By Fern Easton. Last Updated 24th February 2021. Welcome to our guide on making an injured by another employee claim. On this web page, you will read a guide to claiming if you have been injured at work as the result of another employee. You may not realise that if you are injured at work, at the hands of a third party that is not your employer, you could have several reasons why you may be entitled to make a claim. This guide will cover these reasons and how to go about starting your claim.
The Accident Claims UK team of claim advisors can answer any questions that you have about this guide and also give you some free legal advice on how to best proceed with your claim. You can contact them on 0800 073 8801.
Select A Section:
- A Guide To Claiming Compensation If You Were Injured At Work By Another Employee
- What Are Accidents And Injuries Caused By Co-Workers?
- What Is Vicarious Liability?
- What Should You Do If An Accident Caused By Another Employee Injures You?
- What Steps Do Employers Need To Take To Make This Type Of Claim?
- Do I Still Get Paid When Injured At Work?
- How Is The Severity Of Your Injury Judged?
- What Damages Can I Claim If I Was Injured By Another Employee
- Personal Injury Claims Calculator For Injuries Caused By Another Employee
- No Win No Fee Claims For Accidents Caused By Another Employee
- How We Can Help You Claim For A Workplace Injury Caused By Another Employee
- Talk To Us Today
- Additional Resources
A Guide To Claiming Compensation If You Were Injured At Work By Another Employee
First things first, you will need to be within the general personal injury claims time limit of three years in order to make a claim. As long as you are, then you are going to find this guide to be useful. This guide will contain:
- An overview of what work-related accidents, injuries and illnesses are and how they can be caused by another employee. Also, how you could still be liable to claim against your employer.
- A discussion of the concept of Vicarious Liability. This is a legal framework that ensures that an employer can be held responsible for the actions of its employees.
- Information about the steps you should take if you have been caused harm by a co-worker, with a view to doing things that will simplify the claim process.
- Information about the steps an employer will need to take when it comes to making claims for injuries to an employee.
- An explanation of how injuries and other medical conditions are evaluated to discern how severe they are. This is, of course, the driver of the overall value of any compensation settlement.
- A look at your rights as an employee with regards to receiving remuneration while off sick recovering from an accident and whether your employer has the right to fire you.
- A comprehensive list of the most commonly awarded types of damages that a successful claim and subsequent compensation settlement could include.
- A detailed table that lists real-world figures for the amount of compensation that could be paid for a wide range of different types of injuries.
- An overview of the national claims service that Accident Claims UK offers to all residents of the UK under a Conditional Fee Agreement (CFA). This is a way for you to have your claim processed at no financial risk to yourself.
If you have any questions at all about the contents of this guide, or you need more information about the claim service we operate, please speak to one of our claims team on the contact number at the bottom of this guide. They will be ready and waiting to help you in any way that you need.
What Are Accidents And Injuries Caused By Co-Workers?
Many people would think twice about engaging a personal injury solicitor to make an injured by another employee claim. They may not wish to jeopardise their working relationship, get the co-worker into trouble, etc. However, you need to understand that it will not be the co-worker that you will pursue compensation from. It will be the employer.
Your employer is legally obligated to provide you with a safe and healthy working environment at all times. This requirement is enforced by multiple levels of legislation, including the Occupiers’ Liability Act 1957 and all applicable Health & Safety Regulations that pertain to the type of industry the firm operates in. When a co-worker causes an accident or injury, and it can be proven that the cause was a failure in the employer’s legal obligations to provide a safe place of work, then the employer could be liable to pay compensation. The compensation payment itself would be covered by the company’s employers liability insurance policy.
What Is Vicarious Liability?
A major point that you will need to understand with regard to making a compensation claim against your employer for an accident or injury caused by a co-worker is the concept of vicarious liability.
Whenever an employee is engaged in their duties, either at their place of work, or off-site on company business, the employer is held responsible for their actions. This means that if an employee causes an accident, it is ultimately the employer that is liable to pay compensation. This is the basics of the concept of vicarious liability. If you are in any doubt whether your employer is liable for the actions of an employee that has caused you harm, please speak to one of the Accident Claims UK clam advisors on the contact number down at the bottom of this guide. They will be able to tell you.
What Should You Do If An Accident Caused By Another Employee Injures You?
Here, we explain what to do after an accident at work. These steps will all aid in preparation for making a claim and make sure you have fulfilled all of your legal obligations.
- Fill in the accident at work form. You must make sure the incident has been entered into the company accident book. This is an official record, one that is checked by the Health & Safety Executive regularly.
- Ensure that you have your injuries treated at the hospital. This not only makes sure that you get the treatment you need; it also leaves an official record of the injuries and the accident that caused them.
- Begin to document your situation. If you have to pay any out of pocket expenses, for example or are not paid in full (more on this below), write this all down so that it can be used by your solicitor to decide what damages to seek.
Steps like these will make it simpler for you to make your claim. Accident Claims UK can help you with this. Contact one of our claim advisors on the number at the end of the page today; they will be able to help you to start your claim right away.
What Steps Do Employers Need To Take To Make This Type Of Claim?
An employer is expected to proactively monitor the Health & Safety practices of its workforce. Sufficient training and supervision must be provided to ensure that each and every employee is capable of performing their job in a safe manner, not only for themselves but for their co-workers and also members of the public.
This is a legal obligation and one that is policed by the Health & Safety Executive in the form of regular inspections and evaluations. Failure to meet safety standards could result in some form of fine, restriction in operation, loss of trading licence, etc.
When Health & Safety protocols fail, and an employee is injured by a co-worker, then it is ultimately the employer that will be found to be at fault. Accident Claims UK can act as your personal injury lawyer and help you with preparing a claim against your employer for Health & Safety reasons. Our claims team is available on the contact number at the end of the page, and they can explain to you how best we can be of help.
Do I Still Get Paid When Injured At Work?
In this section, we will answer questions such as, what are your rights if you get injured at work? and do I get paid if I get injured at work? If you are injured at work, you are entitled to be paid for the time off you take. However, this is a complex situation, the basic rules, if you are in full-time employment, that you will receive at least Statutory Sick Pay (SSP), if:
- You are away from work for more than 4 days.
- You can provide a doctor’s note after 7 days off work.
- You earn the minim required weekly wage to qualify for SSP (£113 per week at the time this guide was written).
- You told your employer you would be away from work within the deadline specified in your employment contract. If no deadline is specified, this must be within 7 days.
SSP is the minimum you will receive; some employers pay more, often full wages, for an extended period.
How Is The Severity Of Your Injury Judged?
In order for a solicitor to process a personal injury claim for you, the severity of your injuries or medical condition will need to be evaluated. The main driver of the overall value of your claim is how severe your injuries are, and even more importantly, the impact they will have on your life quality in the future. This can lead to some surprising compensation settlements, whereby minor injuries with long-lasting effects would attract more compensation than severe injuries that heal quickly.
A medical professional will need to evaluate your injuries, and here at Accident Claims UK, we can help with this. We can arrange for you to have a free local medical examination. We will take the results of this examination and use it to evaluate the seriousness of your claim and advise you on the level of compensation you should seek.
If you’re wondering what could be included in an injured by another employee claim, then please read on.
What Damages Can I Claim If I Was Injured By Another Employee
Despite the fact that all claims are different, if you were to look at a number of accidents at work compensation examples, you would find that settlements often comprise of similar types of damages, for example:
- Special damages (to compensate ad-hoc and financial losses):
- To compensate for lowered future earning potential.
- To compensate for any loss of earnings.
- To cover the cost of private medical fees.
- To cover the cost of in-home care.
- To cover the cost of travel.
- General damages (to compensation for physical harm):
- To compensate for loss of life quality.
- To compensate for painful recovery.
- To compensate for psychological damage.
- To compensate for shock and trauma.
- To compensate for pain and suffering.
Every claim is different. If you would like to know what types of damages could possibly apply in your own case, please speak to one of the Accident Claims UK claim advisors on the number below today; they will be able to advise you.
Personal Injury Claims Calculator For Injuries Caused By Another Employee
We have not added an accident at work compensation calculator to this page. These kinds of tools are generally very inaccurate. Instead, we have produced the table below. We based the data in this table on the actual Judicial Guidelines used by the UK legal system to evaluate the worth of claims.
|Toe injury||Moderate to severe||Up to £52,620||Here, injuries will ramp up in severity from damage to the soft tissue (cuts, scrapes, burns, bruises, etc.) through dislocations, sprains, muscle damage and fractures, to complete loss of one or more of the toes.|
|Ankle injury||Minor to severe||Up to £65,420||Here, injuries will ramp up in severity from lacerations, burns, scrapes, etc. through sprains and muscle damage, as well as compound or simple fractures, to some form of loss of function of the ankle.|
|Foot injury||Minor to very severe||Up to £189,110||Here, injuries will ramp up in severity from tissue damage including bruising, cuts, burns, etc. through fractures, sprains, muscle or ligament damage, to paralysis or amputation of both feet.|
|Leg injury||Minor to severe||Up to £264,650||Here, injuries will ramp up in severity from tissue damage such as cuts, bruising or burns, through nerve, ligament or muscle damage and fractures, to either paralysis or loss of the legs above or below the knee.|
|Hand injury||Minor to serious||Up to £189,110||Here, injuries will ramp up in severity from tissue damage including bruising, cuts, burns, etc. through fractures, sprains, muscle or ligament damage, to paralysis or total or effective loss of both hands.|
|Wrist injury||Minor to severe||Up to £56,180||Here, injuries will ramp up in severity from lacerations, burns, scrapes, etc. through sprains and muscle damage, as well as compound or simple fractures, to some form of loss of function of the wrist.|
|Arm injury||Moderate to severe||Up to £281,520||Here, injuries will ramp up in severity from tissue damage such as cuts, bruising or burns, through nerve, ligament or muscle damage and fractures, to either paralysis or loss of the arms above or below the elbow.|
|Finger injury||Minor to severe||Up to £85,170||Here, injuries will ramp up in severity from damage to the soft tissue (cuts, scrapes, burns, bruises, etc.) through dislocations, sprains, muscle damage and fractures, to complete loss of one or more of the fingers.|
|Thumb injury||Minor to severe||Up to £51,460||Here, injuries will ramp up in severity from damage to the soft tissue (cuts, scrapes, burns, bruises, etc.) through dislocations, sprains, muscle damage and fractures, to complete loss of one or both of the thumbs.|
|Back injury||Minor to severe||Up to £151,070||Here, injuries will ramp up in severity from damage to the soft tissue such as bruising, burns, scrapes and cuts, through damaged or fractured vertebrae, and nerve or tissue damage, to partial or full loss of function of the back.|
|Neck injury||Minor to severe||Up to £139,210||Here, injuries will ramp up in severity from damage to the soft tissue such as bruising, burns, scrapes and cuts, through damaged or fractured vertebrae, and nerve or tissue damage, to partial or full loss of function of the neck.|
As mentioned above, this table gives a more accurate indication of how much you might be able to claim than a personal injury claims calculator would. However, to get a much better idea of how much you might claim based on your own circumstances, please speak to one of the Accident Claims UK claims team on the number below. Once they know a little about your claim, they will be able to tell you.
No Win No Fee Claims For Accidents Caused By Another Employee
Here at Accident Claims UK, we can offer you a way to have your claim processed with no financial risk to you at all. Under our No Win No Fee agreement, we won’t charge when we take your injured by another employee claim on, and we won’t charge while we process your claim, even if this takes months. If we fail to win you any compensation settlement at all, we don’t charge you at all. It is that simple. When we do win you a settlement, we will deduct our fee from the money we have received for you, and then we will pass what is left over to you. Speak to one of our claims advisors on the number below to learn more.
How We Can Help You Claim For A Workplace Injury Caused By Another Employee
If you have been injured at work by another employee, Accident Claims UK can help you. Starting a claim with us is simple. Call the number below and speak to one of our claim advisors. They will ask you a number of questions as part of our new claims process. Once they have the answers, they will be able to give you some informed advice on what to do next and offer a simple and effective way for you to have your claim processed.
Talk To Us Today
Have you suffered an injury at work at the hands of a co-worker? Do you believe that your employer has failed in their obligations to provide a safe working environment? If so, we could help you make an injured by another employee claim. Call Accident Claims UK on 0800 073 8801 today.
Injured by another employee claim- FAQs
Can I lose my job after claiming for an injury caused by another employee?
Your employer isn’t able to dismiss you if you make a personal injury claim following an injury caused by another employee. You have a right to pursue compensation for your injuries, just like someone would if they were injured in a public place or in a car accident.
If your employer dismisses you because you’ve made a personal injury claim, this is an unfair dismissal, and you could take legal action against them. Similarly, if they create a hostile working environment for you in the hope that you’ll leave yourself, this is classed as constructive dismissal, and you could also take legal action against them for this.
Can I claim if an accident was caused by an employee who didn’t know any better?
Yes. You may feel that if your injuries were the result of an accident caused by an employee who acted the way they did because of improper instruction, you don’t have a right to claim as the other employee didn’t act negligently. But this isn’t true.
Your employer has a duty of care to you and all other employees, as outlined in the Health and Safety at Work etc. Act 1974. This duty of care includes making sure that proper training is provided to all employees. So if your accident was caused by someone who didn’t know they were acting dangerously because they weren’t trained properly, you might still be able to make a claim.
You may find these links below to be of some use; they contain information that relates to your claim:
You may also find some of the other guides on this site useful, for example:
Thank you for reading our guide on making an injured by another employee claim.