Updated on 7th January 2026. The amount of compensation you can claim if another employee causes you harm is dependent on the type and severity of the injury you sustained, and whether you have incurred financial losses. Many jobs place great importance on the benefits of working as a team and on fostering communities. However, when a colleague causes an injury, you can be left to pick up the pieces, including lost earnings and the broader impact on your daily life. Bringing a claim against an employee is typically directed towards the employer, as they are generally liable for injuries caused by the negligent actions of staff.
Here at Legal Expert, both our advisors and solicitors are ready to help you if you have had an accident at work caused by another employee. Specifically, our advisors are available any time to answer any and all of your questions in order to make the initial stages of the claims process as stress-free as possible. Keeping our clients’ stress levels low matters to us, which is why our solicitors do all they can to help them claim with confidence and get the compensation they deserve.
Things You Need To Know
- How can a colleague cause a workplace accident? Employees might leave tripping hazards in walkways, misuse equipment, or fail to follow their training correctly.
- What injuries can result from a work accident involving a colleague? A wide range of injuries can occur, including fractures, dislocations, paralysis, and brain damage.
- How can accidents caused by a colleague be avoided? They can be avoided by employers ensuring staff have adequate training, completing regular risk assessments, and fostering an open environment where employees can raise concerns.
- Who is responsible if a colleague caused my injury? Responsibility for injuries sustained during work hours typically falls on the employer through vicarious liability.
- Do I need evidence that an accident at work was caused by another employee? Yes, as evidence can show how your colleague caused your injury and how this has affected your daily life.
Here at Legal Expert, we genuinely care about the outcome of our clients’ claims. If you would like to work with us, please connect with an advisor today.
How Can An Accident Be Caused By A Workplace Colleague?
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 does not seem 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).
What To Do If You Are Involved In A Work Accident
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.
How Long Do I Have To Make A Work Injury Claim?
If you are claiming against a work colleague for an injury, you should take action during the limitation period; otherwise, your claim can be statute-barred. As set out in the Limitation Act 1980, you usually have three years from the date you were injured.
However, when starting a claim against a colleague at work, there can be exceptions to the time limit. If you would like to discuss whether they may apply to your situation with an injury at work solicitor, get in touch with our advisors at any time.
Types Of Evidence That Can Support Work Injury Claims
When making a claim against a colleague at work, it would be useful for you to collect supporting evidence. You’ll need to demonstrate that you were owed a duty of care and that duty was breached, resulting in an accident at work in which you were injured.
Types of evidence that can support a claim against a work colleague for an injury includes:
- Any correspondence about the incident with your employer.
- A record about the incident in your workplace accident book.
- The contact details of any witnesses. Your injury at work lawyer can reach out to them for a statement.
- Take photographs of any injuries you sustained.
- Medical evidence, including your medical records and an independent medical report.
Speak to our advisors for further guidance on collecting supporting evidence. You’ll also be given the opportunity to work with one of our expert accident at work solicitors on a No Win No Fee basis if you have an eligible claim.
Claiming Compensation For An Accident At Work
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 varying amounts of compensation. When you make a claim against an employee, various factors will be examined in order to decide on the final amount.
Let’s look at an example. Say a colleague leaves a box in a busy corridor, you trip over it 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.
Judging The Severity Of An Accident Caused By A Work Colleague
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 assessed 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 on 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.
How To Claim For An Accident Caused By A Work Colleague
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 the cost of hiring a solicitor. 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.
What Can Be Claimed For After An Accident By A Work Colleague?
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.
How Much Will I Get From A Claim Against An Employee?
Estimating the amount of compensation awarded is challenging, as it depends 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.
The Judicial College Guidelines (JCG) is a publication that is often used by solicitors to help them calculate compensation. This is because the JCG is a comprehensive list of different injury types, severities and suggested compensation brackets. Below, we have provided you with a table that contains carefully selected injuries from the JCG.
The list is by no means comprehensive. Moreover, the top entry has not been sourced from the JCG, and no figure in this table guarantees compensation.
| Injury | Amount | Notes |
|---|---|---|
| Multiple Injuries Plus Special Damages | Up to £100,000+ | Multiple injuries plus special damages such as lost wages, travel expenses and childcare costs. |
| Hand Injury - (f) | Up to £44,840 | Severe finger fractures |
| Back Injury - Moderate (ii) | £15,260 to £33,880 | Pain and discomfort from disturbed ligaments |
| Ankle Injury - Moderate | £16,770 to £32,450 | Damage to the tendon |
| Neck Injury - Moderate (ii) | £16,770 to £30,500 | Seriously limited movement |
| Facial Injury: (c) Nose - Serious | £12,990 to £28,220 | Multiple fractures harming use of the nose |
| Shoulder Injury - Serious | £15,580 to £23,430 | Injury results in impaired movement or numbness of shoulder. |
| Foot Injury - Minor | Up to £16,770 | Ruptured ligament |
| Shoulder Injury - Moderate | £9,630 to £15,580 | Injury results in limited movement of arm. |
| Wrist Injury - (d) | £7,420 to £12,630 | Fracture with a year long recovery |
No Win No Fee Claim Against An Employee
Here at Legal Expert, we can provide clients with a No Win No Fee arrangement to pursue their claim against an employee. The agreement ensures there are no upfront service fees to pay a solicitor, nor any during the claims process. Our solicitors also don’t charge these fees when a claim is unsuccessful.
The No Win No Fee service offered by our solicitors is provided under a Conditional Fee Agreement (CFA). Our solicitors take a success fee when a claim wins, deducted as a legally capped percentage from a client’s compensation. We find that clients appreciate how much simpler this approach is, providing peace of mind at a stressful and confusing time.
Please take advantage of our free consultation service and get in touch with us. Call 0800 073 8804 today and tell us about your case. Or, why not contact us online or via live chat?
Thank you for reading our guide on how to make a claim against an employee.
