Can You Sue An Employer For Lack Of Training at Work?

Accidents at work can happen if employers fail to provide a safe working environment. For instance, you could be injured by faulty machinery if your employer failed to maintain it properly. However, can you sue your employer for a lack of training? Well, the answer is yes in some cases and we’ll provide you with more information throughout this guide. You’ll read about how accidents at work claims work and when you could claim compensation for incidents caused by insufficient training.

We provide a free initial consultation if you would like to discuss your case with a specialist. In the call, we’ll review your case, check what training you were given (if any) and answer your questions. If it looks like your lack of training has caused your injuries, one of our accident-at-work solicitors may agree to represent you. If they do, they’ll provide a No Win, No Fee service meaning you’ll only pay for their work if you receive a compensation payout.

To find out more, you can:

• Call our legal advisors now on 0333 241 2519.
• Use our free online chat service.

If you want to know more about claiming compensation for accidents caused by a lack of training, read on. Please feel free to contact us if you have any questions along the way.

What Duty of Care Do Employers Have When It Comes to Workplace Training?

Section 2 (2c) of the Health and Safety at Work Act 1974 means employers should provide “information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work” of their employees.

This is an overarching duty that requires employers to provide enough training to try and prevent accidents at work.

Other laws may provide more specific instructions for employers for certain roles and tasks such as Section 5 of the Work at Height Regulations 2005 when working up ladders or scaffolding, Section 9 of the Provision and Use of Work Equipment Regulations 1998 when using equipment and machinery at work and Section 9 of the Personal Protective Equipment at Work Regulations 1992 if PPE is provided by your employer for work purposes.

Additionally, there is a legal requirement for companies to write a Health and Safety policy that explains their general approach to safety in the workplace. Importantly, the policy must be made available to staff and any changes to it must also be shared.

When Can You Sue an Employer for Lack of Training?

You might have grounds to sue your employer for a lack of training if:

• You can demonstrate that your employer owed you a duty of care; and
• Your employer failed to provide adequate training relating to your role i.e. they were negligent; and
• You were injured as a direct result of that negligence in the last three years.

You will of course need to prove that all of the above are true if you are to receive compensation for injuries caused by insufficient training.

Do All Staff Have to Be Trained by Employers?

Due to different pieces of legislation, all staff can expect the same level of training when it comes to workplace safety. That means you could sue your employer for a lack of training if it caused you to be injured whilst working as a temp, contractor, agency worker, zero-hours staff or subcontractor.

So long as you can demonstrate that you were not properly trained and that caused you to be injured at work, one of our solicitors might agree to represent you. Please call now to find out more.

Can I Be Sacked for Suing My Employer?

Legally, your employer cannot discipline you in any way for starting a personal injury claim against them for a genuine injury they caused.

If you have been sacked, demoted, bullied, picked on or faced any other negative consequences after suing your employer for lack of training, you could also have grounds to claim for constructive dismissal.

What Types of Accidents Could Be Caused by a Lack of Training at Work?

Here are some scenarios of workplace accidents that could result from a lack of training at work and a compensation claim:

• Where you crashed a forklift truck and its load fell on top of you because you were told to operate the vehicle without the proper training.
• If you fell from a height off a raised platform and broke multiple bones because you’d not been trained on how to use a safety harness properly.
• Where you sustained a slipped disc at work while moving heavy loads because you’d not received proper manual handling training.
• If you sustained chemical burns at work while mixing cleaning products because you’d not been trained on how to do so safely.
• If you sustained an RSI injury at work if you’d not been trained on proper technique or taking regular rest breaks.

If you’ve suffered any type of injury at work and would like to sue your employer for lack of training, why not let us assess the merits of your case for free?

What to Do If You’re Worried About Being Injured at Work Due to Insufficient Training

If you believe that a lack of training is putting you at risk in the workplace, you could:

• Write to your employer and explain your concerns. You could also explain what type of training would help.
• Refuse to work if you believe that there is an imminent danger due to insufficient training.

Also, if you are injured at work due to a lack of proper training, you should ensure that you tell your employer about the incident, ensure it’s logged in the accident report book and seek medical treatment for any injuries that cannot be resolved with first aid.

How Do I Prove That Poor Training Caused an Accident at Work?

Evidence is crucial if you want to sue your employer for a lack of training. It needs to prove how your accident happened, why it happened and the suffering you’ve endured as a result.

Some examples of evidence you might use to help prove your case include:

• Hospital or GP records to prove your injuries.
• Copies of training records from your employer.
• Witness statements from colleagues to help prove that you were inadequately trained and how the accident occurred.
• CCTV footage and photographs from the accident scene.
• Correspondence between you and your employer regarding training (emails, text messages etc).
• A copy of an accident report form to prove when and where you were injured.

Don’t worry if you don’t have all of the evidence listed as, if you’re entitled to sue for workplace accident compensation, your solicitor may attempt to secure it on your behalf.

How Long Do I Have to Start an Accident at Work Claim?

If you sue your employer for an injury caused by lack of training at work, the legal time limit for personal injury claims as defined in the Limitation Act 1980 is 3 years. The claims period will normally start on the date on which you were injured in an accident at work. If you were under 18 years old, the three-year limit starts from your 18th birthday, giving you until you turn 21 to make a claim.

However, if you weren’t immediately aware that the injury was caused by the work accident, the three-year limit could start from the date you knew, or should have known, that your injury was related to the accident.

The Limitation Act enables claims made outside of this period to become statute-barred. This means that your employer could reject a late claim and you’d miss out on any compensation due.

Therefore, we’d suggest that start the process of suing your employer for a lack of training at your earliest opportunity.

How Much Compensation Could I Sue My Employer For?

If you successfully sue your employer for an accident caused by inadequate training, you’ll receive compensation for your suffering. This will normally be divided into two heads of loss.

The first, general damages, covers the pain, suffering and loss of amenity your injuries have caused. This will need to be proven medically by hospital records and independent medical assessment reports. Once your solicitor has these, they may use the Judicial College Guidelines to help value this part of your claim.

Additionally, special damages, (the second head of loss), provide compensation for any expenses linked to your injuries. For instance, you may need to claim for:

• The cost of support or care at home.
• Lost earnings.
• Medical and rehabilitation costs.
• The cost of making changes to your home if they’ll help you to cope with an ongoing disability.
• Future loss of income.
• Travel expenses.

If your case is managed by one of our solicitors, they’ll take the time to properly assess the impact of your injuries. By doing so, they can better ensure that you receive the maximum amount of compensation possible.

Do You Need a Solicitor to Sue for a Lack of Training Accident?

Proving that an accident at work occurred because of inadequate training can be difficult. For that reason, you may want to ask one of our personal injury solicitors to help you. As well as managing your case, they’ll fight your corner if any objections are raised regarding liability for the accident.

Having a solicitor on your side should result in a smoother claims process and it could lead to a higher settlement figure than you might expect if the claim is successful.

What’s more, our solicitors offer a No Win, No Fee service when taking on accident claims linked to inadequate training.

This means that once you’ve signed a Conditional Fee Agreement (CFA), your solicitor will start working on your case without being paid upfront.

Using a CFA means that you don’t need to pay for your solicitor’s efforts unless compensation is awarded. If that happens, they’ll deduct a percentage of the payout to cover their success fee before you’re paid.

To stop you from giving up too much of your settlement, success fee percentages are legally capped at 25 per cent due to the Conditional Fee Agreements Order 2013.

If you would like to check if you can sue your employer for a lack of training on a No Win, No Fee basis, please call our legal advisors for a free assessment of your case now.

How Long Should the Claims Process Take?

Each workplace injury claim is unique and several factors might affect how long yours takes.

For instance, if you sustained an eye injury at work because of a lack of manual handling training, you could be compensated in around 4 to 6 months so long as you’ve made a full recovery and your employer admits responsibility.

On the other hand, if you sustained a severe spinal cord injury after falling from a ladder because you weren’t trained on how to work at height, your claim could take well beyond a year. The length of your claim could be affected by negotiations or if it’s not yet clear how your life will be affected by your injuries. Crucially, in these circumstances, you might be paid interim compensation to help you financially before your claim is settled if your employer has admitted liability.

Contacting Us About a Lack of Training at Work Compensation Claim

If you believe that a lack of proper training has caused you to be injured at work, why not contact us to find out if you could be compensated? To do so, you just need to:

• Phone our legal advisors now on 0333 241 2519.
• Connect to our 24/7 live chat service for free advice.

You won’t be pressured into suing your employer for a lack of training-related injury if you contact us but we will review your case carefully and talk you through your options.