UK law imposes duties on employers to protect their employees from injury. This means that if you have been injured due to a colleague’s negligence you have the legal right to make an injured by another employee claim against your employer. To protect their staff from harm, employers must hire competent workers and provide adequate information, training and equipment to ensure a safe working environment in which all employees can carry out their tasks without the risk of being injured.
Steps that you should take to file a claim for workers’ compensation
If you have been injured whilst at work, the first thing you should do is to report the incident to your supervisor or manager and ensure that the relevant details are recorded in the accident book. This is very important, because it mentions critical details that you will probably need in order to claim compensation later on. Another thing you should do is obtain witness’s details, including telephone numbers and addresses. Once you have completed these tasks, an essential line of investigation is to check if similar accidents have occurred in your workplace in the past. If they have, it will be difficult for your employer to argue that your accident was unforeseeable.
Having gathered together all the details relevant to your case, you should contact us at Accident Advice Helpline. We will do everything possible to help ensure you receive the compensation you deserve for the physical pain, emotional suffering and financial consequences you suffer.
Injured by another employee claim – are you partially responsible?
If you have contributed to the workplace accident in which you were injured, perhaps by doing something wrong or by not behaving as you should, your employer’s insurance company can make an allegation of contributory negligence against you. For instance, if you were injured because you did not wear the safety equipment provided, you may be found partially responsible for your work-related injury, even if another employee has caused the accident. In this situation, a trial judge will most likely decide a compensation reduction, which can substantially lower the award typically provided for your type of injury.
Is your employer able to avoid his or her responsibilities?
Employers owe their employees a non-delegable duty of care. This means that employers are the only ones responsible for ensuring a safe work environment. Thus, regardless of whether your accident was caused by one of your colleagues, by a defective machine or by equipment supplied by another party, the responsibility lies with your employer.
Unfortunately, if your injury leaves you too unwell to continue working, your employer may decide to suspend your employment on the basis of incapacity. In this situation, not much can be done to prevent your contract from being terminated; however, we may still be able to help.
We at Accident Advice Helpline will gladly offer you the support and legal advice you need in order to receive the compensation you are entitled to when making an injured by another employee claim. Get in touch with some of the best personal injury specialists in the country via our helpline on 0800 689 0500.