If an injury due to a lack of training has set you back, we'll help you move forward
Inadequate training at work can lead to serious physical injuries, which may have long-term health implications and hinder your work performance. Accidents can also result in psychological stress and anxiety.
If your life, or the life of a loved one, has been affected by an inadequate training accident, we can help. If your injuries were caused by your employer or a co-worker, you may be entitled to claim compensation.
You can make a work accident compensation claim with the help and support of a personal injury solicitor.
In this article
You are not alone
Every year, numerous workplace injuries are attributed to inadequate training.
561,000 workers sustained a non-fatal injury according in 2022/23, many of these due to a lack of appropriate training (hse.gov.uk).
According to the Compensation Recovery Unit at the Department for Work and Pensions (DWP), 43,728 employer liability injury claims were registered between 1 April 2022 and 31 March 2023.
Many of these incidents could have been avoided if adequate training had been provided.
One of the main requirements of UK 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 you have suffered an injury or illness at work, having not been given sufficient training, they could be entitled to make a claim for compensation.
Am I entitled to make an inadequate training injury claim?
If you've been injured or diagnosed with an illness in the last three years and it wasn't your fault, you will be able to claim compensation.
Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
Claiming when you're partially at fault
Personal injury claims often involve circumstances where there is some degree of blame on each side.
We found that, in our 2023 Work Injury Claimant Survey, 26.02% of injured workers were unsure as to which party was legally liable for their injuries.
You could still have a valid claim if you were partly to blame for your injury or illness. If you were injured at work, you can claim compensation from your employer even if you or a co-worker caused the accident.
Inadequate training injury
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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.
If it can be proved that your injury left you unable to work, special damages can be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.
These damages will also cover the cost of any medical procedures you might need to treat or recover from your injury such as diagnostic imaging tests, surgical intervention and physiotherapy.
Mental health support after a work accident
In addition to physical injuries, a work accident can inflict lasting psychological harm.
Our 2023 Work Injury Claimant Survey shows how prevalent psychological injuries are in the workplace. 25.03% of claimants report suffering a psychological injury, 62.38% of which were related to a physical injury.
Injuries from inadequate training often result in a lack of confidence and increased anxiety regarding job tasks and responsibilities.
The emotional toll of a work injury can greatly affect a claimant's physical recovery and their ability to return to work. Without access to the right advice and support, it can be difficult to overcome the fear of being stigmatised by a mental health issue.
Diagnosable psychiatric injuries, such as PTSD, are recognised in the guidelines for calculating compensation. The cost of treatment and support for these injuries should be included in your compensation award or settlement.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
In the majority of cases, inadequate training claims are the result of an injury at work. These can affect any part of the 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.
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.
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
Personal Protective Equipment at Work (Amendment) Regulations 2022
The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.
This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract. Training in the use of PPE must also be provided.
Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.
If you are injured a at work and your employer failed to provide you with and train you to use the appropriate PPE, you may be entitled to claim compensation - even if you are self-employed.
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 did your injury happen?
Claiming compensation depends on the cause of your inadequate training injury. Click the icons below for read more:
How we can help you with your work accident claim
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.
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About the author
Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.