How Much Compensation For a Injury Claim Against a Another Employee or Work Colleague?
By Michael Patrick. Last Updated 19th January 2021. Accidents are not a matter to be taken lightly, especially when they lead to injury. Whether this is at home or in the workplace, injuries can dramatically affect your life. Potentially, you might be affected physically, emotionally, financially, and you may consider making a claim against an employee if they are at fault.
Unfortunately, accidents in the workplace are not uncommon. As well as random incidents, accidents that occur due to the action (or inaction) of a colleague can be among the most taxing. If, for example, you have been injured at work by another employee, you may be due compensation.
Any employer must provide a safe working environment. However, if they have failed to protect employers, they might be considered a breach of the duty of care and could be held accountable for the damages that have occured. For instance, this could be due to inadequate training, faulty equipment, or a failure to implement health and safety regulations. Even in instances where a colleague is at fault, this is still the employer’s responsibility.
Throughout this guide’s duration, we will outline the various causes that could result in a workplace accident, how an employer can combat hazards from occurring, and most importantly, what steps you could consider should your employers negligence cause you harm. In the meantime, should you have any additional questions relating to your case or this guide, why not take advantage of our free legal advice and give our team a call? The number to call is 0800 073 8804.
Select a section:
- A guide to claims against a work colleague or another employee.
- Accidents caused by a work colleague or by another employee.
- What to do if you are involved in an accident caused by a work colleague.
- Claiming compensation for an accident at work caused by a work colleague.
- Judging the severity of an accident caused by a work colleague.
- How to begin a compensation claim for an accident caused by a work colleague.
- What can be claimed for after an accident by a work colleague?
- How much compensation will I get for an accident by a work colleague?
- No fee no win a work colleague accident claims.
- Why choose us as your claim service for a work colleague accident claim.
- Call for free advice and to start a claim.
This guide is designed to help people claim compensation following incidents involving a work colleague.
There are many reasons why someone might not seek compensation following an accident involving a work colleague. In some cases, they might not even be aware that they are due compensation. This guide will clarify matters, highlighting your rights as a worker and suggesting the best steps to take should an unfortunate incident happen.
Below, we will cover several ideas. These will include advice for the immediate aftermath of the accident, how to judge the severity of the injury, how to begin a claim against an employee, and a number of other topics.
In addition, this guide will throw more light on what exactly can be claimed. Few people are aware of what damages they might be owed following an accident. While putting an exact numerical value on the compensation can be difficult, the guide will reveal the ways in which such figures are put together and will be able to provide a rough estimate.
We are here to help. Along with this guide, our team offers free legal consultancy sessions which can further enlighten your case. If you wish to proceed with a claim against an employee, we are even able to operate on a ‘No Win No Fee’ basis. If you believe that you might have a potential case, our expertise can be the perfect place to start.
Accidents can take many forms. For example, they could be a direct repercussion of faulty equipment, inadequate training, health and safety failures, or a myriad of other potential issues. But an employer must provide a safe working environment. Likewise, an employee has a right to expect their workplace to be free of hazards. Even in cases where a colleague is at fault, these rights remain sacrosanct.
In some cases, the accident could result from the negligence, the action or inaction of your colleague, or another reason which seems not to involve your employer directly. Because it is an injury caused by a colleague, people can be more willing to ignore the matter. This could be because they do not wish to complicate a working relationship or because they are unaware of the responsibility involved in such circumstances.
But it is important to note that – even when a colleague has caused an accidental injury – you still have a legal right to seek compensation. Furthermore, in situations such as these, it is not the colleague who will be charged with paying you damages, but rather your employer.
Employers should be prepared for this possibility, which is why Employers Liability Insurance exists. A compensation payout will be funded by this insurance policy, rather than the business itself, your employer, or your colleague. While some might be hesitant to make a claim against an employee in order to preserve a working relationship, the insurance policies exist for your protection (as well as the protection of your employer).
If you get injured at work by another employee, action can be taken with immediate effect. Typically, we would suggest several steps following the injury, after you have sought medical help. These steps will form the basis of any potential claim against an employee. They are as follows:
- Notify Your Employer – an important step is to notify your employers about the incident. If they have an insurance policy in place, then it may take time to assemble the correct paperwork.
- Document the Situation – this documentation can include medical records, photographs of the scene of the accident, contact details allowing you to reach witnesses, and so on. The more information you have regarding the accident, the better placed you will be to make a claim against an employee.
- Seek Legal Help – given the complexity of many compensation claims, deciding whether to pursue a case can be difficult. If you believe you may be entitled to compensation, then seeking out a solicitor’s advice can help clarify matters. If you do have a legitimate case, then you will be well placed to initiate proceedings.
Any employer should pay particular attention to the health and safety requirements of their employees. A provision of this nature can come in the form of training, providing proper equipment, warning signs, etc. But accidents still happen. Slipping in a pool of oil or tripping over a ripped carpet, for example, might result from a seemingly safe situation. But the injuries which result from the accident can have a lasting impact. In cases where your colleague is at fault, the working environment is just as relevant as in other accidental injury cases. That is to say, then you may be due compensation.
Depending on the severity of the injury sustained during the accident, you may be due to varying amounts of compensation. When you make a claim against an employee, various factors will be examined in order to decide on this final amount. Let’s look at an example. For example, if a colleague leaves a box in a busy corridor, you trip over and injure your back. As a result, you could miss several days of work and endure a small amount of pain. All of these damages could add up and cause financial loss and stress alongside physical trauma. If that is the case, then you could have grounds to make a claim against an employee.
If you chose to pursue a claim such as this, these factors would be evaluated. As we will see below, the severity of the injury forms just one part of the claim, albeit a significant part. As your employer failed to maintain a safe working environment, their Employers Liability Insurance will likely be used to pay out a compensation claim. To figure out how much this payout might be, we need to move on to the next section.
Injuries are rarely the same. They are usually unique, each bringing about varying levels of pain and inconvenience. Accordingly, the amount of money compensated to an injured person will also vary. One of the most important factors in deciding how severe a particular injury might be. Minor injuries, for example, can heal fast. They cause little interference in your work and social life. More severe injuries, however, take much longer to heal. They might require surgery or visits to a physiotherapist. They can significantly alter your quality of life. Generally speaking, minor injuries will have a smaller amount of compensation awarded than major injuries. It’s worth noting the following points when estimating how severe an injury might be:
- Injuries can only be accessed by a qualified medical practitioner who will offer their expert opinion based on their rigorous assessment.
- Compensation claims will include other factors but will primarily be based on the medical reports noting the injury’s severity.
- A solicitor will note the severity of the injury early on in the case and will construct the claim based upon the doctor’s findings.
As such, the severity of the injury can become the driving force behind the claim and can have an enormous impact on how much compensation is awarded.
If you are reading this guide, you likely have some interest in pursuing a potential claim. If you believe that you may be owed compensation, then taking the next step is essential. So how do you begin a compensation claim?
Our law firm has streamlined the process. We’ve broken it down into a few easy steps; all you need to do is follow along. When you want to begin a claim against an employee, you should:
- Please enquire, using either the contact form on this site or by giving us a call. Our office has made it easy for you to get in touch, so we can arrange a suitable time in which to have a chat about your case.
- We can set up a free consultation. This can take place over the phone, or you might choose to visit our office.
- Next, we will begin our fact-finding mission. This is where we take a look at the evidence you might have gathered, as well as a few other specifics of the case, and try to assemble the most substantial possible claim.
- Our process can include arranging for a free medical examination and providing a full report on your injury’s extent and severity.
At this stage, you may be concerned about our legal fees. However, thanks to our ‘No Win No Fee’ arrangement, there is no financial barrier to initiating a claim against an employee. We will cover this in-depth below.
Part of claiming compensation is determining the extent of the damages that have been caused. For instance, not only could compensation be awarded for the pain and suffering caused by the injury, but in some circumstances, financial losses can be taken into consideration. These include (but are not limited to):
- General Damages – these involve claiming damages for the pain and suffering you have endured. It also factors in the emotional distress and any other injury for non-monetary losses that you have incurred.
- Care Claim – this is a claim arising from any help or assistance you have required due to the accident, such as a carer or nurse.
- Loss of Earnings – The compensation you seek for loss of income now and in the future, relating to a potential reduction in your income following the accident.
- Travel Expenses – expenses you incurred after the accident, which could potentially include fuel costs or train tickets used when visiting a specialist or doctor.
- Medical Expenses – Depending on the severity of the injury, you can get compensation for your current and future medical expenses. If the accident will require lifelong medical care, visit private health care, or pay for medicine, these costs can be claimed back.
Though every case is different, a good solicitor can ensure that you have any and all possible costs relating to the injury covered.
If Another Employee was at fault For an Accident, Can I Claim Compensation?
The answer is yes, if you were injured as a result of another employee’s fault or accident, then you are entitled to claim compensation for your injuries. Report the accident to your boss as they are required to document the incident in an accident book. You can get a copy of the accident log and use the information as evidence.
The workplace should be safe and free of hazardous conditions. To ensure this obligation is met, the Health and Safety at Work etc/ ACt 1974 outlines various measures that could be taken into consideration. For instance, an employer could carry out risk assessments, routine inspections, provide members of staff with relevant training, and carry out one-on-one assessments.
By following the measures previously mentioned, employers can ensure employees are operating safely and are adhering to health and safety conduct. However, if a breach in the duty of care where to occur and cause you harm, you could have grounds to seek compensation for the damages inflicted. For instance, it was reported by the Health and Safety Executive (HSE) that there were 111 workers fatally wounded at work. In addition to that statistic, it was reported that there were 693,000 cases where working people sustained an injury at work.
Please note that the statistics provided above are not directly in connection to negligence. However, if you believe that you have suffered due to the fault of a third party, then why not give our give a call and take advantage of our free legal advice? We look forward to hearing from you.
The amount of compensation awarded be challenging to estimate, as it will depend on the type and severity of the injury. The table below can provide an estimated range for different types of damage, and you can use it as an accident at work compensation calculator.
|Toe Injury||Severe - Moderate||Up to £10,450||Injury results in the loss of single or multiple toes.|
|Foot Injury||Minor||Up to £10,450||Injury causes short-term damage to foot as well as pain.|
|Foot Injury||Moderate||£10,450 to £19,000||Injury leads to the loss of function in one or both feet.|
|Foot Injury||Severe||£31,900 to £53,200||The accident leads to amputation of one or both feet.|
|Achilles||Moderate||£9,575 to £16,000|
|Ankle Injury||Minor - Severe||Up to £38,050||Losing the function of the ankle and could require surgery for correction|
|Knee Injury||Moderate||Up to £19,900||Injury leads to damage to knee in the long-term accompanied by pain|
|Knee Injury||Severe||£19,900 to £73,125||Permanent loss of function in one or both knees as result of injury.|
|Leg Injury||Moderate||£21,100 to £29,800||Injury that will heal over the short-term.|
|Leg Injury||Serious||£29,800 to £41,675||Losing the function of one or both legs due to injury.|
|Leg Injury||Severe||Amputation of one or both legs due to the injury.|
|Finger Injury||Severe - Minor||£73,150 to £103,250||Amputation of one or more fingers down to minor sprains causing short-term pain as result of injury.|
|Wrist Injury||Severe - Minor||£2,625 to £29,800||Losing the function of both wrists accompanied with short term pain.|
|Hand Injury||Minor||£700 to £3,300||Injury leads to bone fracture, tissue damage in short-term, or function being lost in a single or both of the hands|
|Hand Injury||Moderate||£4,100 to £10,100||Injury causes the functionality of one or both of the hands to become limited.|
|Hand Injury||Severe||£22,050 to £47,050||Injury leads to the amputation and potential loss of functionality in one or both hands.|
|Elbow Injury||Minor||Up to £9,575||Injury leads to short-term partial loss in function of elbow.|
|Elbow Injury||Moderate||£11,900 to £24,350||Injury leads to partial loss of function of elbow.|
|Elbow Injury||Severe||£29,800 to £41,675||Injury causes the elbow to lose function and potentially requires surgery to resolve.|
|Arm Injury||Moderate||£14,600 to £29,800||Arm movement is restricted in the short-term as a result of the injury.|
|Arm Injury||Serious||£29,800 to £45,500||Either one or both arms losses functions or suffers from long-term pain as a result of the injury.|
|Arm Injury||Severe||£73,100 to £99,500||Either one or both arms must be amputated as a result of the injury.|
|Shoulder Injury||Minor||Up to £6,000||Injury results in the short-term restriction of movement of arm or pain.|
|Shoulder Injury||Moderate||£6,000 to £9,700||Injury results in limited movement of arm.|
|Shoulder Injury||Severe||£9,700 to £14,600||Injury results in impaired movement or numbness of shoulder.|
|Neck Injury||Minor||Up to £6,000||Injury results in short-term damage to neck such as whiplash.|
|Neck Injury||Moderate||£6,000 to £29,250||Injury in long-term damage restricting movement and causing pain.|
|Neck Injury||Severe||£34,575 to £112,750||Injury causes severe pain, impairment of movement or paralysis.|
|Back Injury||Minor||Up to £9,500||Injury causes temporary damage to back with short-term pain.|
|Back Injury||Moderate||£9,500 to £29,475||Injury results in damage to back, with long-term ongoing pain.|
|Back Injury||Severe||£29,475 to £122,350||Injury results in loss of motor function or paralysis.|
|Eye Injury||Minor||£3,000 to £6,650||Injury results in temporary vision impediment.|
|Eye Injury||Severe||£6,925 to £136,700||Injury results in loss of sight in both eyes, one eye, or partial loss of sight in the other.|
|Ear Injury||Minor||Up to £34,600||Hearing impediment as result of injury.|
|Ear Injury||Moderate||£23,800 to £34,600||Injury leads to deafness in one ear.|
|Ear Injury||Severe||£69,000 to £83,325||Injury results to total loss of hearing.|
|Face Injury||Minor - Severe||£830 to £34,600||Injury results to scarring until fully healed in the mid to long-term but not permanent.|
|Head Injury||Minor||£1,675 to £9,700||Injury does damage to the head that did not result in brain damage.|
|Head Injury||Moderate||£32,725 to £166,500||Injuries that result in impaired mental ability, change in personality of loss of motor function.|
|Head Injury||Severe||£166,500 to £214,350||Serious injuries that leave the victim in an unresponsive and in a vegetative state due to severe brain damage.|
The above injuries may or may not correspond to your own injury. The list is by no means comprehensive. Instead, it is designed to demonstrate the broad range of both injuries and payouts involved in compensation claims when you have been injured by a colleague at work.
Due to the legal fees involved in the process, pursuing an accident at work pay entitlement can be time-consuming as well as costly. For people who are injured at work by another employee, assembling the required finances for a claim can become a problem, especially if your work is limited due to your injury. Thankfully, our firm can help you through this process.
We can provide a ‘No Win No Fee’ arrangement to pursue your claim against an employee. The agreement ensures that the claim will only cost you money in the event that it is successful. There are no upfront costs to worry about.
This arrangement is also known as a Conditional Fee Agreement (CBA). It means that costs are only taken from the eventual settlement amount, rather than being owed before the case is settled. If the claim is not successful, then you incur no costs. We find that clients appreciate how much simpler this approach is, providing peace of mind at a stressful and confusing time.
If you have read through this article and believe that you might have a legitimate case, then picking the right law firm is essential. After all, making a claim for compensation following a workplace accident is not always easy. You want the best legal team available, and we aim to provide exactly that.
With our expertise, experience, quality customer service, and ‘No Win No Fee’ approach, you can be certain that your case is in the right hands. From the first phone call up until the moment the case is won, we will be fighting hard for your corner. We welcome all potential clients to take advantage of our free consultation and discover for themselves just how friendly, helpful, and knowledgeable we can be. When you want to claim compensation, our team of expert solicitors is the ideal choice. Call us today to talk about your case.
If you have been involved in a workplace accident, due to your colleague’s action or inaction, we can help you claim against an employee. You can claim compensation today and ensure that the injuries you have sustained don’t become a financial burden.