How Much For An Injury Can I Claim Against Another Employee?
By Lewis Cobain. Last Updated 27th March 2023. 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 occurred. 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:
- How Can An Accident Be Caused By A Workplace Colleague?
- What To Do If You Are Involved In A Work Accident
- Claiming Compensation For An Accident At Work
- Judging The Severity Of An Accident Caused By A Work Colleague
- How To Claim For An Accident Caused By A Work Colleague
- What Can Be Claimed For After An Accident By A Work Colleague?
- How Much Will I Get From A Claim Against An Employee?
- No Win No Fee Claim Against An Employee
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.
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 lawyer, 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.
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 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.
|Hand Injury||(f)||Up to £36,740||Severe finger fractures|
|Neck Injury||Moderate (ii)||£13,740 to|
|Seriously limited movement|
|Back Injury||Moderate (ii)||£12,510 to £27,760||Pain and discomfort from disturbed ligaments|
|Facial Injury: (c) Nose||Serious||£10,640 to £23,130||Multiple fractures harming use of the nose|
|Ankle Injury||Moderate||£12,590 to £21,070||Damage to the tendon|
|Shoulder Injury||Serious||£12,770 to £19,200||Injury results in impaired movement or numbness of shoulder.|
|Shoulder Injury||Moderate||£7,890 to £12,770||Injury results in limited movement of arm.|
|Foot Injury||Minor||Up to £13,740||Ruptured ligament|
|Wrist Injury||(d)||£6,080 to £10,350||Fracture with a year long recovery|
|Facial Injury: (e) Jaw Fractures||Simple||£6,460 to|
|Simple fracture with recovery after a period of inuse|
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.
Other Guides You Can Read
Below, you can find lots of guides on claiming compensation for a workplace accident:
- How to claim for a minor injury at work
- 10 things to know about accident at work claims
- What to do if injured from work activities
- Firefighter accident at work claims
- Agency worker accident at work claims
- Night shift accidents
- Emergency service worker accidents
- Part-time worker accidents
- Accidents caused by inadequate protective equipment
- Paralysis injury claims
- Work accidents caused by tools
- Office accident claims
- Injuries caused by dangerous machinery at work
- Workplace accident claims
- Agency worker accident claims
- Forklift truck accidents
- Can I be sacked for making a workplace accident claim?
- Do I get sick pay after an accident at work?
- Steps to take when injured at work
- Manual handling claims
- One person and two-person lifting and handling cases
- How to claim for a ladder accident
- How to get compensation for a cut finger at work
- Scaffolding accident claims
- Warehouse accident claims
- Defective work equipment cases
- Industrial deafness claims
- Our accident at work claims FAQs page