Negligent training occurs when an employer fails to provide sufficient training to allow an employee to perform their job safely. This may occur if a worker is under-trained, or if their supervisor or trainer fails to follow proper training procedures. Negligent training can also occur if the company’s training procedures themselves fall below the common safety standard for that particular industry.
In most cases, to prove negligent training, it must be proven that the employer knew, or had reason to know, that an employee was receiving insufficient training, or that the type of training they received would subject the worker to future injury. Liability for negligent increases if the under-trained worker injures themselves or others during the course of employment, especially the conduct is the direct result of their training.
Various parties can be held liable for negligent training, including supervisors, directors, and persons who are in charge of or involved with an employee’s training. Some common examples of negligent training include:
- Knowingly skipping important safety steps during the training process
- Failing to provide proper safety equipment or tools or instructing an employee not to use proper safety equipment
- Teaching techniques or procedures that are different from required practices for that industry
- Allowing an untrained person to provide the training for another worker
- Negligent instructions or practices contained in an employee training guide or employee handbook
- Falsifying an employee’s credentials or certifications
Negligent training can also be found if a supervisor recognizes a gap or shortcoming in the employee’s training, yet fails to provide correction or instruction. Lastly, negligent training can also involve improper or inappropriate instruction. For instance, an employer might be held liable for negligent training if they instruct an employee to act in ways that constitute harassment or workplace violence.
Negligent training claims can result in a lawsuit against an employer or against the business. In such lawsuits, a monetary damages award is often issued to the injured or affected party. This can cover losses such as those associated with hospital bills, medical expenses, and other costs.
Other remedies can result as well. For instance, if an employee was fired or terminated due to insufficient training, they may be reinstated to their job and provided with the proper training if the termination was the result of negligent training. In cases where the negligence is widespread in the company, the business may be required to adjust their safety procedures and their guidelines in employee handbooks.
Negligent training lawsuits can be complex and may require the assistance of an attorney. It may be in your best interests to hire an workers compensation attorney if you need help with a negligent training claim. Your attorney will be able to provide you with legal assistance, research, and representation for your case.