Yes, in most cases. Being partly to blame for an accident at work does not stop you claiming compensation. It can reduce the amount you receive, because the insurer or the court may deduct a percentage to reflect your share of the responsibility. A claim only fails completely where your own actions were the sole cause of the injury, which is unusual.
This article explains how that reduction is worked out, what your employer has to prove and what to do if you think you contributed to your accident. It covers the law in England and Wales. For the wider picture, see our guide to your rights after an accident at work.
What is contributory negligence?
Contributory negligence is the legal term used where a claimant has failed to take reasonable care for their own safety and that failure has contributed to causing or worsening their injury or loss. Contributory negligence is the legal term used where a claimant has failed to take reasonable care for their own safety and that failure has contributed to causing or worsening their injury or loss.
Under the Law Reform (Contributory Negligence) Act 1945, where damage has resulted partly from the claimant’s own fault and partly from the fault of another person, the claimant’s damages may be reduced by such amount as the court considers “just and equitable”, having regard to the claimant’s share of responsibility for the damage.
The reduction is therefore determined according to the circumstances of the particular case and the claimant’s contribution to the damage; it is not necessarily a fixed percentage.
The reduction is a percentage of the total award. To show the arithmetic, suppose your injuries are valued at £20,000 and you are found to be 25% responsible. The award falls by £5,000, to £15,000. That figure is an illustration, not a typical outcome. There is no fixed scale, and every case depends on its own facts.
Who has to prove you were at fault?
Your employer does, in practice through their insurer. Insurers often raise contributory negligence early, because any reduction lowers what they pay. An allegation is only a starting position. It has to be supported by evidence such as CCTV, witness statements, training records and the risk assessment, and you are entitled to challenge it.
The courts are generally cautious about finding employees contributorily negligent
An employer has to assess risks, provide safe equipment, train staff and supervise them. The courts have long accepted that this duty extends to ordinary human error, meaning tiredness, distraction, repetitive tasks and pressure to meet targets, and not only to workers who behave perfectly. A momentary lapse during a task you have done hundreds of times is far less likely to attract a large reduction than a deliberate decision to ignore a clear instruction.
Manual handling shows how this works. Whether a worker lifted badly often depends on whether they were ever trained to lift properly, which is why manual handling injury claims so often turn on the employer’s training records.
The law does place duties on you as well. Section 7 of the Health and Safety at Work etc. Act 1974 requires employees to take reasonable care of their own safety and that of others. The Personal Protective Equipment at Work Regulations 1992 require you to use protective equipment in line with your training and instructions. Ignoring instructions you were given can count against you.
What if you did not follow a safety procedure?
Breaking a rule does not automatically lead to a large reduction or a failed claim. Three things tend to decide how much weight your own conduct carries: what you were told and trained to do, whether the rule was enforced in practice, and whether your employer made it possible to comply, with the right equipment, enough time and enough staff.
The examples below show how an insurer’s argument and the evidence against it can pull in different directions.
| What happened | What the insurer may argue | What may count against that argument |
| Not wearing protective equipment | You were told to wear it | It was not supplied, did not fit, or nobody enforced the rule |
| Using a ladder or machine incorrectly | You ignored your training | No training was given, or the correct equipment was not available |
| Working with a guard removed | You bypassed a safety feature | Supervisors expected it in order to hit targets |
| Crossing a wet or cluttered floor | You should have used another route | The alternative was blocked, or the hazard had been reported and left |
| Not wearing a seatbelt or driving too fast in a site vehicle | You broke a clear rule | Site rules were not enforced, or schedules made compliance unrealistic |
The same approach applies whatever the type of accident, whether it involved a fall in the workplace or a workplace vehicle.
Can partial blame stop a claim altogether?
A full reduction is possible, but it requires the employer to show that nothing they did or failed to do played any part. Most workplaces involve some duty on the employer’s side, such as training, supervision or maintaining equipment, so this is a high bar. A solicitor can look at whether your employer’s own failings sit behind your accident.
What to do if you think you were partly to blame
- Report the accident and get it recorded, even if you think you caused it. An unreported accident is harder to prove and may prove detrimental to your position as the matter progresses
- Stick to facts. Describe what you did, what you saw and what you had been told. Avoid opinions such as “it was my own fault”, because whether you were at fault is a legal question that depends on things you may not know, such as what training your employer was required to provide.
- Be honest about your own part. If a court finds a claimant fundamentally dishonest, the entire claim can be dismissed, including the parts that were true. A modest reduction for contributory negligence is a far better outcome.
- Keep anything that shows what you were told and given. This includes training records, the protective equipment you were issued, messages about the task, photographs of the equipment or area, and the names of anyone who saw what happened.
- Read before you sign. Take advice before signing any statement that assigns blame, and before speaking to your employer’s insurer.
The usual time limit for a personal injury claim is three years from the date of the accident, or from the date you first knew your injury was linked to work. Taking advice while events are fresh makes evidence easier to gather.
Common questions
Does the reduction apply to the whole award?
Yes. It applies to the total, including compensation for lost earnings and out-of-pocket expenses, not only the payment for pain and suffering.
Can my employer discipline me over the accident while I claim?
An employer can carry out its own investigation and, where its policies allow, take disciplinary action. That process is separate from your compensation claim, but anything you say or sign in it may later be seen by the insurer. You can ask to be accompanied to a disciplinary hearing by a colleague or trade union representative.
What if a colleague was also at fault?
Employers are normally legally responsible for the negligence of colleagues acting in the course of their work. Their share of the blame is treated as the employer’s, so it strengthens your claim rather than reducing it.
Speak to a solicitor before the insurer
If you have been injured at work and are worried about your own part in what happened, get advice before you speak to the insurer. Marley Solicitors handles accident at work claims on a no win no fee basis, and any fee taken from your compensation is explained to you before you start. Call 01772 282600 to talk it through.