We recently blogged about a claim we settled where the key issue in the case was surrounding a term we know in the legal industry as vicarious liability. What this means is that, where you are injured by a colleague in the workplace, your employer is liable.
As work accident specialists, we are pleased to have settled another case of vicarious liability for Mrs M in a sum just over £4,100.00
The injury was caused during the course of our client’s employment as a carer when she was assisting a service user with another colleague. Whilst assisting the service user, a colleague trapped her hand in a door which led to broken finger and hand injury being sustained.
Initially, as does happen in some cases, her employer tried to wriggle out of paying up by denying liability and suggesting our client was at fault. We quickly pressed them to agree to deal with the claim when we pointed out that our client was doing her job correctly in assisting the service user. As with any care job, the concentration is on making sure patients and service users are the ones being helped.
Clearly the colleague was responsible for the injuries given that it was the other employee that closed the door on our clients hand when she was assisting a service user. The strength in a vicarious liability claim is strong, and we pressed then in to dealing with the claim. Whilst they never really accepted liability, they agreed to deal with the case on a ‘without prejudice’ basis which meant they were prepared to settle; just not admit blame.
In reality this has little bearing on the claim though as they agreed to settle the case.
We produced medical evidence to show the extent of the injuries and losses that is used as the vital evidence for settling claims. After negotiations commenced with the opponent, the case was settled in a sum just over £4,100 which Mrs M was happy to accept.
Another case settled! If you want help and advice about an accident at work claim, just call our claims helpline on 0800 634 7575 today.