Accidents and injuries at work can have a lasting impact, especially when they occur due to a lack of proper training. Whether it’s operating machinery incorrectly, handling dangerous substances, or not following safety protocols, inadequate training can leave you vulnerable to accidents that might have been prevented.
If you’ve suffered an injury at work because your employer failed to provide the proper training, it can be frustrating and difficult to know where to turn. The good news is that you can sue an employer for an injury caused by a lack of training if you can prove that the employer failed to provide adequate training which led to the accident or injury. Employers have a legal duty to ensure their staff are properly trained to do their jobs safely.
This guide will walk you through your rights and the steps to take if your injury was caused by a lack of training. From understanding what constitutes inadequate training to the process of bringing a claim, our personal injury lawyers will help you find clarity and the support you need to move forward.
What is inadequate training?
Inadequate training at work is when you, as an employee, are not given enough time or resources to appropriately and successfully complete tasks with full capability.
Your employer has a legal responsibility to ensure that you are protected as far as practically possible from risks that are associated with your role and the environment you work in.
As part of this responsibility is to ensure that you receive the full and correct training to prevent avoidable accidents and injuries at work.
Every employer is responsible for providing safety at work training in-house or externally.
Inadequate training at work might include:
- Failure to demonstrate how to correctly operate machinery and equipment;
- Not providing safe ‘manual handling’ training;
- Failure to identify and demonstrate the emergency stop button on machinery;
- A lack of explanation about Health and Safety and Fire procedures;
- Failure to demonstrate the correct way to wear PPE; and
- Employers failing to explain the potential hazards in the workplace.
You are entitled to this training and should expect that your colleagues have received this training too.
How can inadequate training at work cause injuries?
Inadequate training at work can lead to injuries in the workplace for you or your colleagues because there is a lack of knowledge and awareness of safe procedures to keep you safe.
Inadequate training can lead to you, or your colleagues, being put at risk while machinery is being operated as appropriate and safe measures are not taken. Additionally, the consequences of inadequate training can be that a culture of unsafe measures becomes embedded due to inadequate training in the workplace failing to prepare staff for new hires.
Accidents and injuries at work can be caused by inadequate training if your employer fails to protect you, and your colleagues, by providing up-to-date information on safety procedures, appropriate training measures on how key tasks are completed in a safe way, and explaining the correct and safest ways to operate equipment or handling any part of the job.
Can you sue an employer for lack of training?
It is within your rights to claim compensation from your employer if inadequate training, or a lack of training, was responsible for your accident and injury at work.
Firstly, you cannot be sacked simply for having an accident at work. Employees in the UK are protected by employment law, which safeguards against unfair dismissal. It is illegal for your employer to punish or discriminate against you, as an employee, for making a legitimate claim following an accident at work that happened due to inadequate training by your employer.
This is protected under UK employment law, which protects you from unfair treatment; this includes retaliation following a claim which could be harassment, bullying, or unfavourable work conditions.
If you’ve been employed for two years or more, you have the right to challenge any dismissal that appears linked to your workplace accident or a related compensation claim. Even if you’ve been with your employer for less than two years, you could still have grounds to contest your dismissal if it involves discrimination or a breach of your rights.
You have three years from the date of the accident to issue Court proceedings following an accident. If you’re concerned about your job security or making a claim, contact us for expert advice and support.
Your employer must have Employer’s Liability Insurance, which would cover the compensation costs following an inadequate training claim against the employer.
Don’t forget: your focus should be on your recovery; we will handle all the details of your claim. If you are our client, we want you to be focused on rehabilitation and getting back on your feet.
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What is an inadequate training claim?
An inadequate training claim is a compensation claim for an accident and injury at work that was not your fault but was instead the negligence of your employer in providing inadequate training or a lack of training.
If you have had a workplace accident due to inadequate training, make sure you have all the information and proof/evidence available to share with an accident at work specialist.
Speak to our New Claims team for free legal advice. They will refer it to a member of our litigation team who will see if your case has prospects of being successful.
If your case is taken on by our Personal Injury team, they will talk to you about your case in more detail and explain our client promise to you.
Can you get compensation for an injury from inadequate training?
There are many ways in which an employer could have been negligent by failing to provide training or providing training that was not up to standard to you and your colleagues.
If you have been injured at work in an accident that was caused by inadequate training, you may be able to make an accident at work claim if the incident occurred due to your employer’s negligence.
You may also claim for compensation even if you were partly at fault.
If inadequate training at work caused an accident that aggravated an existing condition, you could be entitled to injury at work compensation. This compensation can cover medical costs, lost wages, and pain and suffering.
Every claim comprises a unique set of factors that will govern how much compensation could be awarded. These can include, but are not limited to:
- The severity of your injuries and any long-term effects.
- How long you’ll be off work to recover and any loss of earnings.
- Money spent because of your injury on travel, medication, or childcare.
- The time involved in your family or loved ones having to provide care or assistance for you.
We aim to ensure that we recover the maximum compensation that you are entitled to, which could include medical expenses, lost earnings, and rehabilitation costs.
There is absolutely no cost in contacting our experts with the details of your accident and injury, and you will find out from a specialist whether your accident at work is something that you could receive compensation for.
How do you prove that inadequate training caused your injury?
There are several things that you can do to prove your employer was negligent due to inadequate training which led to an accident and injury in the workplace.
Firstly, if you know that your employer had communicated prior to the accident about the training that you would undertake, keep this communication and make it available for sharing with an accident and injury at work specialist if you unfortunately require their help. Additionally, keep copies of training documents to demonstrate that the training by the employer was inadequate.
Secondly, if there is an issue or concern in the workplace about the inadequate training, or the lack of training, provided then you, or your colleagues, should report these issues or concerns to your supervisor immediately. It is your employer’s responsibility to provide training that is up to standard, whether provided in-house or external.
Also, there are some key steps that you should take following any accident and injury at work that was caused by inadequate training or a lack of training. These steps will help you prove that the accident and injury were caused, in some way, by negligence.
The first, and most important, step is to make sure you are treated and the accident and injury are recorded in the accident book that your employer should have.
Once the incident has been reported and you have received treatment, or while that is ongoing, collect photos and videos of the workplace environment where the accident or injury happened. Additionally, collect witness testimony and training records which will reflect the quality of training and whether your employer provided inadequate training at work.
After immediate first aid treatment, you should also visit your GP or go to the hospital about the injuries you may have suffered in the workplace. This will confirm the extent of any injury following the accident.
Finally, record your lost earnings because of the accident or injury. This might be useful during a workplace accident or workplace injury claim for compensation that you might be able to make.
What are the time limits for suing an employer for inadequate training?
In the UK, you generally have three years from the date of your accident at work to start a compensation claim and issue court proceedings. This is known as the limitation period. If you fail to start your claim within this timeframe, it’s unlikely you’ll be able to pursue it, except in specific circumstances.
Some exceptions to the Three-Year Rule:
- Mental incapacity: If the injured person is unable to make decisions due to their condition, the time limit may be extended.
- Under 18s: For injuries involving minors, the three-year period begins on their 18th birthday, giving them until they turn 21 to issue proceedings.
The Three-Year Rule means that it is very important that, if you think that you have an inadequate training claim, then you should contact our expert accident at work experts for free, no-obligation advice today.
This advice will make clear if they believe that you might be able to make a successful claim for inadequate training compensation.
