Apprentices are often the people most at risk at work: new to the job, unfamiliar with the hazards and keen not to make a fuss. The law recognises this. Your employer's duty of care applies from your first day, and it must take your inexperience into account when it plans your work.
Do apprentices have the same right to claim?
Yes. The duty of care under the Health and Safety at Work etc. Act 1974 and the common law applies to apprentices and trainees in the same way as to any other employee. Being on an apprenticeship wage, a training contract or a probation period does not reduce it.
What extra duties apply to young or inexperienced workers?
Under the Management of Health and Safety at Work Regulations 1999, employers must assess the risks to young people under 18 before they start work, taking account of their lack of experience, maturity and awareness of risk (regulation 3). Regulation 19 restricts the work young people can do, for example work beyond their physical or psychological capacity or involving harmful exposure to substances, radiation, extreme temperatures or vibration. Where a child below school-leaving age is employed, for example on work experience, the employer must also tell the child's parents about the risks and the control measures.
For apprentices of any age, employers must give adequate training and supervision (regulation 13) before letting you use machinery, tools or chemicals.
What if I was injured at college or a training provider?
A training provider owes its own duty to keep you safe, both under section 3 of the 1974 Act and as the occupier of its premises. Depending on what went wrong, the claim may be against your employer, the training provider or both. Your solicitor will identify the right defendant.
What is the time limit for an apprentice?
Normally three years from the accident. But if you were under 18 when you were injured, the Limitation Act 1980 suspends the clock until your 18th birthday, so you usually have until your 21st birthday to start court proceedings. A parent or guardian can bring the claim on your behalf before then as your litigation friend.
Will claiming affect my apprenticeship?
It should not. Your employer's insurer pays the compensation, and treating you badly or dismissing you for raising a safety concern or making a claim can be unlawful. See can I be sacked for claiming?.
What could I claim for?
Compensation for the injury itself plus financial losses. For apprentices, loss of earnings can include the higher wages you would have earned once qualified, if the injury delays or ends your training. See future loss of earnings claims.
Sources
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor.