Providing appropriate training at work is just one of the duties that make up an employer’s legal responsibility for their employees’ safety. In this guide, we discuss when injuries due to no training at work can make an employee eligible for a personal injury claim.
Training is important across several industries to prevent accidents that cause serious or even fatal injury. As the guide progresses, you will see examples of workplaces where employees need proper training. We also look at how you can prove that an employer was negligent.
You may be wondering how compensation is calculated to help you with the effects of a workplace injury. At the end of this guide, you can learn what compensation can cover, as well as how our specialist personal injury solicitors could help you get a fair settlement on a No Win No Fee basis.
We offer a free advice service where you can ask an advisor any questions you may have about claiming compensation for workplace accidents. You can also have your case assessed by an advisor who could then connect you with an expert solicitor if you’re eligible. Choose one of the below routes to get through to us at any time:
- Call 0800 073 8801.
- Contact us through our web form.
- Use the live chat feature at the foot of the page.
Select A Section
- What Is An Employer’s Duty Of Care To Provide Workplace Training?
- What Workplaces Or Roles May Be More At Risk Of Injuries Due To No Training At Work?
- How Do You Prove You Were Not Provided With Workplace Training?
- Estimating Payouts For Injuries Due To No Training At Work
- How Could An Accident At Work Solicitor Help You On A No Win No Fee Basis?
- Learn More About Claiming For Suffering Injuries Due To No Training At Work
What Is An Employer’s Duty Of Care To Provide Workplace Training?
An employer’s legal duty to take steps, such as providing health and safety training, to prevent injury at work is set out in the Health and Safety at Work etc. Act 1974. According to Section 2 of the Act, an employer’s duty of care is to take all reasonably practicable measures to prevent harm to their employees in the workplace. One of these steps is to provide adequate training so employees are able to carry out their work-related tasks safely.
Additionally, Section 10 of The Management of Health and Safety at Work Regulations 1999 states that employers need to give employees understandable and relevant information on health and safety risks and protective measures.
It can be argued that an employer fails in their duty if they give poor training, or none at all, and an employee is injured in an accident that probably wouldn’t have happened if they were properly trained.
You could make a personal injury claim against your employer for injuries due to no training at work if you can prove that:
- They owed you a duty of care.
- There was a breach of this duty caused by providing no or inadequate training.
- Because of the breach, you suffered psychological and/or physical injuries.
How Long Do You Have To Claim For An Accident Due To No Training At Work?
Due to a time limit set out by The Limitation Act 1980, people wanting to claim compensation for inadequate training at work must typically submit their personal injury claim within three years of the accident happening.
While that is likely to be the limitation period for an accident at work claim, some cases will call for an exception. For example, someone without the mental capacity to claim could see their time limit paused indefinitely, unless a litigation friend is appointed by the court to make decisions for them. Alternatively, the person will have three years from the date of recovery to start legal proceedings themselves if they recover their capacity and no claim has already been made for them.
You can find out your time limit or ask any questions about eligibility for personal injury claims by calling the number above.
What Workplaces Or Roles May Be More At Risk Of Injuries Due To No Training At Work?
Statistics from the Health and Safety Executive (HSE), the UK’s workplace health and safety regulator, showed that the following industries saw the most work-related non-fatal injuries in 2022/23:
- Human health and social work – this includes people working in hospitals or care homes.
- Manufacturing.
- Transportation and storage.
This was per reports made by employers under the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 (RIDDOR).
Construction, where employees often need to operate industrial machinery or work at height, was found to account for the greatest number of workers killed in fatal workplace accidents in 2022/23 alongside the agriculture, forestry, and fishing sectors.
These industries, as well as those working in the likes of education or construction, need employers to protect employees from harm wherever they can. This includes giving proper workplace training, as well as taking steps like doing regular risk assessments and providing personal protective equipment (PPE). Failing to do so puts employees at risk of workplace injuries.
Take, for example, a factory where employees regularly lift and carry heavy objects. If new recruits do not get induction training, or the workforce is not given appropriate manual handling training, the risk of suffering a manual handling injury increases.
Even if you are adequately trained, the danger of workplace injury remains if that education is not available to everyone. For example, you could be hurt by a fellow employee if they are not trained properly on using electrical equipment and cause an accident through misuse.
If a workplace accident saw you suffer injuries caused by employer negligence, you may have a right to seek compensation. Call today to discuss your claim for injuries due to no training at work, we can assess your eligibility to proceed for free.
How Do You Prove You Were Not Provided With Workplace Training?
You may be wondering what steps to take if you were injured at work due to receiving no training. To prove employer negligence, you will need to show to the best of your ability that there was a lack of training which led to an accident. You must also show the resulting harm and its effects. Examples of relevant evidence include:
- CCTV footage of the incident and who or what caused it.
- Photos of the accident scene. You may also be able to share pictures or screenshots of complaints made about a lack of adequate health and safety training in the past.
- A copy of the entry in your workplace’s accident book regarding the incident.
- Medical records. Regardless of whether you seek medical attention from the NHS or go through private medical treatment, you have the right to access your health information.
- Witness contact details. A witness may be able to back up claims that the accident was due to inadequate training.
One of the aspects of the claims process our solicitors can help with is gathering and presenting documents to support your case. If instructed, they can also arrange for you to attend an independent medical assessment that can produce a medical report to use as a reference when valuing your claim.
Call for more information on claiming for injuries due to no training at work and how one of our solicitors could assist you.
Estimating Payouts For Injuries Due To No Training At Work
If you can prove your employer was negligent in not providing correct and effective training in the workplace, you could be awarded compensation. The payout for an accident at work claim depends on different factors, including the extent of injuries and how severely your life will be affected going forward.
At least part of a compensation settlement would directly address physical harm and emotional suffering caused by injuries due to no training at work. You may hear this referred to as the general damages head of loss.
Those figuring out this part of a payout could look at the Judicial College Guidelines (JCG), a document containing guideline compensation amounts for different types of injury. They might also take a look at an independent medical report to understand the extent of harm you suffered.
Compensation Table
We have used the JCG brackets to create this table. It can be used as an alternative to a personal injury claims calculator, but it is still only a guide. Please note that the top line is not from the JCG.
| INJURY | SEVERITY | COMPENSATION GUIDELINES | NOTES |
|---|---|---|---|
| Multiple Serious Injuries Plus Financial Losses | Very Severe | Up to £1,000,000+ | Compensation for multiple psychological and/or physical injuries, as well as to address monetary loss like missed earnings, care costs, and travel bills. |
| Paralysis | Tetraplegia | £324,600 to £403,990 | Paralysis of the upper and lower half of the body. The top end of the bracket applies when the condition causes physical pain or affects senses and communication. |
| Brain and Head | Very Severe | £282,010 to £403,990 | The compensation awarded is affected by the likes of the injured person's degree of insight and the extent of physical limits. |
| Moderate (i) | £150,110 to £219,070 | Cases featuring a moderate to severe deficit in intellect. The injury can also have effects on the sight, speech and senses. There are no employment prospects. | |
| Back | Severe (i) | £91,090 to £160,980 | The most severe injuries that feature spinal cord and nerve root damage leading to serious and abnormal consequences. |
| Amputation of Arms | Loss of One Arm (i) | Not less than £137,160 | The arm is amputated at shoulder level. |
| Severe Leg Injuries | The Most Serious Injuries Short of Amputation | £96,250 to £135,920 | Injuries that are so severe that damages can be awarded at a similar level to an amputation. For example, where fractures have not united and extensive bone grafting is needed. |
| Foot | Very Severe | £83,960 to £109,650 | This bracket only applies where an injury causes permanent, severe pain, or really serious and permanent disability. For example, a loss of a substantial portion of the heel grossly restricting mobility. |
| Hand | Serious Damage to Both Hands | £55,820 to £84,570 | Injuries bring about a significant loss of function, as well as permanent cosmetic disability. |
| Knee | Severe (ii) | £52,120 to £69,730 | A leg fracture extends into the knee joint. This causes constant and permanent pain, plus limited movement. |
Compensation For Special Damages
An inadequate training injury claim payout might also feature compensation under the special damages head of loss. This applies if you have been affected financially by your injuries. If you have proof of your losses, you could claim for the likes of:
- A loss of earnings if you cannot work while injured.
- Travel expenses.
- Care costs.
- Home adaptation fees.
Call today and speak to an advisor if you’d like to know more about how much compensation you could be awarded for an accident caused by having no proper workplace training.
How Could An Accident At Work Solicitor Help You On A No Win No Fee Basis?
If you have a valid workplace injury claim, you could benefit from the expertise of a personal injury solicitor. Having a solicitor on your side means you have access to free legal advice and support during your claim.
The Conditional Fee Agreement our solicitors offer means that you do not pay for their work upfront or as the case progresses. Because it is a type of No Win No Fee deal, the agreement means you do not pay solicitor fees if your claim loses.
If your case wins, the solicitor will take a success fee. However, this will only be a small percentage of your compensation due to a legal cap applied by The Conditional Fee Agreements Order 2013.
Talk To Our Team About Your Case
Have you suffered injuries due to no training at work? All you need to do is contact us and share some basic details, and you could find out right away if you have grounds to start a compensation claim. You could be connected to one of our solicitors and offered a No Win No Fee agreement if you’re eligible.
There is no charge and no obligation. So, for a stress-free consultation, choose one of the below contact details to get in touch:
- Call 0800 073 8801.
- Contact us online.
- Open the live support box below.
Learn More About Claiming For Suffering Injuries Due To No Training At Work
Some more of our guides:
- Learn how we can help with a claim for a back injury at work from lifting.
- Our manual handling FAQ answers important questions about claiming compensation for manual handling injuries.
- We discuss a part time worker accident claims right to make an accident at work claim.
Also try these resources:
- Government information on how to request CCTV footage of yourself.
- Also from the government website, an overview of Statutory Sick Pay and how to get it.
- The HSE’s guide to health and safety training for employers.
Thank you for visiting our guide. If you have suffered injuries due to no training at work, just give us a call to find out whether you can claim compensation.