If a work colleague was responsible for an accident at work that left you injured, you have every right to file a personal injury claim against your employer more especially if your colleague had not been given sufficient training to carry out a job. This type of personal injury claim is known as “vicarious liability”.
Typical causes of work-related accidents caused by a colleague include the following:
- Insufficient training to drive a forklift which causes the vehicle to run into you
- Insufficient training to use specific equipment and machinery which results in you being injured
- Faulty or badly maintained equipment and/or machinery which causes an accident that leaves you injured
- A failure to follow Health and Safety guidelines which makes the working environment hazardous to be in
Your injury could be minor or more severe which could result in you not being able to work for a period of time. You could be so badly affected by an injury that you are unable to work again which could have a serious impact on your future earnings.
Each Accident Circumstances are different What is A Fast Way For Me to Find Out If I Have A Valid Claim?
A vast way for you to find out if you have a valid claim is to ask a specialist lawyers either by free live online chat on this link here https://www.legalexpert.co.uk/accident-at-work-claims/claim-guides/injury-claim-against-a-another-employee-or-work-colleague/ or you could call their free phone number it is also important to act fast when claiming compensation because as time goes on evidence can go missing and make the case much weaker.
Employee Injury At Work Advice
More About Vicarious Liability
Under UK law, an employer is liable for any harm that is caused by their staff when they are carrying out their duties. As such, an employer must ensure that your work colleagues are competent and trained to carry out their duties. Should you be involved in an accident that left you injured due to a work colleague’s negligence, you could have the right to file a claim for compensation which you would do against your employer because they could be “vicariously” liable for your work colleagues error or negligence.
Your Employer’s Responsibility in The Workplace
Your employer has a duty to keep a working environment safe for all employees. This means following Health and Safety Executive guidelines and making sure all employees receive the following:
- The correct training for the job they are employed to do
- That machinery and equipment is well maintained and in good working order
- To carry out regular risk assessments to identify all potential dangers and hazards in the workplace
Steps to Take Following a Work-related Accident Caused by a Workmate
There are specific steps you must take following a work-related accident caused by a work colleague that left you injured which are detailed below:
- Seek medical attention even if you believe your injuries are only minor
- Make sure your employer is notified of the incident
- Make sure the incident is noted in the Accident Report Book. If there is no report book, make sure you note down all the details of the incident and your injuries before sending a copy to your employer
- Take witness statements
- Take photographs of the accident and your injuries
You should also seek legal advice as soon as possible because this type of work-related personal injury claim can be a complicated and sometimes long drawn out process and it pays to get it right from the work go to avoid any delays or your claim being turned down.
Who Pays a Work-related Personal Injury Claim Caused by a Work Colleague?
As previously mentioned, your employer could be liable for an accident at work that was caused by a work colleague. A specialist personal injury solicitor would assess the strength of your case and whether your employer could be held responsible. Should this be the case, it would your employer’s insurers who would pay the amount you are awarded in a successful personal injury claim. The compensation you may be awarded could include the following:
- General damages – these would cover your pain and suffering as well as any emotional stress and non-monetary losses you incurred as a direct result of the work-related accident that left you injured
- Loss of earnings – this would cover lost income and future income
- Medical expenses – if your injury was severe which means you would need private medical care, or long-term care, this would be included in your claim
- Travel expenses – this covers all travel expenses you incurred as a direct result of your injury
- Care claim – if you needed help and assistance during your recovery, the cost of this could be included in your claim
Getting Help with a Work-related Injury Caused by a Work Colleague
If you need any assistance on filing a work-related personal injury claim and would like to know more about an employer’s vicarious liability, LegalExpert.co.uk have years of experience in handling this type of claim. All personal injury claims can be complex and you may feel awkward about filing for compensation from an employer because a work colleague caused an accident that left you injured. However, all employers in the UK must have adequate insurance in place to deal with this eventuality and they must ensure that a working environment is safe by carrying out regular risk assessments, providing all employees with sufficient training and ensuring that equipment and machinery is in good working order.
Once an employer has been notified of the incident, they would contact their insurers who would then carry out an investigation into the accident to determine who is responsible. With this said, it is far better to seek legal advice right from the outset which takes all stress of your shoulders and if you choose to work with a solicitor who specialises in this type of claim on a No Win No Fee basis, it also takes all the financial pressure of seeking legal advice off the table too.