Can I Claim for an Injury at Work if I Was Partly to Blame?

As you may already know, if you’re injured at work because of your employer’s negligence, you could be entitled to claim compensation. However, a commonly asked question is, “Can I claim for an injury at work if I was partly to blame?”. The short answer to this question is that yes, in some cases, you could claim on the basis of contributory negligence and be awarded compensation for your suffering.

In this guide, we’ll explain why many employees who are partly to blame for their accident at work could still claim compensation from their employer. We can also help if you have any additional questions because we offer a free initial consultation so that you can discuss your case with a specialist. What’s more, if you were partly to blame for an accident at work and decide to claim, one of our specialist solicitors could help you on a No Win, No Fee basis.

To discuss your options right away, you can:

• Call 0333 241 2519 to speak to a legal advisor.
• Explain what happened via our 24/7 live chat service.

Please read on for more advice on how to claim compensation even if you were partly to blame for the accident. If any questions arise whilst doing so, please get in touch.

What is Contributory Negligence?

Contributory negligence refers to a situation where the claimant (the injured party) is partly responsible for their injury.

However, if it is agreed that you were responsible for your suffering, it doesn’t automatically mean that you won’t be compensated. Consequently, the level of compensation you receive could be reduced in line with the rules of the Law Reform (Contributory Negligence) Act 1945.

For instance, you were in a car accident at work with another driver but you weren’t wearing your seatbelt at the time. The other driver is likely to be found to be mostly to blame but because you didn’t wear a seatbelt, it could be argued that you were partly responsible for the severity of your injury. This would be contributory negligence.

If a case is settled on contributory negligence grounds, your level of blame for your injury would need to be assessed. Usually, this is down to insurers and your solicitor.

If it is agreed by both parties that you were 20% responsible, for instance, your compensation would be reduced by 20%.

How Does Contributory Negligence Impact Work Injury Claims?

Again, it is important to reiterate that you could still claim compensation for a personal injury that you were partly responsible for.

So, how are contributory negligence percentages calculated following an accident at work? Well, those dealing with your claim (your solicitor and your employer’s insurers) will question whether:

• You followed the company’s safety procedures i.e., were you wearing personal protective equipment (PPE) provided by your employer? Did you follow the training you’d be given or did you report any machinery defects?
• Did the employer provide a safe working environment, train you properly, maintain all workplace equipment properly and carry out regular risk assessments?

Based on this information, a percentage of blame will be apportioned to both parties. For instance, your employer might be said to have been 75% responsible and your actions meant you were 25% to blame.

Once this has all been agreed upon, the claims process will proceed as normal. However, any compensation payout offered will have been reduced accordingly.

Employer’s Duty of Care and How It Affects Claims

While you’re at work, your employer has an obligation to try and protect your well-being. This is called their legal duty of care and it is defined by the Health and Safety at Work etc. Act 1974.

This duty of care requires employers to take reasonable and practical steps to try and prevent staff injuries. They may be in breach of that duty if you are injured at work because of:

• Inadequate equipment maintenance.
• Insufficient risk assessments.
• A lack of PPE where needed.
• A lack of training and supervision (including refresher training).

Crucially, any breach of duty by your employer could mean they have a higher level of blame for your accident even if you were partly to blame for it.

For this reason, you may decide to contact an accident-at-work solicitor to help you claim so that your level of responsibility is not over-estimated during the claims process. This is important as it could dramatically affect the level of compensation you might be offered.

Examples of Work Injury Claims Involving Partial Fault

Here are a couple of examples of how workplace contributory negligence claims work:

• After a crane dropped its cargo onto a digger due to poor loading, the digger driver suffered a serious head, neck and spine injury. It was agreed that although the site operator was liable for the initial accident, the claimant’s injuries were worsened because they were not wearing a hard hat. As such, the proportion of blame was 75:25 so the injured worker’s compensation was reduced by 25%.
• A supermarket stockroom worker slipped and fell on a wet floor due to a recent cleaning. They broke their hip during the fall and decided to claim compensation. As they were not wearing the anti-slip footwear provided by their employer, it was agreed that the accident would’ve happened anyway because there were no warning signs used. Consequently, the injured worker was assigned 10% of the blame for their injuries and their insurance payout was adjusted accordingly.

As you can see, it is still worth investigating whether you can claim for an accident at work as you could be compensated even if you were partly to blame.

How to Make a Work Injury Claim if You Were Partly to Blame

If you decide to claim workplace accident compensation for injuries which you were partly responsible for, you should:

• Gather Evidence
  You will have to prove why, how and where you were injured and why your employer was partly to blame. Evidence that could be used to support your claim includes:
  • Accident scene photographs (especially if they identify the reason for your accident).
  • Details of anyone who saw the incident in case you require witness statements.
  • Medical records that confirm your injuries.
  • Camera footage i.e. recordings from bodycams, CCTV cameras, mobile phones etc.
  • A copy of an accident report form.

These are just some examples of the types of evidence that could make it easier to prove your case.

• Seek Legal Advice
  
  • Rather than accepting that you were partly to blame for your accident at work, it’s a good idea to seek advice from a solicitor who specialises in personal injury claims. Many (including ours) offer a free initial consultation so you can find out your options on a no-obligation basis.
  • Importantly, during the initial call, you may be advised on whether you need to claim on a contributory negligence basis or not and the strength of your claim. If your case is strong, they might offer to represent you on a No Win, No Fee basis.

If you decide to proceed with a claim, the first step is for your solicitor to file the details with your employer or their insurers. At this stage, they may not raise the issue of contributory negligence.

If it is decided that your actions contributed towards the accident and your suffering, both parties will negotiate the proportion of blame. Crucially, your solicitor will aim to lower your share of responsibility as much as possible to try and ensure that you receive as much compensation as possible.

How Compensation Is Calculated for Contributory Negligence Cases

As discussed already, if your case is successful, you may receive a reduced compensation payment based on your level of responsibility for your injuries. This will be calculated in the normal way and any settlement offer will be based on:

• The physical and emotional suffering caused by your injuries along with any impact they have on your everyday activities and hobbies (general damages).
• Any costs, financial losses or expenses linked to your injuries (special damages).

To calculate general damages, solicitors normally require an independent medical report along with copies of your medical records. This enables them to compare your injuries with those listed in the Judicial College Guidelines (JCG). Your solicitor may base your compensation claim on the settlement brackets listed for similar injuries in the JCG.

Special damages must be proven by financial records like bank statements, receipts or wage slips so you should provide copies to your solicitor where possible.

Once your total compensation figure has been agreed, it will be reduced in accordance with your proportion of the blame. For instance, if you were awarded £10,000 but you were 20% to blame for the accident, your settlement offer would be £8,000.

Common Questions On Claiming for a Workplace Injury If You Are Partly to Blame

In this section, we’ve answered some commonly asked questions on claiming for injuries that you were partly responsible for:

Will My Claim be Denied if I Admit Fault?

Not always. In some cases, the claim could be settled on a contributory negligence basis meaning you could still be paid some compensation. That is to say that your level of blame will be decided during negotiations and any settlement would be reduced accordingly.

Can I Still Claim if I Didn’t Follow Safety Instructions?

It may be possible to claim compensation for a work-related injury if you didn’t follow safety instructions. For instance, if your solicitor successfully argues that the accident would have happened anyway, you could be paid compensation to cover your suffering even if you were partly to blame.

How Long Does It Take to Settle Contributory Negligence Cases?

Each accident at work claim is unique so there’s no way of saying exactly how long it will take. Generally, once the level of responsibility has been agreed upon, other factors will determine how long the claim will take. For instance, if you sustained a minor injury at work and have recovered completely, you could be compensated in less than 6 months. Other claims involving more complex injuries, longer recovery times or investigations could take a year or more to be settled.

Is There a Limit to How Much My Compensation Can Be Reduced?

In theory, there is no limit to how much your compensation can be reduced due to contributory negligence. For instance, if you made a serious error and were found to be 80% responsible for your injuries, you would typically only be entitled to 20% of the usual settlement amount if the claim was successful. This is something a solicitor may take into account before agreeing to represent you so it’s always a good idea to seek legal advice before starting the claims process.

Contacting Us About Contributory Negligence in a Work Accident

As we’ve shown, you can claim compensation for an injury at work that you were partly to blame for. Even though any compensation payout will be reduced accordingly, you should not give up on claiming for any settlement you are entitled to receive.

If you believe you are entitled to claim for a workplace injury that you were partly to blame for, you can contact us now. To do so, you can:

• Call 0333 241 2519 to speak with a legal advisor.
• Use our 24/7 live chat service to ask questions online.

Crucially, there is nothing to lose by contacting us because your initial consultation is free and there’s no obligation to take things further. However, if your claim is suitable and strong enough, one of our solicitors could help you to start a claim on a No Win, No Fee basis.