A Guide On Claiming For Injuries Due To No Training At Work
In this guide, we discuss when you could be eligible to pursue compensation and claim for injuries due to no training at work. Employers have a responsibility with regard to your health and safety and must take reasonable steps to prevent you from becoming harmed while you work. One step they can take is providing adequate training to ensure employees are able to complete their work tasks safely and efficiently. Failure on the part of your employer to provide training that is necessary for the job could lead to you suffering an injury for which your employer could be liable for.
As we move through this guide, we discuss the eligibility criteria for personal injury claims, the evidence you can gather to support your case, and how compensation is calculated in successful cases.
Additionally, we look at the job roles, industries, and tasks that carry the most risk of injury. Furthermore, we provide examples of how an accident resulting from a lack of training could be caused.
Finally, we look at the benefits of starting a workplace injury claim with a solicitor offering their services on a No Win No Fee basis.
If you have any other questions, you can contact our advisors using the details below. They can assess your case for free and may be able to connect you with a personal injury lawyer from our panel if you’re eligible. Additionally, they can answer any questions you have regarding accident at work claims.
To reach out about your potential inadequate training compensation claim:
- Call on 020 3870 4868
- Use the live chat feature below
- Speak with an advisor by filling out our contact form and requesting a call-back
Browse Our Guide
- How To Claim For Injuries Due To No Training At Work
- Which Jobs Are More At Risk Of Accidents Due To No Training At Work?
- Accidents Caused By A Lack Of Workplace Training
- How Much Could You Claim For Accidents And Injuries In The Workplace?
- Claim For Injuries Due To No Training At Work On A No Win No Fee Basis
- Further Information On Workplace Accident Claims
How To Claim For Injuries Due To No Training At Work
In order to claim for injuries due to no training at work, you need to prove that your employer was negligent.
Employers owe their employees a duty of care to take steps considered both reasonable and practicable to prevent them from sustaining an injury in the workplace. This duty is set out in the Health and Safety at Work etc. Act 1974.
To uphold this duty of care, employers must provide necessary personal protective equipment (PPE), carry out risk assessments, and provide adequate training to their employees so they can perform their jobs safely. If your employer fails to do so, you could suffer an injury due to a lack of training at work.
However, in order to have valid grounds to make a personal injury claim, you need to show:
- Your employer owed you a legal duty of care at the time and place of the accident.
- This duty was breached as your employer fails to provide appropriate training.
- As a result of the breach, you suffered a physical and/or mental injury.
The above criteria set out the definition of negligence in tort law and each needs to be demonstrated for a workplace injury claim to be valid.
Time Limits To Claim For An Injury Caused By Inadequate Training At Work
In addition to proving negligence, you need to start your claim within the correct limitation period. As per the Limitation Act 1980, personal injury claims are subject to a time limit of 3 years. This can generally start from the date the accident occurred. However, certain exceptions can be made, such as if the claimant is under the age of 18 or has a reduced mental capacity to start legal proceedings themselves.
To find out more about the time limits for workplace accident claims, exceptions, and whether you could be eligible to claim compensation, please contact our team on the number above.
Which Jobs Are More At Risk Of Accidents Due To No Training At Work?
Generally, most job roles require some level of training. However, there are some that may be more at risk of accidents leading to injuries if employees are not adequately trained.
There are specific types of incidents, accidents, injuries and near misses that need to be reported to the workplace health and safety regulatory body, the Health and Safety Executive (HSE). A piece of legislation called the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013, sets which incidents need reporting by employers to the HSE.
As per statistics collated from employer reports made under RIDDOR, the following industries had the highest numbers of non-fatal injuries in 2022/23
- Human health and social work activities – 10,834 employees injured.
- Manufacturing – 10,382 employees injured.
- Transportation and storage – 8,059 employees injured.
- Wholesale and retail trade; repair of motor vehicles and motorcycles – 6,873 employees injured
- Construction – 4,038 employees injured.
Also collected within these statistics is the number of fatalities suffered by workers (highest 5).
- Construction – 45 fatalities
- Agriculture, forestry and fishing – 21 fatalities
- Transportation and storage – 15 fatalities.
- Manufacturing – 15 fatalities
- Wholesale and retail trade; repair of motor vehicles and motorcycles – 13 fatalities
Furthermore, HSE states that over 200 people are killed, over one million people are injured, and over two million suffer illnesses caused by work or made worse by their work each year.
Please note that these statistics do not state whether or not these injuries were the employer’s fault. Also, the number of non-fatal injuries is likely to be much higher as not all work-related injuries need to be reported under RIDDOR.
Poorly trained employees could be more at risk. As such, it’s important that employers provide training to reduce the risk of accidents and injuries, such as manual handling training, or instruction on using specialised tools.
Accidents Caused By A Lack Of Workplace Training
Below, we have provided some examples of how an accident leading to injury could be caused by a lack of workplace training. The examples also give an idea of when you could potentially claim for injuries due to no training at work.
- No manual handling training is given to an employee before they are asked to lift and move heavy loads. As a result, they suffer severe soft tissue damage in their back from using incorrect lifting techniques.
- No employee training is given before a worker is instructed to operate a forklift truck. As a result, they lose control of the work vehicle and suffer a serious head injury and knee injury in a forklift accident.
- A factory worker is not trained before they are placed on a production line. The conveyor belt malfunctions and they do not follow the correct safety protocols due to not being told. As a result, they sustain a traumatic amputation of one arm in a conveyor belt accident.
Not all workplace accidents and injuries will lay the basis of a valid workplace accident claim. You must be able to show your employer gave no training at work, therefore breaching their duty of care, and you suffered an injury as a result.
To discuss your specific case and find out if you could make a personal injury compensation claim for injuries because of a lack of proper training, call our team on the number above.
How Much Could You Claim For Accidents And Injuries In The Workplace?
If you make a successful claim for injuries due to no training at work, you could be awarded a settlement comprising up to two heads of loss. The first is general damages which compensates for the pain and suffering caused by your injuries. You can receive compensation for physical and/ or psychological injuries.
When working out the value of general damages, reference can be made to medical evidence, such as medical records or a report from an independent medical assessment often required as part of the claims process. In addition, reference can also be made to a document called the Judicial College Guidelines (JCG). The JCG provides a list of guideline valuation brackets for several types of injuries.
Below, we have created a table containing figures from the latest edition of the JCG. The top entry is not from the JCG. Please only use the table as a guide because settlements awarded can vary depending on the unique circumstances of your specific case.
Compensation Table
| Injury | Severity | Guideline Compensation Brackets | Notes |
|---|---|---|---|
| Multiple Very Serious Injuries with Financial Losses | Very Serious | Up to £1,000,000+ | Compensation for the pain and suffering of multiple very serious injuries and the monetary expenses incurred as a result, such as lost income, care costs, and medical bills. |
| Paralysis | Tetraplegia | £396,140 to £493,000 | Cases at the top end of the bracket will involve the presence of physical pain or where there is a substantial effect on the senses or ability to communicate. |
| Brain Damage | Moderately Severe | £267,340 to £344,150 | The injured person has a very serious disability, either cognitive or physical. The person requires constant professional care. |
| Neck Injuries | Severe (ii) | £80,240 to £159,770 | Injuries involving serious fractures or disc damage in the cervical spine causing disabilities of a considerable severity. |
| Arm Amputation | Loss of One Arm (iii) | £117,360 to £133,810 | A below the elbow amputation. |
| Back Injuries | Severe (iii) | £47,320 to £85,100 | Disc lesions or fractures or soft tissue injuries causing chronic conditions. |
| Other Arm Injuries | Less Severe | £23,430 to £47,810 | Significant disabilities but a substantial degree of recovery will have occurred or be expected to happen. |
| Shoulder Injuries | Serious | £15,580 to £23,430 | Shoulder dislocation and lower brachial plexus damage causing neck and shoulder pain. |
Examples Of Special Damages
The second head of loss is called special damages. This compensates for the past and future financial losses incurred due to your injuries. Special damages can only be awarded if your settlement includes general damages.
In some cases, special damages payments can often be higher than general damages payments. For example, if the claimant has sustained a severe head injury with brain damage meaning they are unable to return to work permanently and need full-time nursing care for the foreseeable future, the compensation awarded for the lost earnings and care costs will be significant.
However, how much compensation you’re awarded for financial losses is dependent on your specific case. You also need to provide evidence to prove the losses.
Other examples of the costs you could claim back include:
- Medical expenses
- Travel expenses
- The cost of home renovations
- The cost of vehicle adaptations
Evidence you could provide to prove monetary losses can include receipts, payslips, and invoices.
For further guidance on how much compensation you could be awarded for a successful personal injury claim, call our team on the number above. They can also offer further guidance on the different stages of the claims process.
Claim For Injuries Due To No Training At Work On A No Win No Fee Basis
If you’re eligible, you could instruct a personal injury solicitor to help you claim for injuries due to no training at work. The knowledgeable solicitors on our panel have experience handling accident at work claims and could help you gather evidence to support your case as well as negotiate a fair settlement on your behalf.
Furthermore, the personal injury solicitors from our panel provide their expert services on a No Win No Fee basis. This means they can provide a Conditional Fee Agreement (CFA) allowing you to access their helpful services without needing to pay upfront, as the claim proceeds, or if the claim fails.
If your inadequate training injury claim succeeds, you’ll pay a success fee from your compensation. This is paid to your solicitor as a legally restricted percentage of the compensation you receive. Due to the legal cap, you can keep the majority of your settlement.
If you would like to find out more about working with a No Win No Fee solicitor from our panel, you can get in touch with an advisor from our team. They may connect you with a solicitor if they find you have valid grounds to proceed with a claim who can provide free legal advice.
Alternatively, you can get in touch with an advisor for more information about claiming compensation for injuries caused by a lack of health and safety training with no obligation to continue with the services we offer.
To reach out, you can:
- Call on 020 3870 4868
- Use the live chat feature below
- Speak with an advisor by filling out our contact form and requesting a call-back
Further Information On Workplace Accident Claims
For more of our helpful guides:
- Discover if you could claim for being cut by a defective machine at work and how much compensation could be awarded.
- Learn if you could claim for a fractured foot at work and how compensation is calculated.
- Find out what to do if your workplace is not admitting liability and whether you could still pursue compensation.
For more external resources:
- Information on training in the workplace from HSE.
- Guidance on claiming Statutory Sick Pay from Gov.UK.
- Advice on first aid after an incident from NHS.
Thank you for reading our guide on how to claim for injuries due to no training at work. If you have any other questions, please get in touch using the number above.
