You may have been injured in a workplace accident caused by the error or negligence of a colleague. It could be that your fellow employee hit you with a forklift they were operating or it could be that a heavier item that was incorrectly stacked by a work colleague fell and crushed you. You may be wondering whether you could file for compensation for the injuries you sustained and who could be held liable. The answer is that providing you can prove you were injured in an accident at work that was caused by a colleague, your employer may be held responsible which is referred to in law as vicarious liability.

What Does Vicarious Liability Mean?

In the UK, the law holds employers liable for accidents in the workplace that cause an employee to sustain harm or injury. This includes when an workplace incident is caused by the negligence or error of a fellow employee. An Employer is responsible for the actions of all their employees which includes when an employee is responsible for a workplace accident that leaves another employee injured.

The law states that an employer has a duty of care to ensure that work colleagues are able to carry out their jobs competently. That all employees are correctly trained and are provided with equipment, tools and machinery that is in good working order and regularly maintained. A work environment must also be safe for all employees to work in. As such, if you are injured in an accident at work that was caused by another employee, your employer could be held responsible for your work colleagues error, negligence or actions because they would be vicariously liable had they failed in their duty to keep the workplace safe.

Would My Accident at Work Claim Be Valid If Caused By a Work Colleague?

As previously mentioned, providing you can provide adequate evidence that your injuries were caused by a work colleague, you may be entitled to file for compensation from your employer for the loss of amenity, pain as well as suffering you endured. It may feel like a hard thing to do, especially if a fellow employee caused your injuries, but you have the right to receive a level of compensation to suit the injuries you sustained at work.

What are My Workers Rights Following an Accident at Work Caused By a Work Colleague?

Your worker’s rights remain the same even if an accident at work that caused you to be injured was due to the negligence of a fellow employee. Worker’s rights are protected in the UK and include the following:

• That your job remains safe if you sue an employer for compensation when you have been injured while in their employment – even if the incident was caused by a work colleague
• That you cannot be prevented from filing an accident at work claim against your employer

If your employer chooses to make your working life hard and they threaten you in any way which includes with the sack or redundancy, they would be acting unlawfully and you could be entitled to seek further compensation from them by filing more legal action against them.

What Are My Employer’s Responsibilities in the Workplace?

As an employee, you are protected in the UK with many laws and legislation in place to ensure that this is so. Should an employer not adhere to the law regarding your rights and you are harmed or injured at work, they could be held negligent in their duty towards you. Your employer must adhere to the following to ensure that a working environment is as safe as “reasonably possible” for you to carry out the jobs you and your work colleagues are tasked to do:

• To ensure that all staff are correctly trained to carry out the jobs they are tasked to do and are regularly given ongoing training
• To ensure that all tools, machinery and other equipment is correctly maintained in good working order to reduce the risk of harm and injury from occurring in a working environment whether this is onsite or offsite
• To ensure that regular risk assessments are carried out in a workplace whether onsite or offsite and to put in place measures to reduce the risk of injury and harm from occurring
• To make sure that all staff and workers are provided with adequate personal protective equipment (PPE) and to ensure that the equipment is in good condition and correctly stored when not in use
• To ensure that all staff and employees are provided with detailed working practices and procedures and to make sure that all workers adhere to them

What is the Time Limit to Filing an Accident at Work Claim?

There is a strict 3 year statutory time limit that must be adhered to if you are considering filing an accident at work claim against your employer because a work colleague caused an incident that left you injured. Should you fail to abide by the statutory time limit, your case may end up being “time-barred” which means that even though you have all the evidence required to prove your claim, you would not be able to seek compensation for the injuries you sustained at work through the negligence of a fellow employee.

With this said, the 3 year deadline begins at different times depending on the circumstance surrounding your case which are detailed below:

• The deadline to filing a claim begins 3 years from the date an employee was injured in the workplace through the error of a work colleague
• 3 years from the date the injured party may have been diagnosed as suffering from a medical issue that can be linked to the workplace accident cause by a fellow employee
• Should the workplace accident have been fatal, the 3 year statutory time limit begins from the date of the injured worker’s death
• Should the workplace accident have occurred before a person has turned 18 years of age, the statutory 3 year time limit starts at their 18^th birthday

The statutory time limit of 3 years may seem like long enough to claim compensation for injuries you sustained through no fault of your work in the workplace but gathering all the information and evidence required to prove your case is time consuming. There are medical reports and other essential evidence pertaining to your workplace accident that must meet specific criteria for a personal injury claim to be valid. On top of this, should your employer choose to deny liability, your case may be a lot more complex than if they accepted responsibility for the injuries you sustained through the negligence of a work colleague.

What Can Be Included in a Claim For Injuries Sustained Through Negligence of a Work Colleague?

As with all work-related personal injury claims, you would be allowed to claim damages and losses you incurred as a direct result of the injuries you sustained. The compensation you may be awarded would be broken down into two specific categories which are detailed as follows:

• General damages are awarded to compensate injured parties for the pain, suffering and loss of amenity they were put through because of an injury sustained through no fault of their own in the workplace. As such, the amount of accident at work compensation you may be awarded would depend on the extent of the injuries you suffered and how these injuries impact your overall life and well-being as well as your ability to work again
• Special damages are awarded to compensate an injured party for all their expenses and other costs incurred as a direct result of having been injured in the workplace through the negligence of a third party. As such, the amount of compensation you may receive in “special damages” is a lot easier to calculate as they are based on “actual” costs you incurred because of the injuries you sustained. The losses you can claim would therefore be for all your travel and medical expenses as well as all other costs you had to pay out because your sustained a workplace injury through no fault of your own

Should I Sue My Employer For an Injury Caused By a Work Colleague?

Having been injured in the workplace, you may be off work for a while. If you’re the injuries you sustained through the negligence of a fellow worker are severe, you may not be able to return to the workplace for weeks or even months. Should your injuries have been catastrophic, they may prevent you from doing any work ever again. On top of this, your worker’s rights entitle you to seek compensation for injuries sustained in the workplace and to sue an employer by filing an accident at work claim against them even if the incident was caused by a work colleague.

Not being able to work whether for a short time, longer period of time or ever again, would mean not being able to bring in your normal wage. You would be put under tremendous financial stress on top of having to deal with the injuries you sustained and your recovery. Seeking compensation by filing an accident at work claim, would alleviate all the stress and worry of how you would pay your monthly outgoings. It is also worth noting that all employers are legally required to have liability insurance to cover such eventualities.

When you sue your employer for injuries sustained through the negligence of a work colleague, it is the insurer who deals with your claim from the outset and who would negotiate any compensation you may be awarded in a successful work-related personal injury claim against your employer. In short, it would not be your employer who settles your claim, but their liability insurance provider whether your case goes to court because your employer denies responsibility or accepts liability, in which instance, the insurance company would usually offer an “out of court settlement”.

It is worth noting that the first “out of court” settlement that an insurance provider may offer, should not be automatically accepted. The reason being that an experienced solicitor would work hard to get the insurer to raise the amount they first offer so that it more in line with the workplace injuries you sustained.

Can My Employer Fire Me For Filing a Claim?

If you are sacked because you filed an accident at work claim against your employer, they would have been acting unlawfully and would have breached your “worker’s rights”. As such, you should discuss your circumstances with a solicitor who specialises in employment law. You may be entitled to take further legal action out against your employer for having behaved in this manner towards you.

Are There Any Benefits to Working With a Solicitor on a Claim?

A solicitor has the legal expertise that is required to represent clients on personal injury claims. They have years of experience in dealing liability insurance providers and should your claim be disputed and therefore have to go through the courts, a solicitor understands all the legal jargon that a court hearing entails. Many accident at work claims fail because legal pitfalls that must be negotiated are unknown by the layman.

This can result in a claim being thrown out from the outset even when there is plenty of evidence that a workplace accident was caused by the negligence or error on the part of a work colleague. The many benefits and advantages an accident at work solicitor offers when filing a claim against an employer because of an injury sustained while at work, includes the following:

• A solicitor would offer you a free consultation so they can determine whether a work colleague was responsible for the injuries you sustained and therefore, your employer could be deemed liable
• You would be under no obligation to continue with your accident at work claim, should you not wish to, following the free consultation you are offered by a solicitor who would work with you on a No Win No Fee basis
• Lawyers have the right to access legal libraries when they need to which they can reference when researching your accident at work claim
• A lawyer would be able to tell you at the first opportunity of the amount of accident at work compensation you may receive in a successful claim
• A lawyer knows all about the “pre-action protocols” that should be adhered to and this alone can help speed up the legal process should a liability insurance provider drag their heels when replying to correspondence relating to your claim
• An accident at work solicitor respects the statutory time limit of 3 years that is associated with all personal injury claims which ensures that you do not run out of time
• An experienced lawyer would negotiate interim payments for you until a final settlement can be reached should your case take longer than usual to reach a conclusion
• A solicitor would work hard to ensure that you are awarded a level of accident at work compensation that is fair and acceptable
• A solicitor would ensure that you are seen by an independent medical professional whose report would be used as the basis to calculate the level of general damages you may receive in a successful claim
• A solicitor would ensure that you are provided with ongoing treatment should your injuries be such that you need long-term medical care and this would be included in the amount of compensation you may be awarded

Would a Solicitor Work on My Negligence Case On a No Win No Fee Basis?

As previously touched upon, once an accident at work lawyer determines that a work colleague caused the accident that left you injured and therefore, your employer could be held responsible for the injuries you sustained, they would typically offer to represent you without requesting you pay them a retainer otherwise known as an upfront fee. When signing a No Win No Fee agreement, there would be no ongoing fees to find as your claim progresses either.

Once the Conditional Fee Agreement is signed by both parties, being you and the solicitor who represents you, it allows the lawyer to begin investigations into your claim against your employer. This would entail writing an official letter to your employer detailing the points in your accident at work claim against them. The lawyer would also gather all the evidence that is required to prove and strengthen your claim. Should your employer deny liability, the solicitor who represents you would begin investigating whether your case would be upheld by a judge in court or whether your employer has a stronger case than you.

In this instance, your solicitor may recommend that you drop your claim, bearing in mind that there would nothing to pay for the legal advice and representation you received because you entered into a Conditional Fee Agreement with the solicitor. However, should the solicitor feel that your claim is strong and would therefore succeed in court, they would typically recommend filing a lawsuit against your employer. This may prompt an employer to admit liability in which case their liability insurer may offer an “out of court” settlement.

The reason being that should you win your accident at work claim through the courts, the insurer would not only have to pay their own court costs but your court costs too. It is worth noting that 95% of all personal injury claims that are made, are settled by insurance providers prior to them going before a judge. In short, providing you have enough evidence that your accident at work injuries were caused by a work colleague, a solicitor would work hard to ensure that your employer accepts responsibility and that you receive a level of personal injury compensation that is fair and acceptable.

Useful Links

If you would like more information on the expenses and benefits you may be entitled to receive following an accident at work that left you injured and unable to work, please follow the link below:

More about expenses and benefits compensation following injuries sustained at work

To find out more about what constitutes vicarious liability, the following link to the ACAS website provides essential reading on the topic:

More about vicarious liability

If you would like to know more about pre-action protocols, please follow the link below:

More about pre-action protocols

If you sustained an injury above your waist, it would be categorised as an “upper body injury”, examples being your head, arms, neck, shoulder, back, chest or abdomen. Should you have been involved in an accident at work, providing your case meets certain criteria, you could be entitled to file a claim for upper body injury compensation from your employer.

To find out if your upper body injury at work claim would be valid and whether your employer could be held liable for the injuries you sustained, please read on.

What Are the Main Workplace Upper Body Injuries?

Your body is made up of many bones, joints, muscles and vital organs which you can injure should you be involved in a workplace accident. The main workplace upper body injuries that are most reported include the following:

• Head, eye and brain – you can slip, trip and fall in the workplace causing you to bang your head. You may from a height or come into contact with a moving vehicle which can also result in you suffering some kind of trauma to your head. Although you may only suffer a mild concussion if you are involved in this type of accident at work, you could also sustain a very serious fracture to your skull with the result being that you suffer an injury to your brain. This type of injury can lead to serious ongoing medical problems for you and the long-term effects on a family and loved ones can be devastating
• Neck injuries – you can suffer a neck injury should you slip on a wet surface which results in you falling backwards. One of the more common upper body injuries sustained in the workplace, neck injuries can be minor to extremely severe especially if you suffer a fall from height. Injuries to the neck can be life-changing needing long-term treatment and care
• Upper limb injuries – you can sustain an upper limb injury by tripping and slipping in the workplace. Just by putting your hand out to break your fall can result in a sprained wrist, a broken wrist or even a dislocated shoulder. You may be hit by a moving vehicle in the workplace which could result in an upper limb injury
• Hand and arm injuries – you can also sustain a hand and arm injury at work carrying out normal daily tasks. If you cannot use a hand or your arm is in a sling, your ability to work would be negatively impacted as well as your ability to drive a vehicle. Some arm and hand injuries can be debilitating and would need long-term rehabilitation.
• Back injuries – injuries to your back can involve a minor sprain to a more serious major spinal injury. You can damage your back through falling from a height, being crushed by a moving vehicle, machinery or equipment. You may not be able to work because of an injury to your back with very severe damage causing you total loss of mobility
• Chest and abdomen injuries – one of the more common causes of chest and abdomen injuries in the workplace is being crushed beneath something heavy that falls from height
• Injuries to ribs – you can suffer a broken rib which could negatively impact your ability to breath. If you are crushed by an item that falls from height or by a moving vehicle, it could damage internal organs which includes your liver, kidneys, stomach and spleen. You may have to undergo emergency surgery if your injuries are more severe and you may have to cope with a lengthy recovery which means you would not be able to work for a period of time

If you suffered any sort of upper body injury in the workplace, you could be off work for a period of time to recover. It could mean that you would be unable to bring home your normal wage which could put you and your loved ones under financial pressure. Seeking compensation from your employer could help and would allow you to focus on your recovery so you can get back to work as soon as possible. By discussing your case with an accident at work lawyer, you could start your claim and be awarded a level of compensation to suit your injuries and all the out of pocket expenses you endured even though the accident was not your fault.

Would My Upper Body Injury Claim be Valid?

For a work-related upper body injury claim to be valid, you would need to provide sufficient evidence that the accident could have been avoided and that your employer or a work colleague could be responsible for the injuries you sustained. The workplace accident would also have to occurred in the last 3 years which is the statutory time limit associated with all personal injury claims against negligent third parties.

Because work-related and other personal injury claims can be complex legal processes, it is worth discussing the circumstances leading up to the accident with a solicitor who specialises in accident at work claims. The solicitor would put you on the right road to filing a successful case against an employer once they have established your claim is valid which they would do by offering you an initial, free consultation.

What is the Time Limit to Filing an Upper Body Injury Claim Against My Employer?

There is a strict 3 year statutory time limit that must be adhered to should you wish to file an upper body injury claim against your employer. However, when the time limit begins depends on several things which are detailed below:

• Three years from the date that you sustained an upper body injury in the workplace
• Three years from the date you were diagnosed as suffering from any sort of medical condition that a doctor or specialist has linked to the upper body injury you sustained at work
• Three years from when you turn 18 years of age should the workplace accident that left you with an upper body injury have occurred before you were 18 years old

If you suffered an upper body injury while you were at work carrying out your daily tasks and the incident happened because of the negligence of a third party whether it was your employer or a work colleague, you could be entitled to sue for compensation for the pain, suffering and loss of amenity you had to endure. Although 3 years seems like long enough to file a personal injury claim, gathering all the relevant information to prove your case and to strengthen your claim, takes a lot of time and effort. With this in mind, it is far better to seek legal advice sooner rather than later to avoid running out of time.

Is It Right For Me to Sue My Employer for an Upper Body Injury Sustained at Work?

If you were involved in any sort of accident in the workplace and suffered an injury that prevented you from working and bringing in your normal wage, would entitle you to seek compensation for the injuries you sustained. By law, employers are responsible when it comes to keeping you and all your work colleagues as well as visitors to the workplace safe from injury and harm. Employers are therefore, legally required to hold liability insurance which must meet the legally required minimum cover of £5 million. The policy must also be issued by a recognised insurance company and if an employer fails to abide by the law, they could be fined by the enforcing authority for not doing so.

When you sue your employer for injuries sustained through no fault of your own in the workplace, it is their insurance provider who deals with your case whether your employer denies or accepts liability. It is the insurance company that pays out the upper body injury compensation you may be awarded in a successful personal injury claim and not your employer. It is also noteworthy that the majority of personal injury claims including those that are work-related are settled prior to going to court by an employer’s liability insurance provider. By offering you an out of court settlement, the insurer would not have to pay the legal costs involved which includes yours and theirs if your upper body injury claim is upheld by a judge.

What Are My Employer’s Responsibilities in the Workplace?

Your employer must ensure that all workers and people visiting the workplace are kept safe from injury and harm. There are laws in place that employers must abide by and if they fail to do so which results in you sustaining an upper body injury, your employer could be held responsible.

Your employer’s responsibilities in the workplace include making sure the following is set in place to reduce the risk of harm and injury to workers and other people from happening:

• That appropriate and ongoing training is made available to all workers
• That all equipment, tools and machinery are kept is acceptable working order
• That risk assessments are carried out on a regular basis to identify hazards in the workplace
• That reasonable measures are put in place to minimise the risk of an accident happening in a working environment
• That all workers are made aware of “good” working practices and procedures
• That all workers are provided with adequate personal protective equipment (PPE)

If you suffer an upper body injury at work because of employer negligence, you would have the right to sue for compensation.

What are My Workers Rights Following an Accident at Work?

Your employer must keep you safe while you are working for them and if they fail to do so and you are injured or you develop a health issue as a direct result, you may be entitled to seek compensation from your employer. Your “rights” in the workplace include but are not limited to the following:

• That your employer does not object to you filing a personal injury claim against them
• That you do not have to worry about losing your job because you seek compensation for injuries you sustained

If an employer tries to prevent you from suing them for compensation, you should seek legal advice from a solicitor who specialises in employment law because you may be able to seek further compensation from them because your employer would be acting unlawfully.

What Damages and Losses Can I Include in an Upper Body Injury Claim?

When you file a work-related personal injury claim against an employer, you can include the following:

• Compensation for injuries you sustained in the workplace which covers your pain, suffering and loss of amenity and which comes under “general damages”
• Compensation for all the costs and out of pocket expenses you incurred as a result of having sustained an upper body injury through no fault of your own in the workplace which comes under “special damages”

Could I Lose My Job If I File an Upper Body Injury Claim Against My Employer?

Your employer would be acting “unlawfully” if they sacked you because you filed a work-related personal injury claim against them. You have the right to seek compensation if you sustained an upper body injury in the workplace and you can prove that your employer was liable because they were negligent in their duty to keep you safe while in their employment.

If your employer threatens to fire you and they do not have “good reason” for doing so, you may be entitled to file more legal action against them and to be compensated an acceptable amount due to their unlawful actions.

Would a Solicitor Work on a No Win No Fee Basis on My Upper Body Injury Claim?

If you can satisfy a solicitor that your upper body injury happened in the workplace through no fault of your own, they would offer to work on your case on what is known as a No Win No Fee agreement or CFA.

This is a legal contract that details the terms and conditions as well as the service the solicitor has agreed to provide. The agreement also sets out the agreed “success fee” which is the percentage that would be directly deducted from the upper body injury compensation you are awarded in a successful claim against your employer. Should you lose your claim, the “success fee” would be waived because the solicitor entered into a No Win No Fee agreement with you.

As previously mentioned, when you are awarded upper body injury compensation, the amount you would pay the solicitor, the “success fee” is deducted from the amount you receive by the solicitor who represented you. In short, you would not have to find the money to pay the agreed fee taking all financial pressures off you which allows you to place all your focus on recovering from the upper body injury you sustained while you were at work.

What Are The Advantages of Working With a Solicitor on an Upper Body Injury Claim?

Work-related personal injury claims tend to be complex with many legal pitfalls to negotiate. As such, it is essential to get things “right” from the word go to reduce the risk of an accident at work claim not meeting the criteria needed for it to be valid. Gathering the correct evidence to support a claim is also something that can take time and effort. Again the proof that would be needed must be relevant to the case. A solicitor has vast experience in handling personal injury claims for employees and as such, there are many benefits to having a solicitor represent you from the outset of filing an accident at work claim against a negligent employer for injuries you sustained while in their employment.

Some of the benefits of working with a No Win No Fee solicitor on an upper body injury claim includes the following:

• You would be provided with a no obligation, initial consultation which allows a solicitor the opportunity of assessing your claim before agreeing to work on a No Win No Fee basis with you. You would be under no obligation to continue with your accident at work claim should you not wish to proceed
• Solicitors have vast experience when it comes to knowing what evidence is needed to prove employer negligence and which would strengthen your claim against them
• They have access to all the legal libraries which they can access when required
• Solicitors understand pre-action protocols and the statutory 3 year time limit associated with all personal injury claims reducing the risk of running out of time to file a claim
• Solicitors have lots of experience when it comes to communicating with liability insurance providers
• The solicitor would inform you as soon as reasonably possible of the amount you may be awarded in a successful upper body injury claim against a negligent employer
• A solicitor would ensure that the amount of upper body injury compensation you receive is fair and acceptable
• A solicitor would ensure that you receive interim payments should your case be a lengthy one
• The solicitor would ensure that you receive ongoing treatment should your upper body injury be such that your require long-term care

Working with a solicitor on your upper body injury claim also allows you to fully focus on your recovery without the worry of having to find the money to pay for legal representation at a time when you need it the most. Having the legal expertise of an accident at work lawyer work on your case also means that should your injuries be so severe that you require ongoing treatment and therapy, they would ensure that this is included in the upper body injury compensation you are awarded in a successful personal injury claim.

Useful Links

If you were injured in the workplace and would like to know more about working with a solicitor on a No Win No Fee basis, the following link provides essential reading on the topic:

More information on Conditional Fee Agreements – No Win No Fee Agreements

If your employer threatened you with redundancy because you filed an accident at work claim against them and would like more information on the law relating to your “worker’s rights”, please follow the link below:

More about dismissal and your legal rights in the workplace

To find out more about employer’s liability insurance, please click on the link below:

More about your employer’s legal obligation to hold valid liability insurance