What happens if I am injured by a work colleague?
Updated: 3 Oct, 2025 By Chris Salmon
If you are injured at work due to a colleague’s actions, you may still be entitled to claim compensation. In most cases, your claim will be made against your employer rather than the individual worker, under the principle of vicarious liability.
At a glance
- Employers have a legal duty of care to protect staff from harm.
- Under vicarious liability, employers are responsible for employees’ negligent or reckless acts.
- Claims are made against the employer’s insurer, not the individual colleague.
- Solicitors will look at training, supervision and risk assessments to establish liability.
- Employers must have at least £5m in Employer’s Liability Insurance cover.
Duty of care
Under the Health and Safety at Work Act 1974, employers must take reasonable steps to protect employees from foreseeable harm. This duty of care cannot be delegated to another employee. If a colleague causes your injury, your employer may still be held legally responsible.
If a colleague caused the accident while working, the claim is still usually against your employer’s insurer. Report your injury and keep evidence to support your claim.
John Kushnick
Legal Operations Director (NAL)
What is vicarious liability?
Vicarious liability is a long-established legal principle that makes employers responsible for the actions, inactions, negligence or recklessness of their employees. This liability applies even if the accident was caused by another worker behaving carelessly or in breach of company policy.
In some cases, vicarious liability may also extend to contractors working under the control of the employer. For example, if a contractor on site injures an employee while carrying out their work, the employer may still be liable.
Establishing vicarious liability
Your solicitor will take the following steps to establish whether vicarious liability applies:
- Employment status: Confirming that an employer/employee relationship exists (usually with an employment contract).
- Risk assessments: Checking if regular and suitable risk assessments were carried out.
- Foreseeability: Determining whether the accident was foreseeable and whether risks were properly managed.
- Training: Establishing whether both you and the colleague were given adequate training.
- Safety equipment: Reviewing whether proper safety equipment (PPE) was provided, maintained and used.
- Supervision: Assessing whether management had effective supervision in place at the time of the accident.
Example: warehouse injury
Imagine you are working in a warehouse and a colleague driving a forklift collides with a stack of pallets, causing heavy boxes to fall and injure you. Although your colleague directly caused the accident, your claim would usually be against your employer. This is because the employer is responsible for ensuring that staff are properly trained, supervised, and that safe systems of work are in place.
Employer’s Liability Insurance
All UK employers are legally required by the Employers’ Liability (Compulsory Insurance) Act 1969 to have employer’s liability insurance with at least £5 million of cover. This ensures that compensation is paid by the insurer, not directly by your employer, if you are injured at work.
Once your solicitor demonstrates that vicarious liability applies, your claim will usually be pursued against your employer’s insurer. This process ensures that you receive the compensation you need without placing your colleague personally at financial risk.
Have you been injured at work?
If you have been injured at work in the last 3 years, you may be able to claim financial compensation.
Find out more about making a work accident claim:
- Do you qualify?
- How much compensation could you get?
- How does No Win, No Fee work?
Read more: Work accident claim guide
Our work injury advisors will:
- Offer free, impartial advice
- Explain how No Win, No Fee works
- Recommend the right solicitor
About the author
Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.
Last reviewed October 2025 by Chris Salmon
External references
- Employers’ Liability (Compulsory Insurance) Act 1969 - ensures employers are insured to cover injuries caused by employees.
- Health and Safety at Work etc. Act 1974 - sets out employer duties to protect staff from workplace risks, including co-workers’ actions.
- HSE: RIDDOR - explains employer obligations to record and report workplace accidents.
- GOV.UK: Compensation after an accident or injury - government guidance on the claims process.
