Inadequate Training Claims

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Your employer has a duty under both UK and EU law to train you to work safely, and clearly instruct and supervise you in your duties. This applies to self employed contractors as well. Employees must be provided with a safe working environment, where they can perform their tasks safely, with no foreseeable risk of injury to themselves or others. The way to do this is to ensure that employees know how to do their jobs properly, through adequate training. Employees need to be aware of potential hazards in the course of their work, the potential effects of such hazards, and how they can best be avoided. Unfortunately such training is very often not provided, and thousands of accidents take place in the workplace every year due to lack of training, instruction and poor supervision. Inadequate training accidents can occur in any industry, from nursing to air traffic control. Generally the severity of the accident increases proportionally with the responsibilities of the individual worker.

Typical Causes Of Inadequate Training Injuries

Accidents that result from inadequate training especially affect traditionally dangerous industries, such as construction, where workers are six times more likely to be involved in an accident than their counterparts in other industries. Falls from height caused 4654 major injuries to workers across all industries in 2008/09. The majority of these are likely to have been caused by the improper use of ladders, scaffolding or other equipment necessary for working at height. A further 3516 workers sustained major injuries in the same period while handling, lifting or carrying. Many of these were back injuries, caused by poor training in lifting procedures and a lack of provision of suitable lifting equipment. Electric shocks may result from the use of almost any electrical equipment in an inappropriate manner, while anyone handling hot substances or chemicals is at risk of getting burned if procedures are not in place and being followed. More serious and sometimes fatal injuries can occur from the improper use of pieces of machinery and tools such as cranes and power drills. Other long-term medical conditions can develop from poor safety procedures. For example if an employer does not introduce suitable breaks in the pattern of work certain workers may develop repetitive strain injuries or specific conditions such as dermatitis, asthma or vibration white finger.

Employers Must Take Steps To Prevent Accidents At Work

You need to be made aware of any health and safety risks involved in your job. Your employer must ensure that you are given adequate health and safety training, that this training is kept updated and that they keep records of that training. They should pay for that training and it should take place during working hours. Unskilled workers and young workers may need additional training needs. Supervisors should also be provided to give additional on the job training. Furthermore, employers are under a duty to assess a worker's individual suitability for a particular task. Certain high risk work also requires fully accredited workers to undertake it. A good example of this is fork lift driving. Again employers are under a duty to ensure that workers have the necessary qualifications for a particular task. There are a number of regulations that apply to training. Some of them are contained in the following:

The Health and Safety at Work Act 1974
Management of Health and Safety at Work Regulations 1999
Workplace (Health Safety and Welfare Regulations) 1992
Provision and Use of Work Equipment Regulations 1999

Inadequate Training Injury Claims And Compensation Awards

Employees may bring a claim for compensation against their employer if the latter has been negligent in failing to provide appropriate training or supervision. This also applies to employees who have sustained an injury as a result of improper actions on the part of a fellow employee. For example, if a worker started a fire due to his lack of training, and a number of workers suffered from the effects of smoke inhalation, they could all bring a claim against the employer. Similarly, if a worker was injured by a falling box in a warehouse due to poor stacking by another employee, the employer would again be liable. The amount of damages will reflect the cost of medical treatment, loss of earnings, future work prospects and pain and suffering. Bartletts Solicitors are specialists in the field of inadequate training accident claims. We work on a no win no fee basis meaning if you win your case your employer's insurance company will pay all of your legal fees.

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