condition, such as Alzheimer’s disease, the time limit is put on hold. In this case, a litigation friend could claim for them at any time.
• If you lost a loved one due to a fatal injury, the time limit to claim is three years from the date of death.
• Claims are also possible if you have suffered an injury abroad, but the time limit could differ from country to country and be much shorter than three years.

As a general rule, you should always consult with a legal adviser as soon as possible. Your lawyer will need time to gather proof for your case, and the sooner they begin, the better. That will ensure they have access to the best evidence and you remember any details that may be essential to your claim.

How much compensation could I receive if my inadequate training claim is successful?

The amount of compensation you could be eligible to claim for inadequate training at work will depend on the harm you suffered as a result of your accident. Your solicitor will take into account all your losses to ensure you are fully compensated. Two types of damages will be included in your claim:

Special damages cover the financial losses and expenses you incurred from the accident and your injuries. These are calculated based on evidence such as receipts and invoices and could include:

• Prescriptions and private medical treatment
• Costs of care and assistance during recovery
• Travel expenses for medical treatments
• Rehabilitation and physical therapy
• Medical aids such as wheelchairs or prostheses
• Modifications to your home or vehicle to support a disability

General damages are awarded for your injuries and how they have affected your life. They are based on the type and severity of your injuries and are awarded according to the guidelines from the Judicial College. Some examples include:

• Physical pain and suffering
• Mental anguish and emotional distress
• Loss of consortium or companionship
• Reduced quality of life
• Scarring and disfigurement
• Loss of ability to engage in a hobby or leisure activity

To find out more about how much you could receive for the injuries you sustained, please refer to our online compensation calculator.

Will my personal injury claim be on a No Win No Fee basis?

If you have a valid claim, your solicitor will be able to help you on a no win no fee basis and ensure you receive maximum compensation for your injuries. The no win no fee service means that apart from making a compensation claim without any upfront cost, there is also no financial risk.

If your solicitor cannot win your claim for any reason, you will not pay a penny. They only receive a success fee from your compensation award if they win your case. This fee is capped at 25% of your payment, and you will agree to it from the beginning. You do not have to worry about hidden costs or surprise charges.

As part of a no win no fee claim, you also have After the Event (ATE) insurance against litigation costs. If you lose, the ATE policy will cover all your expenses and disbursements, including:

• Medical reports
• Expert witness fees
• Barrister fees if the case goes to court
• Costs of printing and copying
• Travel expenses
• The defendant’s solicitor and other expenses

You only pay for the costs of the ATE premium if your claim is successful. Otherwise, the insurance policy will not cost you anything.

If you were injured at work and want to claim inadequate training compensation, do not hesitate to call free on 0800 470 0474. Alternatively, you can enter your details into our online form to arrange a free case assessment with a personal injury claims solicitor.