All employers have a legal duty to do whatever is reasonable to safeguard the health and well-being of their workers.  This includes an obligation to ensure that you are fully trained to carry out the workplace tasks asked of you.

If your employer breaches this duty of care by setting you tasks that you are not trained to do and you are injured as a result, there is a good chance they will be found to be negligent – leaving you free to bring a personal injury claim for compensation.

Therese Classon, a Partner in the Personal Injury team at WBW Solicitors in Newton Abbot, explains how workplace accidents can occur due to a lack of training, and how you go about claiming compensation if this happens to you.

Under the Health and Safety at Work Act 1974, and associated regulations, the training that every employer has a duty to provide must be adequate to allow you to proficiently deal with any equipment you are expected to use and to tackle any hazardous situation that might arise as safely as possible. Refresher training should also be provided from time to time, and risk assessments must be carried out on a regular basis.

Every workplace has its own inherent risks, and inadequate training can lead to a range of accidents and subsequent injuries, including:

  • getting body parts trapped in heavy machinery;
  • slips, trips and falls if you are carrying loads incorrectly;
  • falls from height, for example, if you are using the wrong type of ladder;
  • being hit by a moving vehicle if the driver has not been properly trained to operate it;
  • chemical burns if you did not know how to use materials properly or what safety equipment you needed to use.

What you should do if you are injured in a workplace accident

Any workplace accident should be logged in an accident book so there is a record of what occurred and how. You should get a copy of this, and also gather as much evidence as you can from the accident scene and afterwards, as this will support any compensation claim you might wish to bring. This would include:

  • photos of the accident scene and your injuries;
  • names and contact details of any eyewitnesses;
  • any CCTV footage of the event;
  • records of any medical treatment required following the accident;
  • a written account of the accident and how your injuries have affected you;
  • details of any expenses which have arisen from your injury.

How can our solicitors help?

If your employer has failed in their legal duties to provide proper training and you suffer a workplace injury as a result, you should contact our specialist personal injury lawyers.

We will help you gather the evidence you need to prove your case, refer you to a medical expert to assess your injuries and the effect they have had on your life, and we will fight to win you the financial settlement you deserve.

How much compensation will I receive?

The compensation you receive will depend on the extent of your injuries and your long-term prognosis, but could include damages for:

  • pain and suffering (mental or physical);
  • loss of earnings;
  • medical expenses;
  • loss of potential earnings;
  • out of pocket expenses;
  • adaptations required to your home.

For more information on claiming compensation for a workplace injury, or any other personal injury issue, contact Therese Classon, a Partner at WBW Solicitors in Newton Abbot, on 01626 202328 or email thereseclasson@wbw.co.uk.

WBW has offices in TorquayPaigntonNewton AbbotExeterBovey Tracey,  Exmouth,  Honiton,  Sidmouth,  Launceston,  AxminsterChard and Seaton.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.