Work Accident Claims
If you have had an accident at work, our local injury lawyers can help you claim compensation for your injuries.
Read moreCan I claim if I am injured by a work colleague?
If you’re injured by a work colleague, your employer may be liable for personal injury compensation under the principle of vicarious liability.
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If you are injured by a work colleague, your employer may be liable for the damages you suffered. Employers have a legal duty to ensure the safety of their staff and are usually responsible for the actions of their employees under the principle of vicarious liability.
There are many ways in which a colleague could cause an injury. They could run over your foot with a forklift, drop a heavy object on your head or knock your ladder and cause you to fall. No matter the scenario, you may be entitled to claim compensation from your employer.
This guide details what happens if you are injured by a work colleague and how you can make a claim against your employer. If you would prefer a free, tailored assessment of your situation, call 0800 470 0474 today or request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Under the Health and Safety at Work etc Act 1974, employers have a duty of care to keep employees safe from foreseeable harm. This means they are liable for workplace accidents that are a result of their failure to maintain a safe work environment.
Under the legal principle of vicarious liability, they are also responsible for the actions of their employees. This means employers are responsible for an employee’s harmful acts as long as these occur within the scope and course of their employment.
This means your employer is liable for your colleague’s actions if:
If you are injured by a colleague at work, there are a few steps you should take to protect yourself and your legal rights:
If you are injured at work by a colleague, you are usually entitled to make an accident at work claim against your employer if the following can be proven:
The claim for compensation will be made against your employer’s liability insurance and not directly against your colleague. This ensures you can recover your losses, as your co-worker may not have the resources to pay your compensation.
The first thing you should do if you want to start a personal injury claim is contact a specialist workplace accident solicitor for a free consultation. They will ask you to provide details of how the accident occurred and who was involved to assess the merits of your case.
If you can proceed, they will:
Yes. Your employer may not admit fault for your accident at work and may argue that:
Nonetheless, if your colleague’s negligence occurred during work activities and in connection with their duties, the employer is usually held vicariously liable.
A work colleague can cause you to suffer a wide range of accidents and injuries at work, including:
If you suffered any injury at work due to a colleague’s negligence, you may be eligible to claim compensation from your employer.
Even if your injury was caused by a work colleague, various types of employer negligence usually contribute to such incidents, including:
We understand that you may be worried about making a claim for an injury caused by your co-worker. However, your employer cannot dismiss you or treat you unfairly simply for making a legitimate workplace injury compensation claim.
Doing so could amount to unfair or constructive dismissal under the Employment Rights Act 1996 and could entitle you to make a further claim at an employment tribunal. The tribunal may order your employer to reinstate you or provide financial compensation.
Furthermore, all employers are required to hold Employers’ Liability insurance. This covers personal injury claims made by employees, regardless of whether they were due to another colleague’s actions. Your employer will not be left out of pocket if you win compensation.
If you were injured at work because of a fellow employee, you might worry that making a personal injury claim could affect their job or financial well-being. However, your colleague should not get in trouble for a simple mistake or negligence that led to your injury.
Your claim will be made against your employer’s liability insurance, not your co-worker personally. This means neither of them will be left out of pocket.
Your colleague could only face disciplinary action if your injuries were caused by gross misconduct or intentional actions, such as:
To secure compensation for an accident caused by another employee, you should have as much evidence as possible, including:
Your solicitor will help you gather all the evidence you need to claim compensation and guide you through all the steps of the claims process.
The amount of compensation you may be entitled to receive for an accident at work will be calculated based on two types of damages:
For example, you could receive:
There is a general three-year time limit for starting an accident at work compensation claim. Exceptions include:
If a colleague injured you at work and you are eligible for compensation, the solicitors we partner with will represent you under a conditional fee agreement. Also known as no win no fee, this means that:
To learn more about what happens if you are injured by a work colleague and whether you are able to claim compensation, call 0800 470 0474 for a free consultation with an expert solicitor. You can also use our online contact form to request a call back.