We are often approached by clients who don’t think they have a claim against their employer because they may have been partly at fault for their accident.
There are strict regulations to ensure that all employees, contractors, and visitors are protected when at either their or someone else’s place of work – see Paul Mulderrig’s article for more information about these.
Whilst individuals have a responsibility to look out for their health and safety, the burden on the employer is far higher. So even, if you think you were wholly or partly at fault, often when the regulations and the law of negligence are carefully considered this isn’t always the case.
Even if you are found partly at fault this doesn’t mean the end of your claim. The law calls this contributory negligence.
What is Contributory Negligence?
Contributory negligence is always expressed in percentage terms so, for example, if you were found 25% at fault, then any compensation you recovered would be reduced by 25%.
Some common arguments made by insurers include employees failing to follow training & risk assessments or not wearing the correct personal protective equipment.
Of course, we are well aware that the reality can be very different, and we can often counter argue that employers didn’t keep training up to date or share risk assessments with their staff.
In truth, we often find that these sorts of arguments fall by the wayside once negotiations take place, you might say that some insurers try it on, but I couldn’t possibly comment!
The best thing to do is get some advice – our experienced team of personal injury lawyers will be able to let you know quickly if you have grounds for a claim.
Contact a Specialist in Accident at Work Claims
Here at Farleys, we have a team of personal injury solicitors with extensive experience of acting on behalf of clients in claims against their employers following an accident at work. These claims can often be taken on a no win no fee basis so if you’re looking at the possibility of making an accident at work claim, please get in touch for a confidential chat. Call 0845 287 0939, get in touch by email, or use the online chat below.
