A guide to making a No Win No Fee inadequate training accident claim
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.
What is the law regarding 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.
What types of injury can occur due to lack of training?
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.
Who is liable in inadequate training claims?
The employer - if it can be proved that their actions were negligent. 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
How can it be proved 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.
100% No Win No Fee inadequate training compensation claim
A no win no fee arrangement (also referred to as a Conditional Fee Agreement or CFA) is entered into between a claimant and a personal injury solicitor.
The no win no fee agreement is essentially the conditions under which the solicitor is instructed by the claimant.
The agreement sets out what the solicitors will do and how the solicitor is remunerated if the legal case is won.
If you instruct Quittance Personal Injury for your inadequate training compensation claim there are no extra costs in the terms and conditions , nothing to pay up-front and the comfort that you will not be out of pocket.
How to proceed
Making the right decision depends on the correct information. Get answers to your questions before you instruct a lawyer.
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Ready to start?
If you are ready to proceed, you can start your compensation claim by calling 0800 612 7456 or 0333 344 6575 or via the online contact form here.
Our team of experts help injured people every day. If you need more information, you can request a no-obligation callback or call us on 0800 612 7456 today.