If a fellow worker caused you to trip and fall at work either because of their negligence on an error on their part, it could entitle you to file an accident at work claim against your employer. However, for your claim to be valid, you must be able to prove that you were not responsible for the injuries you sustained when you tripped and fell in the workplace.
To find out more about this type of accident at work claim and what sort of evidence you would need to provide for a slip, trip and fall injury caused by a fellow employee to be valid, please read on.
- Does My Employer Have a Duty to Reduce the Risk of Slip, Trip and Fall Injuries at Work?
- What Should I Do If I Suffer a Fall at Work That Leaves Me Injured?
- Does an Employer Have a Duty of Care Towards Me in the Workplace?
- Do I Have the Right to Sue My Employer for a Fall Injury Caused by a Fellow Employee?
- How Do I Start a Fall at Work Injury Claim Against an Employer?
- What Can Be Included in a Fall At Work Injury Claim?
- Could I Lose My Job If I File a Fall Injury Caused By Fellow Employee Claim?
- What is the Time Limit to filing a Fall Injury Claim Caused By Another Worker?
- Would My Fall Injury Caused by a Fellow Employee Claim be Successful?
- What Advantages Would a Solicitor Offer If I File a Fall Injury at Work Claim?
- Informative Links
Employers must by law ensure that a work environment is safe and free from any hazards by setting in place all “reasonable measures” to reduce the risk of harm and injury coming to employees and other people who visit a work area. This includes making sure that the appropriate signs are in place if there is a spillage and in areas known to be slippery due to wet surfaces. An example being in loading bays. This applies to work areas both offsite and onsite. Should you slip, trip and fall injuring yourself because of the negligence of a fellow employee, the liability would fall to your employer.
An employer’s duty towards both you and your fellow workers are detailed below:
- To ensure that a work environment is kept clean and tidy
- To routinely carry out repairs and maintenance work when necessary
- To ensure that furniture, carpets and flooring is kept in good condition
- To ensure that all equipment, tools and machinery are in good working order and regularly serviced
- To ensure that all personal protective equipment is available when needed and correctly stored when not in use
- To ensure that all work areas are kept clear of any obstacles
- To ensure that anti-slip flooring is installed where necessary
- To ensure that handrails and guardrails are installed where necessary
- To ensure that ladders, tools, equipment and scaffolding is secure
- To ensure that anti-slip footwear is available to employees and visitors in areas that are known to be wet, slippery or icy
If you slip, trip and fall because a fellow worker did something wrong by leaving a work area untidy or slippery, you could be entitled to file an accident at work claim against your employer because they would be deemed responsible for the actions of your fellow worker which in law is referred to as being “vicarious liability”.
It is also worth noting that by law, your employer must have liability insurance in place because it is compulsory and the policy must be issued by an approved insurance provider. When you file a slip, trip and fall claim against an employer because a fellow worker made a mistake, it is the insurance company that deals with your case and it is the insurer that pays the slip, trip and fall injury compensation you are awarded, not your employer.
If you slip, trip and fall at work and you suffer an injury as a direct consequence of the negligence of a fellow employee, you should seek medical attention straight away even if you believe your injuries are only minor. If there is a designated first aid officer in the workplace, make sure they are aware of the incident and the injuries you suffered before seeking medical attention either at the A&E department of the hospital or from your own GP. Even if you are not planning to file an accident at work claim at the time, it is vital that you have an official medical report of the slip, trip and fall injuries you suffered because at a later date, you may change your mind.
After seeking medical attention you should do the following:
- Make sure the slip, trip and fall accident that left you injured was correctly recorded in the work’s Accident Book
- If there is no Accident Book, you can either send your employer a registered letter detailing the incident that left you injured remembering to keep a copy for your own records or you can send them a personal email
- Take photos of where the incident happened paying particular attention to the reason why you fell which could be due to a damaged carpet, slippery surface or because an obstacle was in your way– if there is CCTV footage of the incident ask your employer for a copy which they must give you in a timely manner
- Take photos of the injuries you suffered
- Get a detailed medical report of the injuries you suffered which should include any minor symptoms you may be experiencing which could turn into something more serious further down the line
- Make sure you keep all the receipts for your out of pocket expenses as well as any other costs you incurred as a direct result of the workplace injuries you suffered
There are Health and Safety regulations and other laws that protect you when you are at work. Your employer and your fellow workers must respect all safety regulations in the workplace and if they fail to do so which results in you falling and injuring yourself, it could entitle you to seek compensation for your pain, suffering and out of pocket expenses you had to cope with through no fault of your own.
Your employer is duty bound to ensure the following:
- That you and your fellow employees are aware of good working procedures and practices in the workplace
- That adequate industry standard personal protective equipment – PPE – is readily available when needed so that a job can be carried out safely
- That everyone in the workplace is sufficiently trained and that ongoing training is routinely carried out
- That regular risk assessments are carried out to ensure that hazards are identified
- That equipment, machinery and tools are correctly maintained in good working order
If you slip, trip and fall injuring yourself in the process because a colleague failed to abide by the safety regulations that were in place, you could be entitled to file an accident at work claim against your employer because they would be deemed responsible for actions of your fellow employee.
Your worker’s “rights” entitle you to seek compensation for injuries you sustained at work from an employer who could be held liable for the actions of a fellow worker. Not being able to work could mean financial hardship for you and your loved ones especially if it takes you a long time to recover from the workplace injuries you sustained. Even if at first you do not think you would file for compensation, you should still follow the set procedure following an accident at work because you could change your mind.
An employer cannot stop you from reporting the incident nor can they prevent you from seeking medical attention from a designated first aid officer or a medical professional. If you are in any doubt as to whether you should proceed with your claim against an employer, you should discuss your concerns with a solicitor at accidentclaims.co.uk sooner rather than later.
The law in the UK requires employers to have liability insurance because it is compulsory for them to do so. The policy must also be issued by an approved provider and has to meet the minimum legal requirement of £5 million. As such, when you are injured in the workplace due to the error or negligence of a fellow employee, and you decide to file for compensation, it is your employer’s insurance provider who handles your case which include the accident at work compensation you are awarded.
After seeking medical attention for the workplace injuries you suffered, you should gather as much evidence as you can to support your case against an employer. This would include the following:
- A medical report detailing your injuries both the minor and more severe symptoms
- The record of the incident as officially noted in the workplace Accident Book, should there not be one, you can send a personal email detailing the workplace accident that was caused by a fellow worker and the injuries you sustained. Another option is to send a registered letter to your employer making sure you retain a copy for your own files
- Witness statements
- Witness contact details
- Photos of where the incident occurred
- If there is CCTV footage of the incident, request a copy which an employer must provide
- Photos of the workplace injuries you suffered
You should also contact a solicitor as soon as you are able to in case your employer chooses to deny liability for the injuries you suffered. Very often it only takes a solicitor’s letter for an employer to accept responsibility for a workplace accident and should this be the case, their liability insurance provider may well decide to make an initial settlement offer.
If you are offered an initial settlement, you should always seek advice from an accident at work solicitor before accepting it. The reason being that insurers offer a lower amount to begin with and a solicitor would work on your behalf to ensure that a fairer amount is offered. This would ensure that the accident at work compensation you receive is an acceptable amount.
You can claim both damages and losses in your accident at work claim against a negligent employer. The damages you would be awarded would come under “general damages” and the losses you incurred as a direct result of your injuries would come under “special damages”. These are explained as follows:
- General damages are awarded as a way of compensating an injured party for their distress, pain, suffering and any loss of amenity they had to cope with
- Special damages are awarded as a way of compensating injured parties for all the out of pocket expenses they incurred as a direct result of their injuries. This would include travel and medical expenses, care costs and all other expenses that are directly related to the injuries you suffered in the workplace due to the error or negligence of a fellow worker
Special damages are easier to work out as they are based on “actual” expenditure. As such, you would be obliged to provide receipts for all the expenses and costs you incurred.
If you lose your job because you fell and injured yourself at work due to the error or negligence of another worker and you choose to seek compensation for the pain, suffering and out of pocket expenses you had to cope with through no fault of your own, your employer would be in breach of the law. If you are threatened, intimidated or treated unfairly by an employer or other workers because you filed an accident at work claim, you should contact a solicitor at accidentclaims.co.uk because it could entitle you to seek further compensation from your employer because they acted unlawfully.
There is a time limit to filing for compensation if you suffer a fall injury at work because of the error or negligence of a fellow worker. The deadline, however, would start at different times, depending on the circumstances of the workplace incident that left you injured and your age when it happened which is explained as follows:
- You have 3 years from the date of the workplace incident in which you suffered an injury
- Should the incident have occurred prior to you being 18 years of age, the 3 year time limit would start from the date you turn 18 as such, you would have up until your 21st birthday to file an accident at work claim against an employer
- If you develop a health issue that a doctor links to the workplace injury you suffered the 3 year deadline would begin from the date of the official diagnosis
Work-related personal injury claims can be complex more especially if proving liability is more challenging. Your claim would need to meet specific legal requirements for it to be valid and this applies even if your employer accepts responsibility for the injuries you suffered due to the error or negligence of a fellow employee. Accident at work solicitors have the necessary legal expertise to handle cases whether liability is accepted or denied and are very aware of the pre-action protocols that must be respected.
As such, having legal representation when filing an accident at work claim against an employer means you would avoid the many pitfalls associated with personal injury cases that involve incidents caused by other employees. Because of the strict statutory 3 year deadline, it is advisable to seek legal advice as soon as possible to avoid running out of time and with legal representation your case stands a much better chance of being successful.
When you contact an accident at work solicitor, they would assess whether your claim against an employer is valid before advising you on how to proceed which they would do in an initial, no obligation consultation which is free of charge. Once the solicitor has gone over all the evidence that supports a claim, they would agree to represent you by offering No Win No Fee terms which means you can begin your claim without worrying about costly legal fees.
Other advantages of having legal representation from the outset would include the following:
- Working with an accident at work solicitor on a No Win No Fee basis also means there would be no ongoing fees to find as your case progresses
- The only time you pay the “success fee” that is agreed in the Conditional Fee Agreement you signed, is when you receive the accident at work compensation you sought and the amount is taken from the money you are awarded
- Accident at work solicitors are able to refer to legal libraries which they can base your case and the amount of compensation you receive on
- A solicitor who represents you would ensure that you are examined by an independent medical professional who would provide a detailed report on the workplace injuries you sustained. This medical report would be used to calculate the level of accident at work compensation you could be awarded
- A solicitor would inform you as soon as they are able to of the amount you could receive
- If you suffered severe injuries in the workplace and therefore you need ongoing treatment/therapy, a solicitor would ensure that interim payments are awarded to avoid you having to cope with any financial hardship until a final settlement is reached
If you suffered an injury because a fellow employee made a mistake or they were negligent, you should discuss your case with a legal expert who would assess your claim before offering essential advice on how to proceed with an accident at work claim against your employer.
If you were injured at work and think your employer failed to implement the correct safety measures, the following link provides essential reading on Health and Safety Executive regulations in the workplace:
For more information about Conditional Fee agreements, please follow the link provided below:
To find out more information about reportable incidents, injuries and work-related health issues, please click on the link below: