Inadequate training and protection claims

Any employee expects to undergo training for their job. They also expect to be protected against the risk of an accident or injury irrespective of what their job. This protection can take the form of specialist clothing, e.g. high visibility jacket or safety instructions when operating machinery.

But if these are not put in place or fail then an accident will occur. This results in injuries which range from mild through to serious or fatal.

If this applies to you then you may be able to claim compensation.

Importance of training

It is vitally important that employees are fully trained to do their jobs and can do so both safely and effectively. This is particularly important for jobs which involve working with machinery or certain processes.

It also applies to occupations which are considered dangerous or high risk.

For example: if you are employed in a capacity where you are handling dangerous substances or operating complex machinery then it is important that you understand the risks and how to deal with any problems if they arise.

This means being made aware of the safety procedures related to your job and how to apply them. You should be trained to deal with any emergencies that may arise.

But if you receive inadequate training or very little instruction then you are at risk of a serious injury. If this happens then you may be entitled to compensation.

Importance of protection

Anyone who works in a hazardous environment must be protected against the risk of an accident. The employee may well understand the risks inherent in their role and take responsibility for their actions.

But the employer has a responsibility to minimise the risks to the employee by providing them with a form of protection, e.g. protective clothing.

If you are employed in a high risk occupation then you rightly expect to be issued with protective clothing or offered some other form of protection.

Examples of these include:

• Goggles
• Hard hat
• High visibility jacket and trousers
• Safety boots
• Ear defenders
• Protective gloves/mitts

This clothing must be suitable for the job in hand, fit correctly and maintained regularly. It should be replaced once it shows signs of wear and tear or is no longer adequate.

Other forms of protection include barriers, safety platforms and safety harnesses.

Employer responsibility

Your employer has a responsibility to you and any other employee to ensure that you are protected against the risk of an accident. Part of that responsibility involves ensuring that you are fully trained to carry out your role and can deal with any eventuality.

If your job involves you working in a risky or hazardous environment then your employer has a responsibility to provide you with suitable protection. This includes protective clothing.

Even if you have received training in your current job but with a different employer it is still incumbent on your current employer to provide you with this. He or she has a duty of care to you and any other employee.

Your employer should undertake the following:

• Determine what your current expertise is in regard to your role.
• Arrange for you to receive training if your expertise falls short of what is required.
• Ensure that you attend ‘refresher courses’ on a regular basis
• Observe you once you have been trained to ensure that you are applying this correctly.
• Take steps to ensure that you do not use workarounds or shortcuts to do your job.
• Monitor new trainees

If these are adhered to then accidents are less likely to occur.

Problems arise when they are not enforced or adopted half-heartedly.

If you sustain an injury due to negligence in either training or protection then the effects can be devastating.

Effects of an injury due to inadequate training or protection

A lack of care can result in an injury which has an immediate impact upon your life. In a split second your life has changed and the effect of this is felt by not only you but your family as well.

They have to face up to the fact that you have sustained a serious injury which may result in a permanent disability. This affects your ability to function as normal and means that you have to adapt to your new condition.

None of which is easy.

It can mean having to look for a new job or being unable to work which impacts upon your family’s income level. The loss of earnings means a drop in living standards and if you have children, affects them as well.

The family budget is put under strain and the resulting financial hardship causes a great deal of stress and anxiety.

You have to deal with not only the physical pain of your injury but the mental distress which may lead to post traumatic stress disorder.

Then there are additional expenses such as hospital treatment, taxi fares to hospital, prescription medicine, nursing care and support services such as physiotherapy. Your family may receive help from the State towards this but if not then they have to pay for this themselves.

A compensation award can cover the cost of this and any other expenses. It can be used to pay for specialist treatment or nursing care, or to purchase specialist aids.

All of which makes life that little bit easier for you and your family.

Making a claim for compensation for an injury die to inadequate training or protection

Find a solicitor or personal injury law firm who specialise in these types of claims. They will have knowledge and experience about the area your claim is dealing with and apply to your case.

They should handle your claim with sensitivity and understanding and be aware of the effect your injury has had upon you and your family and the resulting stress.

The lawyer will assess your claim to see what the grounds are for pursuing it and the accompanying evidence. If there is sufficient evidence then your claim will be taken on and advice and support given.

If you want to know more about the claims process then visit our making a claim for compensation section.

What is the time limit for a workplace claim such as this?

Normally, personal injury claims have a 3 year time limit which starts from the date of the accident, illness or injury.

However this does vary in certain types of claims.

Check with your lawyer or solicitor as to the deadline for a personal injury claim such as this.