Inadequate Training Accident Compensation Claims

22 questions have been answered below, why not ask your own?

If you have been injured as a result of inadequate training, you are entitled to claim compensation. In this article we look at how to know if you have a valid claim, and what’s involved in making one.

Table of contents

Introduction

Employers and event organisers are legally obliged to assess the risks that their workplace or activity present. They must ensure that workers or participants are advised of the risks present and given sufficient and adequate training.

While most often associated with an accident at work, these claims can also arise from leisure activities or other events. Basically, anywhere that a group leader or organisation has failed to adequately train and prepare someone to be able to identify hazards and risks to health, and minimise the risk of being injured.

Inadequate training claims commonly relate to manual handling injuries, such as soft tissue and back injuries, lacerations or crushing injuries from using dangerous machinery or tools. In the more severe claims we see permanent consequences such as restricted mobility, scarring and psychological trauma.

Claims will succeed, and see the claimant obtain a compensation settlement, if it can be proven that an employer or other organisation has been negligent and failed to comply with their statutory duties in providing necessary training to staff.

Why claim compensation for your injuries?

Claiming personal injury compensation can help ease some of the problems you’ll experience and help in a number of ways:

  • It’s your legal right, and if successful will fairly compensate you for injuries that were not your fault
  • A successful claim could fund private medical treatment and rehabilitation therapies to speed your recovery
  • It can help you recover lost income now and in the future if you are prevented from working again
  • If an inadequate training accident has led to a fatality, loved ones can claim compensation for their loss

As all claims are made on a No Win No Fee basis, you will never be charged if your claim does not succeed. A successful claim will lead to a compensation settlement being made to you, with the value of the claim including any lost income and incurred costs as well as a settlement for the injuries and medical treatment that you have sustained.

How to know if you have been inadequately trained

In the majority of cases, inadequate training claims are made as a result of an injury suffered at work. In such cases, a claim will succeed if employer negligence can be proved. This includes instances where the employer has not provide sufficient training to use machinery or tools safely, or enabled staff to identify risks to health, for example. Therefore, they are deemed to have exposed someone to an injury that could have been avoided.

Employers must ensure:

  • That staff are provided with an adequate induction to the workplace. In safer workplaces such as an office, this should include fire safety training and basic manual handling. In more dangerous workplaces, such as a construction site, factory or engineering plant, training and guidance should be far more in-depth and specific to the risks of that particular workplace.
  • That staff are made aware of any protective personal equipment requirements.
  • That equipment is of sound working order and fit for purpose, by way of regular servicing and repair of the same.
  • That tools or machinery are only used by workers who have been trained or qualified to operate them.

Inadequate training claims relate to injuries that should have been avoided. It may seem obvious to many, but if an employee is tasked with a physical job such as lifting repeatedly, it is important that they are trained to lift safely and have manual handling training. If not, soft tissue injuries to the lower back are likely. If an employer fails to train someone to use machinery safely, the extent of an injury can be much more serious.

Any person who suffers an injury because of inadequate training is entitled to make a claim for personal injury compensation. This applies to agency and temporary workers as well as full time staff. All have the same rights when it comes to accidents at work.

If you believe that your injuries were caused because of an inadequate training accident, you are likely to be able to hold your employer or activity organisers liable for your injuries and may well succeed with your claim for compensation. If this sounds like your situation, you should contact Direct2Compensation today to start your claim.

How Direct2Compensation can help

As with all claims for injury compensation, it is important to make sure that the details of your accident have been recorded properly within an accident book and that medical attention is sought for any injuries that you have sustained. If you haven’t done this already, we can help you to do so.

At Direct2Compensation we have the know-how to evaluate whether you were injured because of inadequate training and can tell you whether or not your claim is likely to succeed. Over the years we have successfully assisted many claimants and helped them to find the right specialist injury compensation solicitor to manage their claim.

We work with some of the best expert injury compensation solicitors in the UK.  With our easy to understand claims process and ability to handle your claim quickly, simply and transparently, there are many reasons that make us the right choice.

If you have suffered an injury at work and want to know if you can make a claim for compensation, contact us today. You can start your claim online or request a call back, and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.

22 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Scott

    I work in the care system. And support boys with autism and learning difficulties. I’ve been there 7 months now and haven’t received restraint training yet. And today I got injured, not severely but I was millimetres away from an eye injury. All of this could have been avoided as I’m not allowed to restrain the children.

    Reply
    • Ian Morris

      If your employer fails to provide you with the necessary training to enable you to work safely, they are at risk of being liable should you then suffer an injury at work that the training may have prevented. You should again request the restraint training from the employer and do so in writing.

      As you appear to have escaped serious injury, you may not be able to claim for this recent injury. However, it is vitally important that you record the injury you have sustained in the employers accident book. Such a record in an employers accident book may be very useful at a later date should the injuries prove to be more serious than you had believed and would provide evidence to support any claim should one be made in the future.

      Reply
    • Caroline Mcateer

      I started working in a McDonalds. I was being shown how to use the fryer for about a hour on my first day then left to do it on my own. I was then was back in on the Saturday and was put on to the fryer again and was on it for about an hour when I got a really bad burn to my arm. I was giving no first aid and told to put cold water on it and had to stay to finish my 8 hour shift. I did sign an accident report form.

      Reply
      • Ian Morris

        As an accident report was completed, there is evidence to confirm that you were injured at work. We would be happy to further investigate a potential claim for you against your employer as a result of your burn injury at work. There is a potential for success due to a lack of suitable training and guidance.

        If you would like to make a claim, please call us on 01225430285 or if you prefer, you can get the ball rolling by using our online ‘start your claim‘ service.

        Reply
  2. maureen

    My contract at work has terminated on the 19/5/2020i have been on sick leave since January. I injured my shoulder at the end of August and still awaiting treatment I was not told where the accident book was kept until a meeting 4 weeks later. I didn’t put it in the accident book then as the pain was bearable we had no training on the machine which knocked me over at all, and at that meeting we were told we would get training 15 min a week still never had any up to me sick in January.

    Reply
    • Ian Morris

      Regardless of the accident book issue, our initial view is that you have a valid claim for personal injury compensation. Please call us on 01225430285 so that our team can help you to recover compensation for the injury to your shoulder and also any loss of income, overtime payments or bonuses. The lack of training on the correct use of the machine is likely to be seen as employer negligence and that should enable our specialist Solicitors to win your claim for you. If you would rather we called you, simply let us know your number and when you would like a call and we’ll contact you to explain your rights and help you make your claim for compensation.

      Reply
  3. Mandy Newnham

    I was injured at work in 2013. It was a back injury after restraining a child with special needs. We had no training at the time this happened.
    It took the nhs years to treat this injury correctly and had spinal surgery in 2017. I carried on working during this time and was even put back in the same job with the same children and still wasn’t given correct training.
    Due to complications from the first surgery I now need a fusion.
    The whole process at the school wasn’t handled correctly at all and no back to work meetings took place for years and although on my original return to work form I ticked absence due to accident at work it was never flagged up.
    If I knew now what was going to happen I would have filed a complaint as they were clearly negligent.
    Do I have any rights to sue the school at all now?
    I know there is a 3 year period but I was unaware of the long term disability I would be in at that point due to NHS being so slow?

    Reply
    • Ian Morris

      Sadly, our view is that the 3 year issue will prevent you from being able to do anything in terms of making a claim.

      Reply
  4. Anna

    I get injured at work on 26 nov2018, they give me compensation for occupational injuries form, I am general worker but on 26/11/18 they give me the machine to operate without training so I got injured and and now they put emergency things on that machine I was working, are they going to pay me or not?

    Reply
    • Ian Morris

      Under UK law, an employer is obliged under the Health and Safety at Work Act to ensure that all staff using potentially dangerous machinery are adequately trained and competent in using the machine. Further, the machinery must have the required safety guards and emergency stop mechanisms fitted. If this was not the case at the time of the accident at work, the employer would be liable and negligent under UK law.

      Reply
  5. George Rainey

    I was driving a forklift in my last employment without a licence or any appropriate training given to me at all. Causing me injury to my rotator cuff (shoulder) I have received medical treatment twice now since then and still am. Ì was told by my employer to drive away for practice on it as it would help me pass my test first time. 8 months later I was still driving it with no training, tests, assessments etc. Now I’ve left the place and have struggled with my shoulder ever since in my new job, which is holding back my performance, not only at work but at home too.

    Reply
    • Ian Morris

      Your employer was negligent in allowing you to drive a forklift without the appropriate licence to do so. Therefore, in theory if you have sustained injury as a result you may be able to pursue a claim against your former employer for the injury you have sustained.

      Before we can advise further as to whether or not you have a valid claim for compensation, we need to ask some questions about your employment, specifically what has been reported to the employer regarding your injury, any symptoms you suffered with or any complaints you made about lack of training.

      Reply
  6. Lesa

    Okay so I got my finger sprained at work and had to take some time off. I was trained by someone who repeatedly put his hands into the machine and didn’t go over half the machine. Am I entitled.

    Reply
    • Ian Morris

      The training from your employer you describe would appear to be inadequate to ensure that you could work with the workplace machinery safely. Of course, we would need to speak to you in detail to find out more about your work, your employer and the training you were given before we could offer definitive advice to you, but if we can demonstrate employer negligence, then it is very likely that you would have a valid claim for work accident compensation.

      Reply
  7. Shane

    So I’m at work and first day of training they put me to work with a little training and the following days of the week all I did was work and with little training but we are told to wear safety boots but today while the guys were pushing an 800 pound roller they ran over my foot and I couldn’t walk for an hour and iced it for that long now the swelling went down and I’m feeling a little better so far Can I still sue ?

    Reply
    • Ian Morris

      If you have been placed in an area of risk by an employer and not been given the correct training or Personal Protective Equipment (PPE) and then sustain an injury at work, you can pursue a claim for compensation.

      In your case, you need to make sure that the accident has been reported and that you seek medical treatment for your injuries. This will be vital to the outcome of any claim you wish to make. Once you have done this, please call us on 01225430285 and we’ll take some initial details ahead of finding the right specialist Solicitor to pursue your claim for accident at work compensation.

      Reply
  8. jess

    I’ve twisted my knee at work, whilst handling stock and was rushed into hospital. It is swollen and currently in pain. The manager was there and did not say anything about filling in an
    accident form or anything. Doctor said i need to rest it a couple days and let the swollen calm down before an MRI can be done on the Knee.

    Am i entitled to sick pay and well as claiming them?

    Reply
    • Ian Morris

      You should contact your employer at the earliest opportunity to ask that they make an accident book record of your injury. I would suggest that the best bet would be to email your employer and outline the nature of your injury and also any issues that you think caused the injury – such as a lack of training or manual handling guidance.

      Your employer is not obliged to pay you your full salary/usual income if you are signed off as unwell or injured – even if that injury was caused in an accident at work. Sadly, most employers do not pay full sick pay and only provide Statutory Sick Pay (SSP). However, you may well have grounds for claiming compensation against your employer that would, if you were to succeed, see you obtain a settlement for the knee injury and also enable you to recover all lost income and costs.

      Reply
  9. Peter

    Hello my names peter just a quick question regarding injuries at work I fell at work over a pallet truck used for moving pallets of trays it was my own fault as i was using it at the time in moving a pallet of trays I wrote that down in the injury report book at work at the time , I was then taking to hospital x rayed resulting in me having fractured my left shoulder the accident itself as i said was my own fault , however I was told to work outside in the yard a few times before this incident because we were short staffed , and I am not trained in anyway or signed off to work outside in the yard or use any equipment such as the pallet truck as my Pacific job with the company I work for is dispatch operative packing food products in to trays for distribution. Do i have a case against the company for making me work outside in the yard with out any formal training is using equipment etc?

    Reply
    • Ian Morris

      Peter

      Thank you for your enquiry. I would suggest that it is worth us getting our specialist solicitors to discuss this with you. Although you feel responsible for the placement of the pallet truck that you fell over, you have also cited a lack of training for the area in which you were working at the time. With this in mind, there maybe something we could do.

      Clearly, I don’t know the full details at this stage, but I would suggest that you call our office on 01225430285 (or make a contact enquiry through our website) so that we can discuss this with you and find out more. We could then offer proper advice to you and potentially help you make a claim for compensation.

      Reply
  10. Stu

    Hi I recently recovered from an injury at work where I was asked to do a job I had not been fully trained on and as a result I rolled my foot after slipping and broke my 5th metatarsal. Was on sick pay for 2 months and now due to the injury I got I developed a blood clot in my leg! Have been on medication for this and am finished being under care by doctors/hospital but my leg is still very swollen and sore from the DVT and have been told I could be like this for rest of my life! Will I be able to claim for the break and the blood clot as without braking a bone at work I would never be in this position?

    Reply
    • Ian Morris

      Stuart

      If your employer has tasked you with duties and not provided you with sufficient training, then they are guilty of employer negligence and are in breach of the health and safety requirements faced by all employers. On the basis of the information you have provided, it sounds like you have every chance of succeeding with a claim for compensation for the injuries you have suffered as a result of your work situation.

      The initial injury would most certainly form the basis of the accident at work claim, but with the right medical evidence our specialist injury compensation solicitors would look to include the full impact of the ongoing troubles caused by the DVT you mention. To obtain this evidence, we use specialist medical experts to assess our clients, review medical records and then write a report. This is all done for you as part of the No Win No Fee process we work to. To find out more read our article about medical reports and assessments here: https://direct2compensation.co.uk/help-articles/why-claimants-undergo-medical-assessments-who-pays-the-cost-of-it

      You should most certainly bring a claim against your employer as you have not only suffered a nasty initial injury – a bone fracture to the foot could have some permanent implications in itself, but also the ongoing DVT issue and swelling to the leg which sounds like it could be a long-term problem for you.

      We would be very happy to help you with this and I suggest that you provide us with your contact details so that one of our team can call you to take some further information. We can then put you in touch with the right specialist employer negligence solicitor who will then pursue your claim on a no win no fee basis. You can call our office on 01225430285 or reply to my email to you to provide your contact details.

      We look forward to helping you.

      Yours sincerely

      Ian

      Reply
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