What If I Had No Training To Perform Something That Caused My Accident?
Employers have a legal duty of care towards their employees. Part of the employer’s duty of care involves providing their employees with adequate training to do their role safely. If an employer provides no training or substandard training to their workers, this is an example of negligence.
The kind of training you require will depend heavily on your job role. For instance, a retail worker in a supermarket would not expect to receive the same training as an engineer on a factory floor. But whatever your job role is, you may be able to claim after an accident at work that happened because you weren’t given the right training to do your role safely.
Could I Claim Compensation If I Suffered An Accident At Work, Due To Lack Of Training
Trust UK Law to help you start the process of claiming for a workplace accident. A lawyer from our panel can handle your claim, so you get the compensation you deserve.
What’s more, they can represent you on a No Win No Fee basis, which is a way of funding legal representation. We will look at this in greater detail later on in this guide.
Get In Touch With Our Team
To chat with someone about your case, contact UK Law today. We offer a free claims consultation to anyone seeking compensation for an accident at work. Call us today on 020 3870 4868. Alternatively, contact us in writing via our website to see if we can help you.
Services And Information
- Everything You Need To Know About Being Injured At Work Due To No Training
- How Can A Lack Of Training Cause Injury?
- Why Are Health And Safety Laws Important In The Workplace?
- Training And Information Employers Should Provide
- Who Could Provide Workplace Training?
- Calculating Compensation If I Had No Training To Perform Something That Caused My Accident
- Proving An Employer Failed To Provide You With Training To Perform Something
- Time Limits To Claim For An Injury At Work
- I Was Injured Because I Had No Training To Perform Something That Caused My Accident, Can I Claim?
- Claim For An Injury At Work On A No Win No Fee Basis
- Related Services
- FAQs People Ask About A Lack Of Training At Work
There are several pieces of workplace safety legislation that cover training in the workplace. The aim of these pieces of legislation is to enable workers to carry out their jobs safely. Examples of these laws include the following:
- The Health and Safety at Work etc. Act 1974
- The Management of Health and Safety at Work Regulations 1999
Employers should not assign tasks to workers unless they have received adequate training to carry them out. Doing so is a breach of the employer’s duty of care. If you were made to do a task that you weren’t trained to carry out and you were injured as a result, you might be owed compensation.
This guide will explain how to claim compensation for an accident caused by a lack of training at work. What’s more, we will look at what training employers are supposed to provide to their employees.
Contact UK Law to begin your accident claim, even if you are still working for the employer who acted negligently. If you have had no training to carry out your job safely, you may be owed compensation. You can receive compensation for the pain, suffering and loss of amenity caused by your injuries. So contact us to begin your injury at work claim today.
A lack of training can cause injuries. For example, machines used in manufacturing can cause severe injuries if they are not used properly. However, simple workplace tasks such as manual handling activities can also cause injuries if no training has been given.
Below, we’ve included some examples of injuries that could be caused by employees not receiving proper training:
- An employer does not train their employees to handle hazardous liquids. As a result, an employee suffers chemical burns.
- A worker is not properly trained to operate machinery. Consequently, the worker’s arm is crushed by the machine.
- If an employer does not give employees correct manual handling training, this can lead to back injuries caused by poor lifting techniques.
- An employer provides an employee with personal protective equipment (PPE) but does not train them on using it. Therefore the employee is injured as the PPE is ineffective.
People who have been injured at work might ask, “Can I claim compensation if I caused the accident?”. You might be eligible to claim compensation for an injury that directly resulted from your actions if your employer did not train you to carry out the task at hand.
Sometimes, the incident will be judged as contributory negligence. This is when you have contributed to your accident at work but aren’t totally responsible for the circumstances that caused it.
In a case of contributory negligence, you can still claim compensation. However, you will receive less compensation than you would have, had you not contributed towards your own injuries.
We will now look at some of the laws that protect employees in the workplace.
The Health and Safety at Work Act 1974
The Health and Safety at Work Act 1974 states that employers have a legal duty of care towards their employees. As part of this duty of care, employers must provide employees with adequate health and safety training for the job at hand.
Management of Health and Safety at Work Regulations 1999
The Management of Health and Safety at Work Regulations 1999 states the need for employers to provide adequate health and safety training in the workplace. It states that this should be administered when the employee is first recruited, as well as:
- If a job or role change presents new risks to health and safety
- In the event that new work equipment is brought in or existing equipment is used differently
- If new technology is introduced which exposes workers to new or increased risks
- If a new work system or change to the old work system poses new or increased risks
When appropriate, this training should be repeated periodically. It should also be adapted to any new or increased risks in the workplace as they arise. Training that’s necessary for the role must be done during working hours.
Provision and Use of Work Equipment Regulations 1998
The Provision and Use of Work Equipment Regulations 1998 (PUWER) regulate how workers use machinery at work. A key aspect of PUWER is that employees should only use equipment if adequate training and instruction have been given.
It also states that the same training should be given to any employees who manage or supervise those using work equipment.
Personal Protective Equipment At Work Regulations 1992
Under the Personal Protective Equipment At Work Regulations 1992, employers must provide workers with Personal Protective Equipment (PPE) where needed. What’s more, employers must:
- Instruct employees on how to use the PPE properly
- Tell employees what the PPE is needed for (i.e. what risk it reduces or removes)
- Inform employees on how to keep their PPE working efficiently and in good repair.
If your employer breaches any of these rules, this violates their duty of care. If you’re injured at work as a result, you may be able to claim compensation.
To prevent injuries at work, employers should provide employees with adequate training. The Health and Safety Executive recommends that employers train employees on the following subjects:
- Safety hazards and risks that employees may face at work.
- How to handle safety hazards in the workplace.
- Emergency procedures that the employee may need to follow. For example, fire evacuation procedures.
In some circumstances, employees may need additional training. For example:
- An employee may change roles within a company. This means that they may have new responsibilities which carry new risks.
- Younger employees may require extra supervision and guidance, especially if they are new to the workplace.
- Safety representatives will need the training to help them fulfil the requirements of their role, for example, first aid training.
- Employees may need refresher training from time to time.
Part of an employer’s duty of care is performing risk assessments. This should, in turn, inform the structure of training in the workplace. If a risk assessment identifies a hazard in the workplace that cannot be removed, it may be that employees need training on how to manage this risk.
Workplace training should be provided by an individual who has adequate competence and skill to do so. In some instances, workplaces may hire an external training provider; however, in others, it may be appropriate for an employer to deliver the training themselves.
There are several resources that you can use to get information, materials and training courses. These include:
- Colleges that provide further education
- Health and safety consultants
- Trade unions
- Bodies who award qualifications
- National Occupational Standards
If your accident at work claim is successful, you could receive two heads of claim. These are known as general damages and special damages.
General damages compensate you for the pain, suffering and loss of amenity caused by your injuries. The value of the general damages head of your claim will depend on how severe your injuries are and how long your recovery process has been.
General damages are calculated with the help of guidelines provided by the Judicial College. In addition to this, you will usually be invited to a medical assessment where an independent expert will assess your injuries and compile a report with their findings.
Below, we have included a table showing some guideline compensation brackets for a number of injuries of varying severities.
|Body Part||About||Amount With Uplift|
|Finger||There are serious injuries affecting either the middle or ring finger(s). This could be a broken bone or serious injury to the tendons of the finger. The bracket covers the loss of the middle finger.||£13,970 to £15,330|
|Wrist||Wrist injury (a) where the person can not use the wrist at all. No function remains.||£44,690 to £56,180|
|Hand||A serious hand injury (e) which reduces by half the effective usage of the hand. Several fingers could have been lost and reattached for example.||£27,220 to £58,100|
|Hand||A less serious hand injury (g). Function may still have been significantly reduced.||£13,570 to £27,220|
|Arm||Other arm injuries (f) severe (a) A serious form of injury which falls short of amputation. The person does not have use of the arm.||£90,250 to £122,860|
|Neck||(b) Moderate (i) dislocations and breaks which cause immediate symptoms and which require immediate medical attention.||£23,460 to £36,120|
|Back||Severe (ii) there are special circumstances which take this injury out of the lower categories, but where it does not fit into the higher category.||£69,600 to £82,98|
|Leg||Severe leg injuries (b), (ii) The person will be left suffering permanent mobility problems and may require crutches or another mobility aid.||£51,460 to £85,600|
|Foot||(d) Severe foot injuries such as where you have broken the heel bone in both feet. Mobility will be restricted.||£39,390 to £65,710|
|Foot||(g) Modest injuries to the foot such as a modest break or a ligament rupture.||Up to £12,900|
Special damages, on the other hand, compensate the injured person for any financial costs associated with their injuries. Below are some examples of special damages you can claim:
- Travel costs to and from any hospital appointments or meetings with a solicitor
- Loss of earnings if you have taken time off work
- Private care costs
- Medical costs
- Mobility equipment costs
- Home or car adaptation costs
Our claims team can accurately estimate how much compensation you could receive. Please call our compensation claims helpline today for further free legal advice.
There are a number of different ways that an employer may breach their duty of care towards you in regards to training. For instance, they may fail to:
- Follow necessary health and safety regulations for the working environment.
- Identify what training their employees needed to carry out their tasks.
- Provide their temporary and permanent staff with the correct training.
- Provide the employee with health and safety training that is easy to understand.
- Assign employees tasks that are suitable for their skill level, knowledge and experience.
- Account for employees who experienced a change in their working environment.
- Provide an adequately trained supervisor.
An employer may refuse the claim made by an employee. For example, the employer may state that they provided the worker with adequate training. Your personal injury solicitor will be able to collect evidence to support your claim.
To prove that you were injured because you received no training or because the training you received was inadequate, you may be able to provide the following information:
- The accident book. If there are other accidents reported with similar circumstances to yours, this could indicate that there are failings in the training being provided.
- Reports of accidents made to the HSE under RIDDOR.
- Employees who saw the accident can provide their details for witness statements to be taken at a later date.
- Company or organisation records that detail the training that is being provided to employees
For more information on the kind of evidence you could use to support your claim, why not speak to a member of our team today? You could receive free legal advice about making a claim.
If you wish to claim compensation for an injury at work, the general personal injury claims time limit is three years. If you don’t start your claim within this time limit, you may find it difficult to claim. However, there are some exceptions to this.
If you were under 18 at the time you were injured, you’re not able to handle your own claim until you are an adult. While you’re underage, a litigation friend can claim on your behalf, and the time limit is suspended. Once you turn 18, you have 3 years to make a claim on your own behalf.
Similarly, if the injured person doesn’t have the mental capacity to claim, a litigation friend can do so on behalf of them. If they regain their mental capacity, the time limit starts; otherwise, it’s indefinitely suspended.
We always advise that you start the claims process as soon as possible, as this could make the process of collecting evidence and proving liability easier. Get in touch with our team today for free legal advice and a no-obligation valuation of your claim.
The first thing you should do if you are injured in a workplace accident is to seek medical attention. In some cases, this will mean visiting the hospital straight after the accident occurs. In others, you may be able to visit a walk-in centre or make an appointment with your GP. It’s important that you get the correct medical treatment. You could also use your medical records as evidence to support your claim.
Secondly, you can collect evidence to support your claim. For example, you can photograph your injuries or ask for CCTV footage of your accident at work. If anyone else saw the accident take place, you may be able to collect their details for them to provide a statement later on. However, you may still be able to claim even if there was no witness to the incident.
Finally, while it’s not legally required, you may wish to have a solicitor represent you. Their support and guidance could make the process run more smoothly, and they may be able to help you get more money from your claim.
Our panel of personal injury solicitors can offer representation on a No Win No Fee basis. A No Win No Fee agreement is also known as a Conditional Fee Agreement (CFA).
This agreement states that the claimant will only pay their solicitor’s costs if the claim is successful. This means that you won’t need to pay any upfront or ongoing fees to your lawyer.
You also won’t be asked to cover their costs if your claim is unsuccessful. If you win your claim, your lawyer’s legal fees will be deducted from your compensation award in the form of a success fee. This is legally capped and means that you will receive the majority of the money awarded to you.
If you’re interested in making a claim on a No Win No Fee basis, why not speak to our team today? One of our advisors could connect you with a solicitor from our panel if they feel your claim has a good chance of success.
Thank you for reading this guide to claiming compensation for an accident at work that happened because you were given no training or training of an unacceptable standard. Below, we have included some additional guides that we feel you may find useful.
If you’re self-employed, this guide could help you claim for an accident at work caused by negligence.
Have you been injured at work because of a lack of safety goggles? If so, this guide could help.
This guide can help workers who have been injured because they tripped over a wire at work.
This page details how to report accidents at work.
The government website includes information on Statutory Sick Pay (SSP).
If you’ve been injured at work, this guide on how to tell if you have broken a bone may help.
Now let’s answer some questions about claiming compensation for an accident at work caused by a lack of training.
Can I sue my employer for not training me?
If your lack of training caused an accident in which you were injured, then you may have grounds to claim compensation.
Can I claim compensation if I caused the accident?
You cannot claim if you were wholly at fault for the accident in which you were injured. However, you may be able to claim compensation if your employer’s negligence contributed to the accident. This is known as contributory negligence.
Should I accept the first offer of compensation?
You don’t need to accept your first offer of compensation. Instead, you can make a counter-offer. We recommend seeking legal advice so that your solicitor can offer advice about whether to accept an offer of compensation.
What are the consequences of lack of training?
A lack of employee training can cause workplaces accidents resulting in injury. Inadequate training can also make workplaces less efficient and can lead to mistakes being made.
Thank you for reading this guide to claiming compensation if you were given no training and were injured at work as a result.
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