How far does your Employers Responsibility go for your Colleagues Actions?
If you've been injured at work, you may be unsure who's responsible. Maybe you're outside of the office? Maybe it was your colleague who did the damage? One of our clients recently made a successful claim
for the latter.
One Royal Mail
employee received a particularly unusual injury
. Whilst they were at work, a colleague threw a parcel, which hit her on the head. She went to hospital afterwards, and had injured her head and neck, with pain radiating into her right shoulder.
It is fair to say that you don't really expect something like that to be the result of your work related injury
We arranged for a medical expert to assess the woman, who determined that a full recovery would be made, but it would take 12 months. She had already had to take some time off work, and on top of this, was on light duties for 6 months.
The Point of Law
Employers are quite often legally responsible for the actions of their employees
. This is a type of law known as 'vicarious liability'
. Say you're injured at work because your colleague was careless. If your colleague's actions were during the course of their employment, the employer will be legally responsible for them, and would likely be the person who compensates you.
In our case against the Royal Mail, we were able to secure £2,500 in compensation
for the woman, which covered the earnings she lost, and the pain and suffering of her injuries. Commenting on our help she said, "Gary Tierney achieved settlement of my personal injury claim in under 12 months. He provided an efficient and friendly service."
She went on to say that she hoped that reading her statement would encourage others in a similar situation
to make a claim.
Legally speaking, it can be quite difficult to determine when an employer is vicariously liable for their employee, and this is why it's always worth having a quick chat with a solicitor. This first conversation is almost always free, and that way you will know for sure whether you have a claim against your employer after being injured at work – whatever the circumstances!