Negligent Training Lawsuit

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Is Negligent Training in an Employment Law Setting?

Employment law is a legal term that refers to the broad set of state and federal laws that are associated with employees, employers, and safety conditions in the workplace. For example, some employment laws may apply to a case that involves employment discrimination. Other employment laws may serve as a guide for employers when they are creating company policies, such as training in an employment setting or creating employee handbooks.

Importantly, there are both federal and state employment laws. Both state and federal laws have an overall purpose of protecting any person that makes up the workforce. As such, there are employment laws that deal with a variety of different employment legal issues, including:

  • Creating and enforcing legal protections for employees that are in the workplace, such as safety practices that are enforced by the Occupational Health and Safety Administration (“OSHA”);
  • Ensuring that businesses do not discriminate against prospective job candidates or current employees;
  • Creating laws regarding civil liability for employees that are injured in the workplace, as well as laws concerning worker’s compensation; and
  • Providing specific legal rights to individuals who are self-employed or who are considered to be independent contractors.

As mentioned above, there are both federal and state employment laws, which means that states may choose to provide additional protections to an employee that is employed in their state. This means that there are many states that have additional laws that offer protections to employees within their state.

Negligent training is a term that refers to when an employer fails to provide sufficient training to their employee and allow them to perform their job requirements safely. Oftentimes negligent training occurs when a worker is undertrained for the task that they perform in their work environment.

Negligent training can also occur if the company fails to draft training procedures that are adequate for the work being performed, and those policies fall below the common safety standard for that particular industry.

Although the exact legal elements necessary to prove negligent training vary by state, in general, in order to prove negligent training, the party that was harmed must demonstrate:

  • That the employer knew, or had reason to know, that an employee was receiving insufficient training, or that the type of training the injured employee received would subject them future injury;
  • The employee that was harmed acted consistent with the training that was provided to them and was not themselves negligent; and
  • That the employee suffered quantifiable harm that would not have occurred if they were properly trained.

What Are Some Examples of Negligent Training?

As mentioned above, a company may be held civilly liable for negligent training. There are numerous negligent training cases in which a company was held liable for a failure to properly train or supervise the training of an employee.

Additionally, individual supervisors, directors, or persons who are in charge of or involved with an employee’s training may also be held personally liable for negligent training. Examples of common negligent training cases in which a company or person may be held liable include:

  • Knowingly skipping the training process required for an employee to safely perform their job duties, such as by violating guidelines in employee handbooks;
  • Failing to provide proper safety equipment or tools that are necessary for an employee to safely perform their job duties, or instructing an employee not to use proper safety equipment;
  • Teaching techniques or procedures that fall below the standard of practice for that specific industry or are required for that industry;
  • Allowing an untrained employee to provide the training for another employee;
  • Negligently drafting an employee training manual, employee training guide, or employee handbook that fails to properly train employees for the particular tasks in which they will be working; and/or
  • Falsifying any safety credentials or certifications of training that are necessary for the industry in which the company operates.

Negligent training may also typically be proven if a supervisor recognizes a gap or shortcoming in the employee’s training, but fails to provide correction or instruction that is necessary to ensure employee safety. Lastly, negligent training can also involve improper or inappropriate instruction, such as instructing an employee to act in ways that constitute harassment or workplace violence.

In most cases when negligent training has occurred, and an employee has been injured as a result, the Occupational Safety and Health Administration (“OSHA”) will receive a complaint from that employee and investigate the incident. One major part of the OSHA investigation will include investigating that the employee was properly trained and that the proper safety equipment was being utilized. OSHA holds both employees and employers to a high standard in regards to work-related health and safety.

It is important to note that an individual should first contact their human resources (“HR”) department if they have been injured in the workplace. The HR department will then assist the individual in their workers’ compensation claim, if available. If the company is not a subscriber to workers’ compensation, then the individual may privately sue the company for their injuries.

Additionally, an individual can submit a complaint to their local OSHA office. The OSHA office will then perform a full investigation and release the report to the injured employee. The OSHA investigation may also lead to the company being fined.

Are There Any Legal Remedies for Negligent Training?

In short, yes there are numerous legal remedies available to a person that has been injured as a result of negligent training. Negligent training cases often result in a civil lawsuit against the injured worker’s employer, the parent company, or the individual directly responsible for the training and injury.

When an individual initiates a civil lawsuit against their employee, the following remedies may be ordered by the court:

  • A monetary damages award that is issued to the injured person that covers the losses associated with their injury, including their hospital bills, medical expenses, future medical expenses, loss of earning capacity, lost wages, or other costs;
  • In the case of grossly negligent training, a punitive damages award may be ordered; and
  • An injunction for a company to cease certain training practices and to rewrite their company policies to prevent further incidents from occurring.

In addition to the above legal remedies, if an employee was fired or terminated due to insufficient training, the company may also be ordered to reinstate that employee to their job and provide them with the proper training.

Do I Need a Lawyer for Help with a Negligent Training Claim?

If you have been harmed on the job as a result of negligent training, and you are seeking workers compensation, it is in your best interest to consult with an experienced workers compensation lawyer. An experienced workers compensation lawyer will be able to instruct you on how to proceed with your workers compensation claim or private personal injury case.

If your employer is not a subscriber to workers compensation, an attorney will be able to help you determine if you are able to recover for the injuries you suffered at the workplace. Finally, an attorney will be able to initiate a civil lawsuit on your behalf, and represent you in court, as necessary.


16 people have successfully posted their cases

Find a Lawyer