A Guide to Claiming Inadequate Training Injury Compensation

This guide sets out what you need to know about making a work-related injury compensation claim.

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 a inadequate training injury claim?

As a basic rule, you can make a inadequate training injury claim if you sustained an injury:

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

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

Get impartial advice on whether you have a claim - speak to a inadequate training injury claim expert on 0800 612 7456.

A short call will confirm whether you have a claim. You will never be pressured into making a claim.

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

What if the injury was diagnosed years after the event?

Typically, the dates of the injury and accident are the same. However, some injuries manifest themselves months or even years after the accident or exposure.

In this case, the clock starts ticking on the date of discovery (the date of diagnosis) of the injury rather than the date of the accident.

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How much compensation can I claim for a 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.

See a list of what you can claim for:

Examples of special damages include:

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

Find out what your claim could be worth now

Assessing a claim's value at the outset can be complicated.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

Calculate my injury claim

Caring and sensitive support

Your solicitor will handle your inadequate training injury case 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.

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.

Why is compensation important?

The nature of injuries sustained due to inadequate training, and the effect it has on a person's life, varies considerably. But whatever the situation, receiving a sum of money can help pay for treatment to improve recovery. It can also provide relief from additional stresses and strains, including loss of earnings and psychological trauma.

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 a 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 .

Read more about making a No win, no fee claim

How can Quittance help?

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

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 will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s 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 interim compensation payment?

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

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.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

Read more about this Quittance Legal Expert