Is it possible to claim compensation for being injured operating heavy machinery at work if I have not been provided with any training in how to operate it?
You may be entitled to claim compensation for being injured operating heavy machinery at work if you were not provided with any proper training in how to operate the equipment. Your failure to undergo any proper training may represent a failure in your employer’s “duty of care”, a responsibility held by every employer to ensure that their staff do not come to harm.
Due to the high number of work injury claims in the UK being pursued for injuries involving heavy machinery, the criteria for the use of heavy machinery and power tools is now heavily regulated. Numerous legislative acts have been introduced in an attempt to reduce the number of work injury claims being pursued; however the rules brought in under these acts can only be effective if they are adhered to by employers.
Under the rules introduced in The Provision and Use of Work Equipment Regulations 1998, heavy machinery can only be operated by “people who have received adequate information, instruction and training.” If you believe that your employer has not adhered to this rule, and that you are able to prove your claim, you may be entitled to pursue compensation for an injury at work.
In order ensure that your employer is not able to claim that you exacerbated your injury through your own actions, it is imperative that you seek treatment immediately after sustaining an injury. In order to achieve this you must visit the local hospital’s Accident and Emergency department — receiving first aid or tending to your own injuries will not be deemed as sufficient enough action and not receiving more attention could be deemed as contributory negligence i.e. exacerbating your condition or injuries.
After having your injury treated by a medical professional you should submit an entry in your employer’s Accident Report Book. This submission will serve as a record of your version of events and can form part of your evidence for a work injury compensation claim.
In order to claim compensation for being injured operating heavy machinery at work, you may need to back up your claim with evidence; CCTV footage of the accident, photographs of your injuries and the scene, and witness statements should be gathered if possible. Once you have gathered evidence your solicitor will include it the Letter of Claim they will send to the negligent party. Compiling the strongest possible Letter of Claim is more likely to provoke a favourable response from the negligent party.
Certainly, one of an employer’s primary responsibilities is to ensure that their employees are properly trained and skilled in the work which they are expected to undertake — this is especially true in a situation in which heavy machinery is involved, as the potential for a serious accident is considerable.
In order to ensure that your claim for work injury compensation is in the best hands possible, you should speak with a personal injury claims solicitor. This should be done as soon as possible as the Statute of Limitations in the UK only allows a potential claimant to pursue compensation for three years after the date on which your injuries were discovered, and although this may appear to be ample time in which to pursue compensation, it can often take several months or longer to compile all of the evidence required to pursue a successful claim.
In order to ensure you can claim compensation for being injured operating heavy machinery at work, and that your claim is not in danger of being time-barred, speak with a personal injury claims solicitor at the first available opportunity.