When Can You Claim For An Accident At Work Caused By Another Employee?

Our guide explains when you could have grounds to claim compensation for an accident at work caused by another employee.

An employee accidentally inflicting injury may arise from an employer failing in their duty to keep the workforce safe. We will investigate the legislation that drives this duty and outline the eligibility criteria for a personal injury claim, along with examples of accidents at work.

You can see what evidence your work injury claim requires, as well as compensation guidelines for various injuries, while also exploring the merits of working with a No Win No Fee solicitor from our panel.

We have a dedicated team of advisors who are available 24/7 for a free consultation. Whether you want to ask about proving employer negligence or have a potential case to be assessed, an advisor can help you today. All you need to do is:

a man unconscious on the floor while another calls for help

Browse Our Guide

  1. Eligibility Criteria When Claiming For An Accident At Work Caused By Another Employee
  2. How Could Employer Negligence Lead To An Accident At Work Caused By Another Employee?
  3. How Can You Prove Your Injury Was Caused By Employer Negligence?
  4. Potential Accident At Work Compensation You Could Receive
  5. Claim Accident At Work Compensation On A No Win No Fee Basis
  6. Learn More About How To Claim For An Injury At Work

Eligibility Criteria When Claiming For An Accident At Work Caused By Another Employee

Employers have to take all reasonable and practicable steps to protect employees and prevent work-related injury wherever possible. Harm can befall employees at work, and it isn’t always the employer’s fault. However, if the employer could have taken reasonable steps to prevent an accident, they could be in breach of their legally required duty. The duty of care employers must uphold can be found in Section 2 of the Health and Safety at Work etc. Act 1974

Therefore, if an employee causes a workplace accident which injures another employee because they were not trained correctly, the job was not risk assessed, or through defective machinery then the employer could be liable for the injuries sustained. 

A personal injury claim must prove negligence to be eligible, which you can achieve by showing that:

  • A third party – in this case, your employer – owed a duty of care.
  • They breached their duty.
  • This led to an accident that caused psychological and/or physical harm.

A personal injury claim must also start within three years of the accident date due to a time limit established by The Limitation Act 1980. Missing this deadline may void your chances of claiming, though a few exceptions could alter the time limit.

If you are unsure whether you can claim for an accident at work that wasn’t your fault, please call our advisors or request a callback so we can help you find out your options.

How Could Employer Negligence Lead To An Accident At Work Caused By Another Employee?

In the following examples, you can see cases where an accident at work caused by another employee was due to an employer breaching their duty of care.

  • A group of employees are asked to put together a low-level scaffolding, something they have no training on. An employee falls to the ground level, badly hurting their head and shoulder due to the scaffolding collapsing. 
  • An employer instructs a worker to use an electric power saw without training or guidance. The worker loses control of the saw, leading to amputations of a colleague’s hands.
  • No manual handling risk assessment is carried out, and an employee is tasked with carrying a load that is too heavy and above eye height, heavily restricting their view. They collide with a colleague who is in front of a flight of stairs, causing them to fall and suffer a broken hip.
  • A forklift accident is caused by an employer telling an employee to navigate it through a heavily populated area. A colleague is struck and hits a wall, suffering significant leg and back injuries.
  • An accident could be caused by employers giving staff a sudden change of duties. A person unfamiliar with a task could misuse machinery, which could create the risk of injuries.

Please get in touch if you have had an experience like this and want to discuss your potential claim.

How Can You Prove Your Injury Was Caused By Employer Negligence?

Supporting evidence will be required during a personal injury claim. To hold a valid claim an accident at work must have been due to your employer’s breached duty of care and caused you harm. You can show this by collecting the following evidence:

  • CCTV footage of the accident and its cause.
  • Photographs of the immediate scene and visible injuries.
  • Witness details.
  • Medical records.
  • An entry from your workplace’s accident book noting the incident.

A solicitor from our panel could help you gather the evidence you need to pursue a work accident compensation claim. Speak to our advisors today or arrange a call for a time that suits you to find out more about how a solicitor could help you.

Potential Accident At Work Compensation You Could Receive

If your accident at work claim is successful, you would be awarded a settlement that could be formed of up to two heads of claim.

General damages compensate a claimant for the physical pain and mental suffering caused by injuries. Legal professionals will consider the injury, its severity and the subsequent impact on the injured person’s life while calculating the payout.

They may use medical evidence and the Judicial College Guidelines (JCG) for their calculations. We have taken guideline compensation brackets for injuries of different body parts and severity from the JCG for the table below.

Compensation table

Please be reminded that this table is only a guide and does not show what you would certainly be awarded in a personal injury settlement.

Head – Moderate (i) £150,110 to £219,070
Hand (a) £140,660 to £201,490
Arm – Other (a) £96,160 to £130,930
Knee – Severe (i) £69,730 to £96,210
Back – Severe (ii) £74,160 to £88,430
Chest (c) £31,310 to £54,830
Pelvis And Hips – Severe (iii) £39,170 to £52,500
Facial Disfigurement (b) £17,960 to £48,420
Leg – Severe (iv) £27,760 to £39,200
Shoulder – Serious £12,770 to £19,200

Financial Losses You Could Claim For An Accident At Work

Compensation can account for more than just injuries’ physical and mental impact. Financial losses can be addressed through the special damages head of claim, which can be included alongside general damages in a settlement. However, to claim for special damages the financial losses must be as a result of the injuries you have suffered. 

By providing the necessary evidence like payslips, receipts or bank statements, you could seek recompense for the likes of:

  • Lost wages due to missing work while injured.
  • Prescription fees.
  • Necessary travel costs.
  • Home or vehicle adaptation charges.
  • Personal healthcare payments.

An advisor can confirm what you can and cannot include in special damages. They can also answer any general questions about compensation for an accident at work. Please reach out to us today and let us know how we can help.

Claim Accident At Work Compensation On A No Win No Fee Basis

Our panel consists of expert solicitors with years of personal injury claims experience between them. Their insight and knowledge of the legal process could significantly improve your chances of securing a settlement. If you have a legitimate claim, a solicitor from our panel could work under a Conditional Fee Agreement (CFA) with you. 

A CFA is a form of a No Win No Fee contract where you do not pay for your solicitor’s services:

  • Upfront;
  • During the claim;
  • At all if the case fails.

A winning claim will lead to you being awarded compensation, a small percentage of which will be taken by your solicitor. The Conditional Fee Agreements Order 2013 caps the percentage.

Talk to an advisor today to learn everything you need to know about working with our panel of solicitors. You can share your experience over the phone and have your potential case assessed, with the possibility of a solicitor stepping in to offer their services if you have a valid work injury claim.

Learn More About How To Claim For An Injury At Work

Thank you for reading our article discussing claims for an accident at work caused by another employee. We have many guides packed with useful accident at work claim information, like the below:

These external resources could also be useful: