Accidents Caused by Co-Worker Claims

Under a legal doctrine known as “vicarious liability” the employer and ultimately the employers’ insurers, will have liability for an injury and resultant loss arising from a breach of duty of care on the part of a colleague.

The doctrine of vicarious liability also extends to assaults in the workplace and we have had considerable success in the past when acting for injured parties that have suffered assault and battery were a fellow worker has in the course of their duties, deliberately or recklessly caused injury through following their duties by means of an “unauthorised mode”.

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Carrs Solicitors have represented many clients who have suffered injury as a result of the negligence of their colleagues including those who have been injured by individuals working for another employer.

Case law on these types of incidents includes events where a fellow worker has used deliberate violence against our client or has exhibited reckless behaviour. In these cases the employers’ insurers will provide indemnity cover for the employer’s vicarious liability.

Such events are normally extremely sensitive in their nature and often involve issues of harassment, which can of itself give rise to a claim for damages. This is an area that can involve issues of employment law as well as employers’ personal injury liability law and we are well placed to advise you in regards to your workplace rights and in relation to your entitlement to compensation following an assault at work.

Assault cases also give rise to an entitlement to claim compensation under the Criminal Injuries Compensation Authority Scheme. This scheme is designed to help victims of violent crimes and allows victims to claim regardless of whether the attacker has been convicted.

We confirm we operate on a No Win No Fee basis, meaning that the client is not put to any financial risk. If we are unsuccessful we do not get paid and there are no other fees for the client to pay. If the claim succeeds we seek a contribution from our client's damages with the vast majority of the compensation going to the client. The client has no up front payments to make and is never out of pocket. For free advice as to whether you may have a claim and as to how we take your case forward please call John Carr in confidence.