If a fellow worker is responsible for causing you injury, then it is likely that you will have a very strong case against the employer (there is no need, and often no point, in making a claim against the fellow worker).
This is because:
- at common law an employer must provide you with competent fellow workers – i.e. properly trained, instructed, supervised and (if necessary) disciplined;
- an employer is “vicariously” liable (indirectly liable as a substitute) for the negligence of employees whilst they are in the course of their employment;
- even if the employee strays outside of the course of employment – e.g. playing practical jokes, or doing something illegal – the employer can still be held liable if the employee has a history of such conduct which the employer has failed to prevent;
- the courts have widened the net in recent times to make the employer liable even for prohibited or illegal conduct, provided it is closely connected with the employment (e.g. where a warden at a residential school uses their position to sexually assault children; or a bouncer at a nightclub abuses their position and assaults someone);
- under the Protection from Harassment Act 1997, an employer is vicariously liable for a course of conduct amounting to harassment carried out by his employees
No win no fee
We can offer you a no win no fee agreement backed with legal expenses insurance for such cases so you needn’t worry about ending up out of pocket.