Injured by a colleague at work: can I claim?

Key points

Employers are vicariously liable for negligent acts of employees in the course of their employment under the doctrine confirmed in Lister v Hesley Hall Ltd [2001] UKHL 22.
You normally claim against the employer's Employers' Liability insurer, not the colleague personally.
Liability extends to acts 'closely connected' with employment — including some intentional acts, depending on facts.
Where the act is a criminal assault unconnected with duties, the Criminal Injuries Compensation Scheme may apply instead.

Most workplace accidents involve no malice — a colleague forgets to secure a load, drives a forklift carelessly, or omits a safety step. The injured worker often does not want their colleague sued. They don't have to be: in almost every case the claim is against the employer's insurer under the doctrine of vicarious liability.

What is vicarious liability?

An employer is legally responsible for the negligent acts of its employees committed in the course of their employment. The leading authorities are Lister v Hesley Hall Ltd [2001] UKHL 22 and Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11. The test is whether the wrongful act is 'closely connected' with the duties the employee was paid to perform.

Examples that succeed

A driver hitting a colleague while reversing a delivery van; a banksman waving a crane operator on without checking the swing area; a chef leaving a knife on a counter; a nurse handling a patient without help. All are negligent acts committed during work duties — the employer's EL insurer pays.

What about deliberate violence?

Vicarious liability can extend to assaults where the assault was an unbroken consequence of the work the employee was engaged to perform (see Mohamud). Where the assault is a purely personal quarrel unconnected with duties, the employer may escape liability and the Criminal Injuries Compensation Scheme 2012 is the alternative route. Our guide to workplace assault claims covers this in detail.

Will my colleague get into trouble?

In practice, no. The claim is processed by the employer's insurer; the colleague is not personally a party. Disciplinary consequences are a matter between the employer and the colleague — they are separate from the civil claim.

Evidence

The accident book, CCTV, witness statements, training records of the colleague involved, and any internal investigation report. Where the colleague was operating equipment, the inspection and maintenance log of the equipment is relevant.

Do I have to sue my colleague personally?

No. The claim names the employer as defendant and the employer's Employers' Liability insurer pays.

What if the colleague was 'horseplay'?

If horseplay was tolerated or unsupervised by the employer, vicarious liability can still attach. Where the act was an entirely personal frolic, recovery may be through CICA or against the colleague personally.

Does the colleague need to be sacked for me to claim?

No. The civil claim is independent of any disciplinary process.

Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.

This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.