Can I Claim Compensation If I Am Injured At Work As The Result Of Another Employee?

By Jo Anderson. Last Updated 15th August 2023. Welcome to our guide on making a claim if you’re injured by another employee at work. On this web page, you will read a guide to claiming if you have been injured at work due to 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.

injured by another employee at work

Injured by another employee

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 on a No Win No Fee basis. You can contact them about accident at work claims on 0800 073 8801.

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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 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 to do things that will simplify the claim process.
  • Information about the steps an employer will need to take when 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 regarding 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 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 UK residents 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 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 you need for your injured by another employee claim.

What are the circumstances where I can make an injured by an employee claim?

These include you being placed in danger, not receiving sufficient training beforehand, or another employee lacking health and safety training. Simply put, their negligence and/or ignorance should be the cause of you being hurt. And therefore they become responsible for your accident, with you subsequently then being able to claim for compensation.

What Are Accidents And Injuries Caused By Co-Workers?

Work injury statistics

Many people would think twice about engaging a personal injury solicitor to injure 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 legislation levels, 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 personal injury 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 about 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 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 injured by another employee 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 every employee is capable of performing their job safely, 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.

Your employer is not entitled to fire you simply for taking time away from work to recuperate after an accident if you are a full-time employee who has been with the company for more than 12 months.

How Is The Severity Of Your Injury Judged If You Were Injured By Another Employee At Work?

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 them to evaluate the seriousness of your claim and advise you on the level of compensation you should seek.

Evidence For Claiming Compensation After Being Injured By Another Employee

If you’ve been injured by another employee and you’re eligible to claim compensation, you will need evidence to support your claim. While the evidence you submit will be unique to your claim, generally, the below types of evidence could be useful:

  1. Photographs of the accident scene/CCTV footage.
  2. Medical records showing your injuries and any treatment you might have needed or undergone.
  3. Witness evidence – if you take contact details for any witnesses, they could be approached for a statement at a later date.
  4. Any accident reports – whether this is a report in the workplace accident book or any other type of investigative report.
  5. Evidence of any out-of-pocket expenses caused by your injuries, such as receipts and bills.

If you’d like to speak to an advisor about the evidence that could help your claim, please don’t hesitate to get in touch. They may also be able to put you in contact with one of our solicitors who could help you with your claim.

What Damages Can I Claim If I Was Injured By Another Employee

Even though all claims are different, if you were to look at several 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 the loss of life quality.
    • To compensate for painful recovery.
    • To compensate for psychological injuries.
    • 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 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.

Injured At Work Compensation – Claims Calculator For Injuries Caused By Another Employee

As stated above, injured at work compensation may include payouts for your pain and suffering as well as for costs incurred as a direct result of your injury.

We’ve provided accidents at work compensation examples from the Judicial College Guidelines (JCG) in the table below. Legal professionals use the JCG as a rough guide when assigning value in personal injury claims. As such, you should not treat the figures in the table below as guaranteed for your claim.

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Injury Severity Potential Compensation Notes
Brain damage Moderate (c) (i) £150,110 to £219,070 Brain damage causing a significant epilepsy risk, personality change, effect on senses along with a moderate to severe intellectual deficit.
Deafness/tinnitus (c) £31,310 to £45,540 Lost hearing in one ear which may include dizziness, headaches or tinnitus.
General psychological damage Moderately severe (b) £19,070 to £54,830 Significant problems coping in life but a more positive prognosis than in more severe cases.
Arm Less severe (c) £19,200 to £39,170 Recovery from significant disabilities is expected or has occurred.
Facial disfigurement Less severe (b) £17,960 to £48,420 Significant psychological reaction and substantial disfigurement from facial scars.
Hand Less serious (g) £14,450 to £29,000 Impaired function from injuries such as severe crush injuries.
Ankle Modest (d) Up to £13,740 Ligamentous injuries, sprains and minor fractures.
Bowels (e) £12,590 to £24,480 Some permanent damage from penetrating injuries but natural functioning and control will eventually return.
Chest injuries (d) £12,590 to £17,960 Some permanent tissue damage but without a significant long term effect on lung function from a simple traumatic injury.
Back Moderate (b) (ii) £12,510 to £27,760 Frequently encountered injuries which could include exacerbation of a pre-existing condition or backache from muscle and ligament disturbance.

Get in touch with our advisors to learn more about employee claims. They can also provide an estimation of your potential injured at work compensation.

No Win No Fee Claims For Accidents Caused By Another Employee

If you’re considering making a claim for compensation for an accident at work caused by another employee, you might be looking for a lawyer. However, you might be worried about how much you would have to pay your lawyer and when. Luckily, we operate on a No Win No Fee basis. What this means is that you would not have to pay your lawyer upfront to begin your claim you chose to work with our solicitors on your claim. You would not even need to pay them throughout the course of your claim. Instead, you would sign a document that could be referred to as conditional fee agreement. This would agree to pay them a success fee at the end of your claim but only if it resulted in compensation. The success fees that lawyers take are usually calculated as a percentage of your total settlement. They are only payable in cases where compensation is achieved. If you don’t achieve compensation, you won’t have to pay your lawyer’s costs, or the success fee. If you would like to learn more about making a No Win No Fee claim, or you have questions, please contact our team. We will be only too happy to answer

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 several questions as part of our new claims process. Once they have the answers, they will 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 If You Were Injured By Another Employee At Work

Have you suffered an injury at work at the hands of a co-worker? Do you believe that your employer has failed in its obligation 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 cannot 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 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 resulted from 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.

Can I sue a fellow employee?

You could only do this on a personal level. Otherwise, the lawsuit is against the employer as a whole.

What happens if you fight someone at work?

The employer will likely conduct an investigation about the circumstances causing the fight before deciding what punishments are appropriate.

Can I sue for verbal abuse in the workplace?

You can do this if you feel that the verbal abuse classifies as harassment or discrimination.

What to do if two employees are arguing?

The best option is to try and calm things down and calm those involved down before it escalates any further.

Can you get fired for pushing someone at work?

Yes, because shoving is a form of violence, no matter who it is towards or the circumstances involved.

Can I sue my employer for firing me under false accusations?

If you believe you were terminated for causing an accident when you weren’t, you could have grounds to claim compensation.

Additional Resources Relating To Being Injured By Another Employee At Work

You may find these links below to be of some use; they contain information that relates to your claim:

What is employer’s liability insurance?

The UK Health & Safety Executive

A guide to Statutory Sick Pay (SSP)

You may also find some of the other guides on this site useful, for example:

A guide to work accident claims

Can you claim for accidents as a self-employed person?

Claiming for an assault at work

Thank you for reading our guide on making a claim for being injured by another employee at work.