The law of negligence requires your employer to conduct themselves in a manner that conforms to certain standards of conduct. If your employer’s actions violate those standards, and you suffer an Eden accident at work as a result, the law requires your employer to compensate you for your injuries.
The elements of negligence
To create a successful negligence claim, you must prove each of the following elements:
1. Your employer owed you a duty of care
2. Your employer breached that duty
3. The breach led to the accident that caused you harm
If you were partly to blame for your Eden accident at work, you will still be eligible to make a negligence claim against your employer. However, your employer may call upon a defence called contributory negligence. The idea behind the concept of contributory negligence is that you have a duty to act sensibly while you are at work. If you did not act in this way, your employer may hold you partially responsible for your accident.
If contributory negligence applies to your case, you will still be able to seek compensation from your employer. Your employer will simply calculate your compensation settlement and reduce it to reflect your contribution to the accident. For example, if you were entitled to receive £10,000 and your employer determined that you were 25% responsible for your Eden accident at work, you would receive £7,500 in compensation. Even if you were 75% responsible for your accident, you would still be entitled to recover 25% of the total compensation from your employer.
Filing a negligence claim for your Eden accident at work
Even if you are confident that you can prove all the elements of a negligence claim, you will need a skilled personal injury solicitor to build a compelling case and ultimately win you compensation. Since you can have your claim assessed for free by the trained claims advisers here at Accident Advice Helpline, there is no risk involved in consulting with us if you have been injured as a result of an Eden accident at work caused by your employer’s negligence.
To get in touch with us, simply call our Freephone helpline and speak to one of our friendly advisers, or use our 30-second test.
Call Accident Advice Helpline free on 0800 689 0500 or 0333 500 0993 from a mobile phone for free, no obligation advice about making a claim.