Our guide explains when you could have grounds to make a personal injury claim for an accident at work that was caused by another employee. Within this guide, we will set out the personal injury claim eligibility criteria, and share examples of when you may be able to make a claim for an accident that was caused by a colleague.
Additionally, we will share how gathering evidence could help support your case and the types of evidence you could potentially collect. We will also explain the different heads of claim you could be awarded and how these are calculated within a personal injury claim. Finally, this guide will end by taking a look at how one of the No Win No Fee solicitors on our panel could assist you with your case.
We have a dedicated team of advisors who are available 24/7 for a free consultation. Thye can help answer your questions and offer free advice for your case. To reach them today, you can:
Browse Our Guide
- Eligibility Criteria When Claiming For An Accident At Work Caused By Another Employee
- How Could Employer Negligence Lead To An Accident At Work Caused By Another Employee?
- How Can You Prove Your Injury Was Caused By Employer Negligence?
- Potential Accident At Work Compensation You Could Receive
- Claim Accident At Work Compensation On A No Win No Fee Basis
- Learn More About How To Claim For An Injury At Work
While in the workplace and working, you are owed a duty of care by your employer, as stated within the Health and Safety at Work etc. Act 1974. It outlines that your employer needs to be making reasonable steps to help ensure your safety while completing work duties. For example, they need to ensure that all staff members have received sufficient training and that workplace machinery must be regularly maintained.
A workplace accident could occur because your employer failed to adhere to their duty of care. In some instances, an accident at work could be caused by another employee, but your employer was ultimately liable for it. In the next section, we will share some examples of how this may be.
To be able to make a personal injury for a work-related injury, you must be able to demonstrate the following:
- Your employer owed a duty of care towards you.
- They breached their duty.
- This led to you being injured while working.
Additionally, a personal injury claim must also be started within three years of the accident date, as set out by The Limitation Act 1980. However, exceptions could apply to claims being made by minors and those lacking the mental capacity to make their own claim.
If you are unsure whether you can claim for an accident at work that wasn’t your fault, please call our advisors. They can also inform you of the personal injury claim time limit exceptions.
There are various ways that an accident at work could be caused by another employee. However, in order to be able to make a personal injury claim, you will need to prove that your employer was liable for the accident and your injuries due to them breaching their duty of care.
Some examples of accidents that could be caused by another employee but that your employer may be liable for include:
- A forklift accident occurs because your employer failed to provide sufficient training to your colleague on how to operate a forklift. Your colleague crashes into you while using the forklift and you suffer a broken arm and leg.
- An employer failed to have the brakes on a company delivery van fixed. When an employee went out to unload the delivery, the employee driving the van could not brake in time. The van trapped the employee, who was left paralysed after the accident.
- You may be lifting something heavy with an employee who has not been shown how to do so safely. This could lead to them dropping the load, causing you to suffer a foot injury as it lands on your feet.
These are only a few examples. To see whether you may have a valid personal injury claim, you can contact our advisory team.
If you were involved in an accident at work that was caused by another employee, you will need to provide evidence to support your personal injury claim. This evidence will need to demonstrate that your employer breached their duty of care and this contributed to the accident occurring and your subsequent injuries.
Some examples of evidence you could include may include:
- CCTV footage of the accident and its cause.
- Photographs of the immediate scene and visible injuries.
- Witness details, so that they could provide a statement later into the claiming process.
- Medical records detailing your injuries and their treatments.
- An entry from your workplace’s accident book noting the incident.
A solicitor from our panel could help you gather the evidence you need to support a work accident compensation claim. Speak to our advisors today to see if you could be able to work with one of them.
If your accident at work claim is successful, you will be awarded compensation for the injuries you have obtained and the pain they have caused you. This will be awarded under the head of claim known as general damages.
The Judicial College Guidelines (JCG) may be used to help those valuing your claim for general damages, as it provides compensation guidelines for different injuries. We have used some of the guidelines from the JCG’s 16th edition in the table below. Please only use it for guidance.
We must also note, that the top entry featured in this table is not listed within the JCG.
|Multiple Serious Injuries Plus Special Damages
|Up to £500,000+
|Compensation for several serious injuries as well as special damages such as a loss of earnings.
|Head - Moderate (i)
|£150,110 to £219,070
|The injured person faces no chance of employment and a moderate to severe drop in intellect.
|£140,660 to £201,490
|A complete or effective loss of both hands.
|Arm - Severe
|£96,160 to £130,930
|A severe brachial plexus injury is an example of an injury that would fall under this category.
|Knee - Severe (i)
|£69,730 to £96,210
|Serious knee injuries, such as the joint being disrupted, with effects including considerable loss of function and pain.
|Back - Severe (ii)
|£74,160 to £88,430
|Features of injuries landing in this bracket include loss of sensation brought about by nerve root damage.
|£31,310 to £54,830
|Chest and lung harm that gives rise to ongoing disability.
|Pelvis And Hips - Severe (iii)
|£39,170 to £52,500
|Numerous injuries could attract this level of award, including an arthritic femur or hip fracture making hip replacement necessary.
|Leg - Severe (iv) Moderate
|£27,760 to £39,200
|An injury considered relatively moderate, such as a crush injury to one leg that does not require amputation.
|Shoulder - Serious
|£12,770 to £19,200
|Shoulder pain and other issues like weakened grip occurring due to, for example, shoulder dislocation and brachial plexus damage.
Financial Losses You Could Claim For An Accident At Work
Any financial losses you have experienced due to your injuries could be compensated under the head of claim known as special damages. This could include:
- Prescription fees.
- Necessary travel costs.
- Lost wages due to missing work while injured.
- Home or vehicle adaptation charges.
Providing evidence of these financial costs and losses could help support you with claiming special damages. For example, evidence could include payslips, bank statements and invoices.
Contact our advisors today about claiming compensation for an accident at work that was caused by another employee.
Our panel is made up of expert personal injury solicitors with years of experience between them working on accident at work claims. If you have an eligible claim, a solicitor from our panel could offer to work with you under a Conditional Fee Agreement (CFA).
A CFA is a form of No Win No Fee contract where you do not pay for your solicitor’s work:
- During the progression of your claim.
- If your case fails.
If you are successfully awarded compensation, a small percentage of it will be taken by your solicitor. This is referred to as a success fee, and there is a legal cap in place for the percentage that this fee can be.
If you have been injured in an accident at work that was caused by another employee, you can contact out advisors to see whether you could be eligible to make a personal injury claim. They could also put you in contact with a solicitor from our panel if it seems like you have a strong case. To connect with them today, you can:
Additional guides by us:
- A look at slip and fall at work settlements and when you may have a valid claim.
- Claiming for a manual handling accident in the workplace and the compensation you could be awarded.
- Can you claim for a part-time staff accident? This guide explains when and how you could.
These external resources could also be useful:
- GOV.UK – Request CCTV footage of yourself.
- NHS – When to call 999.
- Health and Safety Executive (HSE) – Safety guidance for employers.
Contact our advisors to see if you could make a personal injury claim following an accident at work that was caused by another employee.