Inadequate Training Accident Claim *
Inadequate training accident claims * are a common occurrence and one of the main causes of accidents at work *. Untrained employees will not be aware of certain regulations and rules that must be followed which may lead to serious injury. In some cases, these accidents may lead to a fatality. An employer has a responsibility to ensure that they provide the correct training to their employees in order to carry out their job. Before asking you to carry out a job an employer must ensure that you are able to do the work and should always make sure that you are only tasked with jobs that you are actually trained to do. They should also provide refresher training on a regular basis. If some staff members do not have certain skills required there should be a supervisor who is able to provide them with on-the-job training. Claims for accidents at work * are made in cases where inadequate training was provided by an employer. Personal injuries can have a big impact on a person’s life, often leaving them unable to work or carry out simple everyday tasks.
What is Inadequate Training?
According to the Safety, Health and Welfare at Work Act, 2005, every employer should ensure the following when proving training to their employees. Any employer that fails to meet any of these expectations may be held liable for any accident that may occur due to inadequate training:
- Ensure that instruction, training an supervision is provider in a manner and language that the trainee is likely to understand
- Provide employees with specific role related training ensuring that they receive adequate training for the role they are employed to carry out.
- When training or giving an employee specific tasks that the employees capabilities in relation to safety, health and welfare are considered – nobody should be asked to carry out tasks that they are physically incapable of doing.
- Training should be provided in the following scenarios:
- in the event of a transfer of employee or change of tasks
- on the introduction of new equipment, systems or changes in existing work equipment or systems
- on the introduction of new technology
- Must provide training where necessary and allow employees time away from form to attend courses without any reduction in pay
- Ensure that employees receive instructions relating to any risks to their safety in work
- Ensure that any fixed-term employees or temporary employees receive all appropriate training also
Effects of Lack of Training in the Workplace
- Back Injuries
- Electric Shock
- Brain Injury
- Nerve Damage
- Burns and lacerations
- Fractures and Breaks
- Crush Injuries
- Repetitive Strain Injury (RSI)
- Long-term medical problems
- Improper use of equipment and machinery
- Improper use of ladders
- Poor manual handling
- Using hazardous substances without the right protective equipment
- Inadequate work breaks
- Lack of training in using a forklift and other machinery
Making a Claim
Following an injury at work * you should seek medical attention as soon as possible after the incident. This should be your first priority no matter how minor injuries may seem. This helps to ensure that your injuries do not become more serious over time. You will also need to obtain a copy of your medical report for when you are submitting your claim to the Injuries Board. If you decide that you would like to make a claim there are certain steps which you should follow.
Report the Accident
If you have been injured at work * it is important to notify your manager of both your injuries and the cause for them. They will need to be made aware of any hazards and risks in the work environment so that they can find a solution. It is important that you ask them for some form of written communication which confirms that you have reported this to them as this may be needed in the future. This step is also important if you need time off work as they will already be aware of the situation and severity of your injuries. When reporting the incident, the following steps will be helpful:
- Take pictures of the scene of the accident and your injuries
- Take details of any witnesses to the accident
- Request any CCTV, where applicable (your solicitor can help you with this)
- Ensure that your manager documents the accident in their accident report book – ask for a copy of this too.
- Seek medical attention immediately
Speak to a Solicitor
Speaking with a solicitor is an important next step. They will be able to advise you and guide you through the personal injury claim process *. They can also help you in requesting information from your employer such as training records and CCTV footage, if applicable.
It is important to note that you do not need to personally notify your employer of your claim. This can be taken care of by your solicitor and the Injuries Board will also notify them of this when they have received your application.
There are certain time limits in place in which you can make a claim. This is known as the Statute of Limitations. In general, the time frame for a personal injury claim * is two years less one day from the date of knowledge. The date of knowledge is considered the day where you realised your injuries, this may be the date of the accident or if your injuries present themselves sometime after, when you first notice them may be considered date of knowledge in that case.
Children under 18 cannot make a claim until their 18th birthday from which they will have two years to bring a claim. However, a parent/guardian may act on their behalf and submit a claim before this time. If you are unsure about how much time you have left to make a claim you should contact a solicitor as soon as possible.
If you do decide that you want to make a claim for an inadequate training accident you may be entitled to a legal remedy along with any additional expenses known as damages:
General Damages: Non-financial damages for pain and suffering and/or physical and emotional damage as a result of the inhalation illness.
Special Damages: Out of pocket expenses incurred as a result of any injuries. This may include loss of earnings, medical bills and any added travel costs as a result of the effects of the accident, such as travel to and from the hospital.
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