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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Colleague’s negligence


    Colleague’s negligence

    If you have been injured at work due to your colleague’s negligence, you should file a compensation claim against your employer. If you wonder why you should file the claim against your employer instead of your colleague, it is important to know that employers are responsible for providing and maintaining a safe work environment. This includes training and monitoring all workers.

    Understanding the law

    The Health and Safety at Work etc. Act 1974 specifies that your employer has a duty of care to protect you and your colleagues from harm. This means that your employer is responsible for finding the most effective ways to minimise the risk of injuries whilst you and your co-workers are at work. Furthermore, it is easier to claim injury compensation against your employer than to sue your colleague. Some examples of a colleague’s negligence include:

    • Putting others at risk by ignoring safety rules
    • Misusing equipment or machinery
    • Cluttering walkways with tools and materials
    • Stacking objects up into dangerous or unstable piles

    Although your employer may not be directly at fault for your injury, the law holds him or her responsible for the actions and conduct of all employees. Thus, if you are injured due to someone else’s negligence, your employer is legally responsible for your injuries.

    Work accident compensation

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    If you suffered pain, covered medical bills and travel expenses for work-related injuries, incurred expenditure for personal care you would not otherwise have incurred, lost earnings due to inability to work, or adapted your home to accommodate your needs, a compensation solicitor will ensure that all these are claimed within your compensation.

    Although fault is not always obvious, you may still have a claim if you approach an experienced lawyer. One of the best decisions you can take is to contact us at Accident Advice Helpline, knowing that our solicitors understand the Health and Safety at Work Act 1974, which requires employers not only to ensure a safe work environment but also to develop a health and safety policy that explains what employees should do if they become victims of work accidents.

    What we need from you

    At Accident Advice Helpline, we require specific details before submitting a claim. The solicitor handling your case will most probably ask you to provide a full description of the accident. In addition, you should hand over the contact details of all eyewitnesses and a medical report including the details of your injuries and the treatment you received.

    Our solicitor will also ask for proof of losses as a direct result of the injury, documents that can support your claim, and documents relating to your insurance policy. Once you provide the documents required, we can tell you how much you will be able to claim as compensation.

    Should you submit the claim?

    Employees are usually reluctant to file compensation claims against their employers because they are afraid of the negative effects this may have on future job prospects. If you have some doubts, we are here to help you find the best way to claim the compensation you deserve without destroying the relationship with your employer. Approaching one of our experts to file a claim for compensation can make the entire process less stressful for all those involved, including you, your colleague, and your employer.

    Date Published: September 24, 2013

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.