A Guide to Claiming Inadequate Training Injury Compensation

If your life, or the life of a loved one, has been affected by an inadequate training accident we can help.

The purpose of this guide is to help anyone who has suffered an inadequate training accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction

According to the HSE (Health and Safety Executive), 1.2 million self-reported health and safety incidents occurred in 2013/14. Unfortunately, many of these incidents could have been avoided if adequate training had been provided.

One of the main requirements of British health and safety law, training and instruction is vital to creating a safe work environment. Without it, equipment and machinery can be used incorrectly and procedures may not be properly adhered to.

If a person suffers an injury or illness at work, having not been given sufficient training, they could be entitled to make a claim for compensation.

Do I have an inadequate training injury claim?

It should be possible to make an inadequate training injury claim if you were injured:

  • in the last three years and;
  • someone else was to blame.

Even if these two points don't apply to you, you may still be able to make a claim.

To find out for sure, speak to a legally trained adviser on 0800 612 7456.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

You can also find out if you have a claim with our Online Claim Checker.

How much compensation can I claim for an inadequate training injury?

The amount of money you could claim for your inadequate training injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your inadequate training injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an inadequate training injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple inadequate training injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious leg injury can be £40,000

For a minor hand injury, in isolation, you would typically receive £3,300.

However, if you have a serious leg injury and a minor hand injury, you would typically receive £40,000 + a reduced percentage of £3,300.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries.

What is the average injury compensation for an inadequate training injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an inadequate training injury will depend entirely on your specific circumstances.

Your inadequate training injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

See the injury table above for some examples.

Will I have to pay tax on my inadequate training injury compensation?

If you receive financial compensation following an inadequate training injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.

Inadequate training injury compensation calculator

Calculating how much compensation you can claim for an inadequate training injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your inadequate training injury claim could be worth now:

Calculate compensation

How long does an inadequate training injury claim take?

How long it can take to win compensation for an inadequate training accident can vary significantly.

If your employer accepts liability, a claim can settle in a matter of weeks. If the employer denies liability, a claim can take longer. Typically, a work accident claim takes 6 to 9 months. See more:

How long will my claim take?

Will I still be able to claim for an inadequate training injury after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

Caring and sensitive support

Your solicitor will handle your inadequate training injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Will I get advice on treatment options?

As part of the inadequate training injury claims process, your solicitor can arrange a thorough and independent needs assessment. The assessment may offer advice on treatment, access to treatments and therapies not always available on the NHS and co-ordination with rehabilitation providers, occupational therapists, physiotherapists etc

What is the law relating to training in the workplace?

Employers have a legal ‘duty of care' towards their employees. This requires that they provide a safe working environment and manage any potential risks.

The primary piece of legislation for this is the Health and Safety at Work etc Act 1974. This includes a provision to ensure that information, instruction, training and supervision is given, as necessary, and so far as is reasonably practical, to all employees.

Expanding on this, the Management of Health and Safety at Work Regulations 1999, identify the situations in which health and safety training is important. This includes when people start work, become exposed to new or increased risks and where existing skills may need updating.

In addition, a number of other regulations exist which include advice on specific health and safety training - including first aid, asbestos, hazardous substances and work equipment.

Typical injuries

In the majority of cases, inadequate training claims are the result of an injury at work. These can affect any part of the body and can range from bruises and lacerations to scalds, crushes, broken bones and head injuries.

Some of the most common types of workplace injuries caused by inadequate training include:

  • Falls from height due to improper use of ladders, scaffolding or other equipment
  • Back injuries caused by poor training in lifting procedures, or a lack of appropriate lifting equipment
  • Electrical shocks as a result of inappropriate use of electrical equipment
  • Burns from handling hot substances or chemicals without the correct procedure being in place or followed
  • Injuries resulting from improper use of machinery and/or tools
  • Long-term medical conditions developing as a result of poor safety procedures, such as incorrect use of personal protective equipment or inadequate work breaks

The nature of the illness or injury and the subsequent training required differs significantly between industries, depending on the specific risks.

For example, safer workplaces such as offices might need only basic health and safety and manual handling training. In more dangerous workplaces, such as a construction sites or factories, training would need to be in-depth and tailored to specific risks such as using complex machinery, chemicals or forklifts.

Is my employer liable?

If it can be proved that your employer was negligent in their actions (or lack of action), ten your employer may be liable. In addition, it must be shown that their failure to provide adequate training was the cause of the illness or injury.

Whatever the specific risks, employers must promote a safe working culture, have emergency procedures in place and ensure that they meet all legal health and safety requirements. If an employer failed to do any of the following, a claim could be brought against them:

  • Identify the basic health and safety requirements for the industry
  • Identify the specific skills and knowledge needed for a particular job
  • Correctly assess an individual's suitability for a particular task
  • Deliver adequate, appropriate training and check that it has been understood
  • Ensure a worker had the necessary accreditations or qualifications for undertaking a particular task
  • Provide on-the-job supervisors as required
  • Provide regular, up-to-date training and maintain records

Proving that insufficient training was to blame

Evidence that can be used to prove that the illness or injury was a result of inadequate training could include: medical records; an accident book report; company health or safety information; and witness statements. A solicitor can advise on what is needed dependent on the individual case.

How does no win, no fee work?

Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if you do not winn your claim .

Our no win, no fee guarantee

Our no win, no fee guarantee means there is zero financial risk in making an inadequate training injury claim, even if you don't win your claim.

What do I pay if I win my inadequate training injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my inadequate training injury claim?

If your inadequate training injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.

Read more about making a No win, no fee claim

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Inadequate training injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make an inadequate training injury claim?

In general, you have a time limit of up to 3 years from the date of the inadequate training injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your inadequate training injury claim becomes 'statute barred'.

Can I claim for an inadequate training injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim inadequate training injury compensation.

In reality, there are a number of factors that can affect whether an inadequate training injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert