Good training is a core pillar of any health and safety regulations. If you or your colleagues are not given the correct instructions or training in order to do your jobs safely, serious injuries could be sustained. Such inaction not only presents a breach of a legal responsibility but also a breach of an employee’s trust. To give you further advice on how to deal with this, we’ve created this guidance on inadequate training compensation claims.
Public Interest Lawyers’ panel of highly experienced solicitors know how challenging it can be to deal with a workplace accident. They have years of experience across multiple types of claims and can use that expertise to your advantage. Every solicitor on our panel works on a purely No Win No Fee basis so whatever happens, you are protected from soaring costs.
You can get a free eligibility consultation and make any further inquiries by reaching out to our advisory team.
Select A Section
- What Are Inadequate Training Compensation Claims?
- Employer’s Legal Duty To Provide Training
- What Counts As Inadequate Training?
- Can I Make A Claim For Inadequate Training Compensation?
- Common Examples Of Injuries Caused By A Lack Of Training
- How Much Compensation Can I Get After Lack Of Training Caused An Injury?
- Can I Claim For Other Damages After An Inadequate Training Accident?
- What Do I Need To Make An Inadequate Training Compensation Claim?
- Can I Make A No Win No Fee Claim For Inadequate Training Injuries?
- More Information
What Are Inadequate Training Compensation Claims?
Inadequate training compensation claims are a type of personal injury claim that can be made when poor or no training has led to a workplace accident. As we explore throughout this guide, there are many ways such incidents could take place but a few key aspects remain the same.
Providing training is a key aspect of workplace safety and forms part of the employer’s duty of care. What we mean by this is a legal responsibility for others’ safety. If this duty is not upheld, then a serious accident could occur.
You can learn more about making this type of claim following an accident at work by talking to our advisors.
Employer’s Legal Duty To Provide Training
Employers have a legal duty to provide training under the Health and Safety at Work etc Act 1974. The Act requires reasonable steps to be taken to keep employees safe, and good training is one such example. Other reasonable steps can include providing appropriate personal protective equipment, completing risk assessments and ensuring there are clear fire safety measures in place.
What amounts to “reasonable steps” will depend on the workplace. Office workers will not need anywhere near the level of safety gear and procedures that construction workers would, for example. So, to help employers identify and respond to their workplace hazards, the Health and Safety Executive (HSE) regularly publishes guidance on good safety practices.
Further information on your employer’s legal responsibilities can be sought from our advisory team. Talk to us today using the contact details provided below.
What Counts As Inadequate Training?
Inadequate training refers to any training activities that do not meet the requirements for competency and safety. Depending on the work activity in question, any training will take different forms. A few examples of how bad training, or not training at all, can lead to workplace accidents have been discussed below:
- Your employer did provide sufficient manual handling training to you or your colleagues. This led to you attempting to lift a box without using a trolley that was much too heavy. You experienced a serious soft tissue injury to your back because of this.
- You were instructed to use an industrial saw despite not having the necessary training. Your arm was sucked into the machine, causing a serious and permanently disabling injury.
- A lack of vehicle safety training meant you did not use the restraining bar when operating a forklift truck, nor were you informed of the maximum loads. You overloaded the lifting arm and toppled the forklift, falling from the cab. As well as a major injury to your chest, you suffered significant brain damage.
These are by no means the only ways in which bad training can lead to a workplace accident. To get a free eligibility check regarding the accident you experienced, get in touch with our team today.
Can I Make A Claim For Inadequate Training Compensation?
You could make a claim for inadequate training compensation provided that you can prove your injuries were caused by your employer’s negligent actions. Essentially, your case must meet the following criteria:
- You were owed a duty of care by your employer.
- They failed to uphold this duty by providing inadequate training to you and your colleagues.
- This failure resulted in an accident in which you suffered an injury.
You can find out more about making a claim in your particular circumstances by speaking to one of our friendly advisors today.
Common Examples Of Injuries Caused By A Lack Of Training
Common injuries that could be caused by a lack of training include broken bones, head injuries, soft tissue damage, and damage to internal organs. The severity of these injuries can also vary widely depending on the nature of the accident.
We’ve provided a few different types of injuries that could be caused in a workplace accident here:
- Brain damage and head injuries.
- Paralysis and epilepsy.
- Fractures and broken bones.
- Injuries to internal organs.
- Cuts, lacerations and scarring.
- Psychological distress.
- Spinal injuries.
For more information on the types of injuries you could seek compensation for, why not speak to an advisor today?
How Much Compensation Can I Get After Lack Of Training Caused An Injury?
How much compensation you could get after lack of training caused an injury would depend on the type of injury you suffered, how this has impacted your daily life and whether any financial losses were experienced also.
There are two heads of claim under which this compensation may be calculated. These are:
- General damages: payments for your physical and psychological injuries.
- Special damages: payments for associated financial harm. We take a more detailed look at special damages in the next section.
In order to determine a potential general damages figure for your claim, solicitors can use your medical evidence alongside the Judicial College Guidelines (JCG). This document contains guideline compensation brackets for different injuries, some of which have been used in the table here. We should emphasise that the first figure is not a JCG bracket.
Compensation Table
Please note that this table is intended to act as guidance only.
Injury Type Severity Guideline Compensation Figure
Multiple Very Severe Injuries plus Special Damages including Lost Income, Home Modifications and Care Costs. Very Severe Up to £1,000,000+
Brain Damage Moderately Severe (b) - the person is seriously disabled £267,340 to £344,150
Moderate (c)(i) - a moderate to severe intellectual deficit £183,190 to £267,340
Chest Injuries Permanent Damage (b) £80,240 to £122,850
Some Continuing Disability (c) £38,210 to £66,920
Back Injuries Severe (a)(ii) - nerve root damage with associated loss of sensation £90,510 to £107,910
Severe (a)(iii) - disc lesions or fractures £47,320 to £85,100
Arm Injuries Permanent and Substantial Disablement (b) - serious fractures in the forearm(s) £47,810 to £73,050
Less Severe Injury (c) - a degree of recovery has taken place £23,430 to £47,810
Less Serious Leg Injuries Less Serious (c)(ii) Simple Fracture of a Femur With No Damage to Articular Surfaces £11,120 to £17,180
To learn more about how compensation is calculated in inadequate training compensation claims, you can contact our advisors.
Can I Claim For Other Damages After An Inadequate Training Accident?
Yes, you can claim for other damages, known as special damages, for the financial losses you have suffered after an inadequate training accident. Both past and future losses can be compensated under special damages, so it is very common to see payouts for costs be much higher than those for injuries.
Examples of financial losses that could be reimbursed as part of special damages include:
- Loss of earnings due to any time taken off work.
- Loss of future earnings if you remain unable to work, unable to work the same hours or to the same capacity.
- Medical expenses such as prescription medication, counselling and therapy, rehabilitation services and private treatment.
- Travel to and from work or your hospital appointments if you can no longer drive.
- Domestic care and support for tasks including meal preparation, cleaning, gardening, caring for dependents and DIY if you cannot do this safely on your own.
- Home modifications including access ramps, stairlifts, accessible showers and alarms if your mobility has been affected.
Make sure you hold onto copies of documents including travel tickets, purchase receipts, bills and your payslips as proof of the losses you have sustained.
Any total compensation figure calculated by a solicitor will be subject to negotiation during the claims process. The overall payout is influenced by many factors including the severity of injuries, the costs incurred and the psychological effect. This section therefore is intended to act as a rough guide.
You can ask further questions about potential compensation in your specific circumstances by speaking to our advisory team today.
What Do I Need To Make An Inadequate Training Compensation Claim?
To make an inadequate training compensation claim, you will need to make sure your claim is started within the relevant time limit and that you have the right supporting evidence.
We’ve provide a few evidence examples here:
- Medical evidence, including copies of any scans, tests, consultation notes or post-surgical reports. It is your legal right to request these and they can be useful in showing what injuries were sustained.
- Any CCTV footage of the accident taking place.
- You can take photographs of your injuries and the accident scene. If your injuries prevent you from doing this, someone else can.
- A copy of the accident report in the workplace accident book.
- Any other workplace records that show the training was substandard.
A solicitor from our panel could assist you with collecting evidence if you meet the eligibility requirements.
Is There A Time Limit For Inadequate Training Compensation Claims?
There is typically a 3-year time limit for inadequate training compensation claims, as set out by the Limitation Act 1980. The 3 years are usually counted from the date the accident took place however, certain exceptions can apply in cases involving:
- Children: persons who were under the age of 18 at the time of the accident cannot claim on their own behalf. The 3 years are therefore counted from their 18th birthday, giving injured minors until 21 to start any legal action.
- Persons without sufficient mental capacity: if someone does not have the mental capacity to make their own claim, whether due to the injuries sustained or a prior condition, then the 3 years are frozen altogether. The 3-year time limit will only begin if the person regains this mental capacity and will run from this date.
In order to avoid any undue delays, a suitable adult may act as a litigation friend for the injured person. Litigation friends are granted decision-making powers over the claims process, under strict requirements to act in the injured person’s best interests and adhere to their wishes as far as possible. While it is common to see parents or guardians act as a litigation friend, any adult who meets the suitability requirements could fulfil this role.
You can find out more about gathering evidence, as well as check if any exceptions are applicable to your particular circumstances, by talking to our advisors. They can also provide further guidance around claiming on behalf of another person.
Can I Make A No Win No Fee Claim For Inadequate Training Injuries?
Yes you can make a No Win No Fee claim for inadequate training injuries if you meet the eligibility criteria. However, it must be noted that No Win No Fee refer to the costs of hiring legal representation for your case, and not the cost of making the claim itself. The solicitors on our panel can offer a range of services and support designed with your needs in mind. Here are just a few ways they can help you throughout the claims process.
- Making sure you get the right medical care, rehabilitation and any other professional support you require for your injuries.
- Assisting you with evidence collection.
- Calculating a potential compensation figure, including any lost income and other costs.
- Negotiating a settlement on your behalf.
The type of No Win No Fee contract offered by our panel of experts is called a Conditional Fee Agreement (CFA), which has a number of advantages over other contracts. These benefits include:
- No solicitor service fees to pay at the start of the claim.
- No such fees during the actual claims process.
- You will also not pay any solicitors’ service fees if the claim fails.
Under The Conditional Fee Agreements Order 2013 your solicitor will take a legally limited percentage from your compensation as their success fee if the claim succeeds. This means most of your payout will go directly to you.
Contact Our Advisors
You can get a free eligibility consultation and make any further inquiries by reaching out to our advisory team. Talk to us today via:
- Phone on 0800 073 8803.
- Click the live chat button on your screen now.
- You can also contact us online.
Frequently Asked Questions
Here, we’ve provided answers to a few frequently asked questions to give you some additional information.
What Is Classed As Inadequate Training?
Inadequate training is any training which is insufficient or unsuitable for the work activities in question. This can be judged by both formal qualification and reasonable competence standards.
Can I Claim If I Was Partly Responsible For My Injury?
Anyone who was partially responsible for their injuries could still claim. This is known as contributory negligence, and any compensation payout would be reduced by the degree to which you were considered responsible.
What If My Employer Says I Had Training But I Didn’t?
If the training didn’t occur at all, your evidence will reflect this. Workplace records of all training activities should be maintained and such records can show training did not take place.
How Long Do Inadequate Training Claims Take?
This depends entirely on your individual circumstances. Straightforward claims where liability is admitted straight away can take around 12 months, but the more complex the case, the longer the claim takes.
Can Agency Workers Make A Claim?
Yes, agency staff must be kept safe the same as full time employees. If this does not happen, and they experience injuries, they are entitled to seek compensation.
More Information
You can read more of our personal injury claims guides on our website:
- Find out when you could make a catastrophic injury claim after a serious accident.
- Learn more about reporting a workplace accident and what steps to take.
- Read our guidance on making a slip, trip or fall at work claim here.
We’ve also included these external resources that you might find helpful:
- Learn more about work equipment and machinery safety from the HSE.
- The NHS has published this resource on when to call 999 following an incident.
- Find out more about benefits and financial support on the government website.
Thank you for reading our guide to inadequate training compensation claims. To get your free eligibility assessment or to ask any questions, talk to our team today.