How Much Compensation For a Injury Claim Against a Another Employee or Work Colleague?
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 have a dramatic effect on your life. Potentially, you might be affected physically, emotionally, financially, and in many other ways. You should always treat an accident or an injury with the utmost concern.
Unfortunately, accidents in the workplace are not uncommon. As well as random incidents, accidents which occur as the result of 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.
In compensation cases, it is typically the employer who will form a part of the claim. It’s important to note why both the employer and the colleague are involved, rather than just your colleague. When seeking a work colleague compensation claim, it is the employer who will be liable for compensation. There are two reasons for this.
Firstly, any employer has a duty to provide a safe working environment. If they are found to have failed to provide protection for employers, then they might be considered negligent. 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.
Secondly, an employer will typically have Employers Liability Insurance. This insurance is designed to cover issues of this exact nature and will usually be the source of any compensation paid as a result of successful claims. When you are involved in a case involving a workplace colleague, cases are more likely to relate to an insurance claim rather than one specific individual.
As you can see, there is a wealth of complexity relating to accident and injury cases of this nature. This guide will seek to illustrate and guide you through your available options.
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- 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. We know that workplace accidents occur often, though those which involve a colleague can be much more complicated. Despite this added complexity, accidents which lead to injuries should not be ignored. As a result of such accidents, you may still be due compensation.
There are many reasons as to 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 attempt to clarify matters, highlighting your rights as a worker and suggesting the best steps to take should an unfortunate incident happen.
Below, we will cover a number of ideas. These will include advice for the immediate aftermath of the accident, how to judge the severity of the injury, how to begin claiming compensation, 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, 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 get started.
Accidents can take many forms. They could include faulty equipment, inadequate training, health and safety failures, or a myriad of other potential issues. But an employer has a duty to 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 be a result of the negligence, the action or inaction of your colleague, or another reason which seems to not 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 an accidental injury has been caused by a colleague – 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. Employers Liability Insurance exists to compensate the injured party in these matters. 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 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 a number of steps following the injury, after you have sought medical help. These steps will form the basis of any potential claim. 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.
- 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 the advice of a solicitor can help to 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. This can come in the form of training, the providing of proper equipment, warning signs, and so on. 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 cases of accidental injury. That is to say, you may be due compensation.
Depending on the severity of the injury sustained during the accident, you may be due varying amounts of compensation. When you make a claim, various factors will be examined in order to decide on this final amount. Let’s look at an example. In this example, a colleague leaves a box in a busy corridor. You trip over the box, fall, and injure your back. This would be a situation in which those seeking compensation for an accident at work caused by a colleague could have a serious claim. Having sought medical help, you are advised as to the severity of the injury. You miss a number of days of work, endure a small amount of pain, and rack up expenses due to the trips to the hospital and to see a specialist. In this example, the costs are quick to mount.
If you chose to pursue a claim such as this, it is these factors which will 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. In order 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 is 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 largely be based on the medical reports noting the severity of the injury.
- 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 a large impact on how much compensation is awarded.
If you are reading this guide, then it is likely that you have some interest in a potential claim. If you believe that you may be owed compensation, then taking the next step is important. 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, you should:
- Make an enquiry, 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 strongest possible claim.
- Our process can include arranging for a free medical examination, providing a full report on the extent and severity of your injury.
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. We will cover this in depth below.
Part of making a claim for compensation is determining the extent of the damages. In addition to the compensation for the pain and suffering caused by the injury, there are other costs which can be covered. 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 damage 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 a lifelong medical care, needed to visit private health care, or had to 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 a Accident Can I Claim Compensation?
The answer is yes, if you was 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 it will need to go in the accident book.
The amount of compensation awarded be difficult 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 injury 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 ttime-consumingas 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 as a result of your injury. Thankfully, our firm can help you through this process.
We can provide a ‘No Win No Fee’ arrangement to pursue your claim. Put simply, 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 claim, then picking the right law firm is important. 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 make a claim for 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 the action or inaction of your colleague, we can help. You can make a claim for compensation today and ensure that the injuries you have sustained don’t become a financial burden.
Take advantage of our free legal consultation service and get in touch with us for a quick chat. Call 0800 073 8804 today and tell us about your case.