Russell Worth Personal Injury Blog:

Can I claim compensation for a workplace injury caused by lack of training?

Aug 22, 2018 | Personal Injury, Work Accidents, Workplace injuries

Russell Worth Personal Injury Blog:

Can I claim compensation for a workplace injury caused by lack of training?

If you were not provided training for your health and safety at work, and this led to an accident, then you may be able to bring a claim for compensation. Health and Safety is a primary tool by which employers can ensure workers understand the risks they are exposed to, and how they are controlled. Training also promotes a culture within the organisation of ‘safety first’, whereby all staff are personally invested and committed to protecting the well-being of themselves and their colleagues.

What does the law say about health and safety training?

At the highest level, the health and Safety at Work etc Act 1974 (HSW) places a requirement on all employers to provide the necessary training needed to ensure the health and safety of employees. The Management of Health and Safety at Work Regulations 1999 (MHSWR) adds further obligations by providing specific contexts in which health and safety training may be needed; the regulations state:

“Every employer shall ensure that his employees are provided with adequate health and safety training:

(a) on their being recruited into the employer’s undertaking; and
(b) on their being exposed to new or increased risks because of—

(i) their being transferred or given a change of responsibilities within the employer’s undertaking,
(ii) the introduction of new work equipment into or a change respecting work equipment already in use within the employer’s undertaking,
(iii) the introduction of new technology into the employer’s undertaking, or
(iv) the introduction of a new system of work into or a change respecting a system of work already in use within the employer’s undertaking.

The training shall:

(a) be repeated periodically where appropriate;
(b) be adapted to take account of any new or changed risks to the health and safety of the employees concerned; and
(c) take place during working hours”

This means it is not good enough just to provide health and safety training to employers as a one-off exercise. For example, if you have changed jobs, and therefore been exposed to a new risk for which you have not received training, and this has caused you to suffer an accident, your employer may be in breach of the MHSWR.

Who requires health and safety training?

It is a mistake to assume that those who provide workplace safety training don’t require training themselves. All levels of employers need to be trained for their role, regardless of whether they are the owner, a manager, or supervisor. Those in positions of responsibility need to understand the health and safety guidelines they need to impart in turn to their teams and departments. So if your manager is not trained properly, the chances are, you won’t be either. Contractors and self-employed people also must be trained for the specific health and safety rules of your company / site.

Has my employer provided adequate safety training?

Just because an employer has provided training regarding your health and Can I claim compensation for a workplace injury caused by lack of training?safety at work, doesn’t mean it was adequate. If the training was outdated (e.g. it related to outdated machinery, procedures, site layouts, safety best practice), provided a long time ago and not refreshed, unclear or poorly delivered, didn’t meet your needs (e.g. if you have a visual impairment and could not see the training material clearly), incorrect, insufficient for your needs, or any other factor which meant you did not receive the necessary level of training, your employer may have been negligent. If you have suffered a serious accident at work and are unclear whether your employer breached the HSW and / or the MHSWR, speak to one of our specialist occupational injury solicitors today. We will listen to the facts of your case and confirm if you case an eligible case for compensation.

Your employer must provide paid time off in order to complete the training you need. As such, you should never be placed at a disadvantage simply to receive the mandatory training you must be given.

Unfortunately, poor health and safety training costs lives each year. If you have been seriously injured at work due to lack of training, you may be eligible for compensation to help give you back what you have lost. Contact one of our specialist workplace injury solicitors today to get the process underway. If you have a case for compensation, we will handle your claim on a no-win-no-fee basis, providing you with financial peace of mind, and enabling you to focus on your recovery.

At Russell Worth Solicitors we specialise in personal injury claims. If you have suffered a workplace injury and would like a free claim assessment, please call us now on 0800 028 2060 or complete our Online Claim Assessment.

Excellent. The service was efficient from start to finish and I would not hesitate to recommend Russell Worth Solicitors to anybody who is unfortunate enough to meet with a personal injury that is not their fault.
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