Inadequate Training Injury Compensation Claims
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.
In our guide to claiming
inadequate training injury compensation:
According to the HSE (Health and Safety Executive), 693,000 workers were injured in 2019/20. 65,427 were reported under RIDDOR health and safety regulations. 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.
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.
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. Read more about making a No win, no fee 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.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, and 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 376 1001 or arrange a callback:
if you can claim
to start a claim
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.
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.
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 376 1001 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.
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.
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.
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.
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.