No Win, No FeeWhile you’re working, your employer has a legal duty to take reasonable steps to try and keep you safe. One way they can do so is by training you on how to do your job properly and the company’s health and safety procedures. If you are injured at work because of a lack of training, you could be entitled to compensation for your suffering. This guide will explain when compensation for inadequate training in the workplace might be possible and look at the types of accidents and injuries that could lead to a claim.
We’re here to help you start the claims process. Our team of specially trained claims advisors provides a free consultation service where you can discuss what’s happened and advice about your options will be provided. If a claim seems viable and is accepted by a personal injury solicitor on our panel, they’ll represent you on a No Win, No Fee basis. That means that unless you are compensated, you won’t need to pay any fees for your solicitor’s work.
To find out more about claiming compensation for injuries caused by a lack of training at work, please read on. Alternatively, feel free to call our advice centre on 0800 652 1345 today to speak with a specialist.
What is an employer’s duty of care?
You are likely to have seen posters or leaflets in your staff room about the Health and Safety at Work Act 1974. This sets out your employer’s obligations regarding workplace safety. This is referred to as their duty of care. Section 2 of the act says that their duty extends to “the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees.”
The importance of training staff is extended by the Management of Health and Safety at Work Regulations 1999. Section 13 of this legislation sets out that employees should receive adequate training when:
- Their employment begins; and
- When they are exposed to new risks i.e. when starting a new role or working with new equipment.
Also, all training provided by employers should:
- Be refreshed periodically if necessary;
- Be adapted if new risks to employee health and safety are identified; and
- Take place during working hours.
These laws and others (depending on the nature of your job) mean that employers should:
- Identify basic health and safety requirements for the business.
- Ensure all staff are trained on their specific role ensuring that it is easy to understand.
- Consider the suitability of individuals for certain tasks.
- Provide suitably experienced and trained supervisors.
- Ensure that training takes into account any legal or regulatory requirements.
If your employer fails to fulfil their training obligations and you’re injured as a result, you may well have the grounds to claim compensation for your suffering.
Can I claim compensation for inadequate training at work?
Your chances of being compensated for inadequate training will need to be assessed by one of our personal injury lawyers. So that they don’t waste your time, they’ll only agree to represent you if there is a realistic chance of success. To assess this they’ll look to verify whether:
- Your employed failed to train you properly i.e. their negligence meant that they breached their duty of care; and
- An accident occurred as a consequence of that inadequate training; and
- You suffered an injury or illness.
We believe that working with a specialist solicitor will increase your chances of winning your claim and could increase the amount of compensation for an accident at work you receive if your claim is successful. If you believe you’re entitled to compensation for inadequate training in the workplace, please call today.
Common accidents caused by inadequate training in the workplace
It is fair to say that no workplace will ever be completely free from hazards. Whether you work in a busy warehouse, an office or a supermarket, you should always be given training on how to do your job safely.
Essentially, you could claim for any accident caused by inadequate workplace training if you’ve suffered as a result. Some example scenarios that could lead to a claim include:
- Spinal injuries or soft tissue damage that result from a lack of manual handling and lifting training.
- Chemical burns or occupational dermatitis because you weren’t trained in handling hazardous substances.
- Amputations of digits or limbs because you weren’t trained on how to use workplace machinery safely.
- Electric shocks or electrocutions because you were not trained in safety techniques when working with or around electrical installations.
- Mesothelioma and other industrial diseases caused by inadequate training on working in areas containing asbestos.
- Injuries caused by a fall from a height because of inadequate training regarding the use of ladders, scaffolds or lifts.
If you have been injured or made ill at work because you were not trained properly, you could be eligible to claim compensation from your employer. Injuries that you could claim for include back injuries, broken bones, soft tissue injuries, cuts and lacerations, bursitis, crush injuries and many more besides.
Even if your scenario is different to any of the above, please get in touch and we’ll review your claim for free.
Is it ok to sue my employer for inadequate training compensation?
You must remember that legally, so long as your inadequate training compensation claim is honest, your employer can not discipline you in any way for claiming against them. You cannot be fired, demoted, denied promotion or singled out in any on the basis of your claim. If that were to happen, separate action for unfair or constructive dismissal may be appropriate.
Also, some people worry about the impact of their claims on their employer’s business. However, successful claims are paid by the company’s liability insurance policy rather than out of their profits so your compensation would not affect the running of the business.
How much compensation do you get for inadequate training at work?
When you start a claim for an accident at work, unfortunately, you don’t simply request a lump sum of money. As such, your claim would be based on how you’ve suffered and any money you’ve lost (general and special damages).
That means you may need to consider claiming compensation for:
- The physical pain and suffering you’ve suffered.
- Psychiatric damage (distress, depression, PTSD and similar conditions).
- Lost income (even if you received Statutory Sick Pay).
- Loss of amenity (relating to hobbies and/or activities).
- Travel costs.
- The cost of a carer (a professional, friend or family member).
- Medical expenses (physiotherapy or private treatment).
- Damage to your personal belongings (clothes, jewellery, mobile phones etc).
- Future loss of earnings (for longer-term injuries).
- Home or vehicle adaptations to make it easier to cope with any ongoing disability.
As you can see, there’s a lot to consider before claiming compensation for inadequate training in the workplace. If you work with one of our solicitors, they’ll get a full understanding of your suffering before filing your claim. This will involve an independent medical assessment where a specialist will examine your injuries and discuss how you have been affected by them. Their report will set out a prognosis which will be used by your solicitor to help compensate how much compensation you’ll request.
Fatal workplace accidents caused by a lack of training
In the very worst cases, inadequate training at work can lead to fatalities. If you’ve lost a loved one in these circumstances, we realise that no amount of compensation will help you to come to terms with your loss.
However, if you were financially dependent on the deceased or you are struggling financially because of their loss, you may be entitled to seek damages. This could include compensation to cover expenses such as funeral costs as well as a payment to cover the loss of the deceased’s earnings, pension or other benefits.
If you would like to discuss a claim for wrongful death, please call for a free case review. No pressure will be applied and your advisor will work at a pace that suits you.
Providing proof for an inadequate workplace training compensation claim
It is more than likely that your claim will be passed to your employer’s insurance company rather than being dealt with in-house. Usually, insurers will deny liability for the accident and your injuries from the outset. As such, your solicitor will need to provide proof to show how your accident was caused by a lack of training and how your injuries have affected you. This can include:
- Photographic evidence such as pictures of the accident scene and your visible injuries.
- Medical records and x-rays from the hospital that treated you.
- Witness statements from colleagues or anyone else who saw your accident take place.
- Accident report forms to help prove when and where you were injured.
- CCTV footage if your employer’s security cameras captured the accident.
- Financial records to help you claim back any losses resulting from your injuries.
If you have collected any of this proof prior to claiming, remember to share it with your advisor when you call. It is also a good idea to write down everything you can remember about the accident and to keep a diary of any events you missed out on because of your injuries. This will make it easier to recall the effects of your injuries when reviewing the claim with your solicitor.
Inadequate training compensation claim time limits
The time limit for workplace accident claims is 3 years. This will start from:
- The date you were injured or made ill; or
- The date your condition was diagnosed. This is more likely for industrial deafness claims, repetitive strain injuries etc.
While your claim is being processed, your solicitor might be able to request an interim payment if you’re struggling financially because of your injuries. For example, an interim payment could cover your loss of income or the cost of private medical treatment.
In our experience, it’ll be easier to collect proof to support your claim the sooner you begin the claims process. This should also lead to you being awarded compensation sooner if your claim is successful.
No Win, No Fee claims
For many, the biggest worry about claiming compensation for inadequate training at work is the cost of hiring a solicitor. However, ours offer a No Win, No Fee service meaning you won’t be asked to pay any legal fees upfront.
That allows your solicitor to begin working on your claim right away meaning they can:
- Assess how you’ve suffered by reviewing your claim in detail with you.
- Begin collecting proof to support your claim.
- Arrange for an independent medical assessment.
- File the claim with your employer and deal with their insurers on your behalf.
- Try to deal with any objections or queries raised by your employer’s insurers.
- Fight your corner to try and secure the maximum level of compensation possible.
You won’t need to pay for any of this work if the claim fails. If it is won, a success fee will be deducted from your compensation to pay for your solicitor’s work. This is capped legally at 25%.
To see if you could claim compensation for inadequate workplace training on a No Win, No Fee basis, please get in touch with our team.
Start an inadequate training compensation claim today
If you have decided to claim compensation for inadequate training in the workplace, call our specialists on 0800 652 1345 today to discuss your options. You’ll be under no obligation to proceed but you’ll receive free guidance and advice about your next steps.
If you decide to work with a solicitor on our panel and they agree to work with you, their representation will be provided on a No Win, No Fee basis. In our experience, that’ll make the claims process much less stressful.
Our live chat team are also available if you’ve any further questions or concerns about claiming compensation for inadequate training at work.
