Can I claim for an accident at work caused by a work colleague?

Suppose you are injured in an accident at work because of a colleague’s carelessness. In that case, you can still claim compensation against your employer for your injuries and other losses, such as loss of earnings.

This is because of a legal rule, or doctrine, called ‘vicarious liability, which means that an employer can be held responsible for one of their employees’ negligent actions (or lack of action).

Example: if you are knocked down in the factory where you work by a forklift truck which is being driven by another of the company’s employees and was caused by the driver failing to keep a proper lookout, you can bring an accident claim against your employer, in the reasonable expectation that subject to the strength of your evidence, your claim would be successful.

This claim would be based on the doctrine of vicarious liability, with the employer being liable for the injury and loss caused to you as a result of the negligence of your co-worker.