Have you been injured at work by another employee? If so, you may be wondering, “How do I claim compensation if a colleague injured me at work?”. Employers owe all employees a duty of care while they are working. If you were injured at work by another colleague because your employer breached their duty of care, then you could be eligible to make a personal injury claim.
In this guide, we take a look at the eligibility criteria for personal injury claims to help determine whether your claim is valid. Also, we look at what kind of accidents could be caused by other colleagues and how the employer could be at fault for them.
Moreover, we provide the types of evidence that are needed to support personal injury claims for a workplace injury and illustrate the types of damages that could make up settlements in successful claims.
A Guide To Claiming Compensation If A Colleague Injured You At Work
To conclude, this guide discusses pursuing your claim with a No Win No Fee solicitor. Our solicitors can really benefit you throughout the whole claims process, making the prospect of taking legal action less daunting for you. If you wish to potentially connect to our solicitors to help you with your claim, please contact us:
- Call 0800 073 8801.
- Talk directly to an online claims advisor using our live chat box.
- Complete our Contact Us page.
Browse Our Guide
- How Do I Claim Compensation If A Colleague Injured Me At Work?
- What Accidents Could Be Caused By Colleagues?
- Evidence Supporting Workplace Injury Claims Against Employers
- What Could My Workplace Injury Claim Be Worth?
- How Do I Start A No Win No Fee Claim For Compensation If A Colleague Injured Me At Work?
- Further Guidance On Claiming For Accidents At Work
How Do I Claim Compensation If A Colleague Injured Me At Work?
To make accident at work claims after another employee injured you, the onus will be on you to prove if your employer was at fault for the incident that caused your injury.
The Health and Safety at Work etc. Act 1974 declares an employer’s duty of care. All employers have the legal responsibility to ensure the safety of their employees by taking practical and reasonable steps.
The steps that employers must take to uphold their duty of care include:
- Providing sufficient training and Personal Protective Equipment (PPE) appropriate to the employee’s job.
- Implementing health and safety procedures.
- To regularly conduct risk assessments and maintenance checks on all equipment and facilities.
Therefore if you were injured at work because your employer did not train another employee to do their job safely, which resulted in you being involved in an accident, then the employer could be liable for your suffering.
So, you may be able to make a personal injury claim if you can meet the following criteria:
- You were owed a duty of care.
- Your employer breached their duty.
- You were injured because of this breach.
By contacting us and explaining your circumstances, we can tell you whether you have an eligible claim or not.
Time Limits
You must also begin your claim within the personal injury claims time limit to be eligible. This time limit is 3 years, starting from your injury date.
The Limitation Act 1980 states this limitation period, plus its few exceptions. To learn more about these exceptions, please ask us.
What Accidents Could Be Caused By Colleagues?
Here are some examples of workplace accidents and injuries that could be caused by colleagues due to an employer breaching their duty of care:
- A colleague in a warehouse is asked to operate a forklift truck, but they have had no training. From this lack of training, they lose control of the vehicle and thus collide with you, causing you to suffer a spinal cord injury.
- A new colleague is working on a building site with you and drops a brick whilst bricklaying. Your employer has not provided you with any steel-capped toe boots, so when the brick falls on your foot, you suffer crush injuries.
- Your employer has asked your colleague to use a broken ladder. The ladder feet are extremely worn, and this causes the ladder to collapse. The colleague thus falls from the ladder and lands on you, leading to you sustaining multiple fractured and broken bones.
We recommend that you contact us today so we can determine who is liable for your specific injury.
Evidence Supporting Workplace Injury Claims Against Employers
Evidence is necessary to prove your injuries and how they were caused. Thus, the types of evidence that will help you throughout the accident at work claims process are:
- Photographs of any defects in equipment and your visible injuries.
- CCTV footage of the accident.
- Accident report logs.
- Recordings of your symptoms in a diary.
- Copies of medical records from treatment you have received.
- Contact details from witnesses of your accident.
If you are connected to one of our solicitors, they will help you collect the evidence you need as part of their service. If you want this help, please contact us.
What Could My Workplace Injury Claim Be Worth?
If you have an eligible personal injury claim, you may ask yourself, “What can I claim in compensation if a colleague injured me at work?”. Well, compensation for successful claims may come under two heads of loss: general and special damages.
General damages for the physical and psychological effects of your accident at work. So, under this payout, such factors are considered:
- How your quality of life is.
- The severity of your pain.
- The length of your treatment and recovery.
General damages are evaluated by looking at your medical report alongside the Judicial College Guidelines (JCG). The JCG has guideline compensation brackets for different sorts of injuries.
Injuries Table
You can find in the table different guideline compensation values for some injuries that may result from an accident at work. None of the figures are guaranteed.
| Injury | Severity | Guideline compensation bracket | Comments |
|---|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Severe | Up to £1,000,000+ | Multiple life changing injuries plus care costs, loss of earning and employment and home adaptations. |
| Brain Injury | Very severe (a) | £282,010 to £403,990 | There will be little, if any, evidence of meaningful response to environment. |
| Paralysis | Tetraplegia (also known as Quadriplegia) (a) | £324,600 to £403,990 | At the top end of the bracket will be cases where physical pain is present. |
| Foot | Very severe (c) | £83,960 to £109,650 | A traumatically amputated forefoot. |
| Moderate (f) | £13,740 to £24,990 | Displaced fractures leading to permanent deformity. | |
| Back | Severe (a) (ii) | £74,160 to £88,430 | Loss of sensation from nerve root damage. |
| Moderate (b) (i) | £27,760 to £38,780 | Where the lumbar vertebrae has a crush fracture which causes constant pain. | |
| Leg | Severe (b) (ii) | £54,830 to £87,890 | Very serious injuries causing permanent mobility problems. |
| Severe (b) (iv) | £27,760 to £39,200 | More than one fracture to a single limb. |
The top entry does not feature in the JCG.
Claiming Special Damages
Special damages recuperate the finances you have had to lose because of your injuries. So, under this payout, such losses are considered:
- Loss of earnings.
- Prescription costs.
- Travel costs to medical appointments.
Since you must have evidence to prove your injury’s expenses, please keep hold of any payslips, invoices, bank statements, and receipts that show this.
You can learn more about what you can be compensated for in personal injury claims by getting in touch with us.
How Do I Start A No Win No Fee Claim For Compensation If A Colleague Injured Me At Work?
If a colleague injured you at work, you can see if you can make a personal injury claim by contacting us. If we assess that you have valid grounds to claim, we will connect you to our No Win No Fee solicitors.
Our solicitors work under a Conditional Fee Agreement (CFA). What this contract means for you is that you will only pay a success fee if your claim is successful. So, there are no upfront or ongoing fees, or fees if your claim does not succeed.
Before you see your awarded compensation, your solicitor will take a success fee. The law always sets a maximum percentage to the success fee so that claimants still receive the majority of their award.
Speaking To Our Team
If a colleague has injured you at work, why wait to see if you can make a personal injury claim? Our team are happy to have a chat with you whenever. Our contact details are as follows:
- Call 0800 073 8801.
- Talk directly to an online claims advisor using our live chat box.
- Complete our Contact Us page.
Further Guidance On Claiming For Accidents At Work
Here are some other accident at work related claim guides of ours:
- Learn how to claim after an injury if there is no manual handling training at work.
- Everything you need to know about suing your employer for an injury on the job.
- Find out about your legal rights after an accident at work.
Alternatively, here are some external resources:
- NHS – how to know if you have broken a bone.
- Health and Safety Executive (HSE) – information about risk assessments at work.
- Gov.UK – learn about employers’ liability insurance.
Thank you for reading our guide today. If you have questions such as “When could I claim compensation if a colleague injured me at work?” please get in touch with us, and we can help.