Injured By Another Employee – Can I Get Help?


Getting injured at work can throw up a number of concerns that linger on down the line.

Knee injury
  1. How will I pay my bills?
  2. How long will I be off work for?
  3. Will I have a job to go back to when I recover?
Hopefully in this case study, we'll shed some light on your concerns, and show you that with the right legal help, you could successfully make a claim.

5 Months Off Work

Royal Mail employs nearly 1% of the UK population, and the man that came to us for help was part of that number. Aged 53, Shaun Moore was at work unloading his vehicle when a nearby colleague moved the dock leveller. It struck him in the knee, fracturing his kneecap.

According to the NHS, 1% of all fractures that happen to the leg involve the kneecap. He was off work for 5 months recovering, when he decided to bring a claim against his employers, Royal Mail.

Care For Your Fellow Employee

When we think of accidents at work, some assume that it's because of debris left on the floor, causing a slip or fall, but do you ever think about what would happen if it were the fault of a colleague?

Over the years, Simpson Millar LLP has taken on a number of cases in which it was a fellow employee that was the cause of an accident, not the person injured. Gary Tierney, partner at Simpson Millar LLP commented on this case, "Employees should be aware that they have a duty of care to their fellow employees. Failure to do so can lead to injury."

As a result of our help and the medical report, Mr Moore received £17,500 in compensation even though initially Royal Mail disputed their responsibility for his injury. We did not accept Royal Mail's initial denial of liability and the case was fought on behalf of Mr Moore. Having accepted primary liability Royal Mail attempted to reduce the level of damages by alleging that he was a contributory negligent, these arguments were also rejected by us and compensation was awarded on a 100% basis.

This example just goes to show that with the right legal representation, a decent compensatory sum can be won on your behalf to try to put things right.

Mr Moore was "more than happy with the assistance of Simpson Millar LLP" for guiding him "through every stage with such ease" and for ending his claim with a settlement in "less than a year."

After the Accident

Compensation is often used to pay for things such as bills or expenses that were incurred during a worker's time off work making it even more important for you to pursue your claim. When you do return to work after an accident, you may be put on 'light duties' until a time comes when you'll be able to take on your previous role again.

Often, people become anxious when they take time off work because of an accident but, it is important that you recover to a standard that does not bring you further harm on the job. If the injury you sustained is severe, your employer may change your role to reflect your new level of ability. This is something you can discuss further with your solicitor and possibly negotiate on during the process.

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