Can I make an injury claim against a work colleague?

If you were injured at work when as a result of your employer's actions or negligence, you could seek claim compensation from your employer. But what happens if the accident was caused by a work colleague?

Vicarious liability

In some cases, an accident may be caused by another employee's negligence or actions, rather than those of the employer.

Even if your injuries were caused by another employee, your employer can still be held liable for the acts of that employee under the legal principle of vicarious liability. This principle, embedded in employment law, holds employers responsible for the actions of their employees carried out in the course of their employment.

Why are employers liable for the actions of their employees?

There are two reasons why the employer, rather than the employee, is held liable for injuries caused by employees:

Duty of care

Employers have a duty of care under the Health and Safety at Work etc. Act 1974 for the safety and wellbeing their employees. If they are found to have failed in this duty, they are held liable for the consequences.

Even when an accident appears to result from the negligence or recklessness of another employee, the employer may still have failed to effectively train, manage the employee. It may be that workers were using faulty equipment, not given suitable safety equipment (PPE). It may also be that the employer was not effectively enforcing safety procedures in the workplace.

Employers Liability Insurance

To ensure that injured workers actually receive compensation, employers must are required, by law, to hold Employers' Liability Insurance (EL). If an employee were to be held liable for another employee's injury, it may be the case that they would be unable to pay it. EL insurance ensures that injured workers can access the critical funds they need for their recovery and care.

How do I make a claim against my employer?

Your first step is to instruct a personal injury solicitor to take on your case. Your solicitor will submit a letter to your employer (the defendant) detailing the nature of your claim and the injuries caused.

The defendant must reply within 21 calendar days of posting the letter with details of their insurer. The defendant will then have a maximum of 3 months from the date of acknowledgement of the claim to investigate and reply.

The vast majority of claims are resolved out of court between your solicitor and the defendant or their insurer.

Read more:

Making a work injury compensation claim

Work accidents Road accidents Public places Medical negligence Other accidents

Author:
Howard Willis, Personal injury solicitor

About the author

Howard Willis qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.