When you suffer an injury as a result of an accident at work caused by a mistake on the part of your employer, it may seem right or moral that your employer’s insurance company would appropriately compensate you for your injury. Unfortunately, this rarely happens, leaving the onus on you to claim compensation.
When building a case for compensation after a health and safety ignored at work in Cambridgeshire, your primary concern is proving liability. While some accidents are exactly that – accidents – others are due to carelessness or, in legal speak, negligence. To receive compensation for your accident, you must therefore prove that your employer was negligent. This can be a difficult task, although some cases are easier to prove than others.
Defences to negligence in a claim for health and safety ignored at work in Cambridgeshire
Your employer’s insurance company will want to settle your claim for as little money as possible and may use a number of tactics to defend against your allegations of negligence. Two of the most common defences they may call upon are contributory negligence and assumption of risk.
- Contributory negligence
Contributory negligence may be a factor in your claim if your employer can prove that your conduct fell below a certain standard necessary for your own protection. For example, if you suffered a serious burn to your face after a welding torch malfunctioned, but you failed to flip down your mask before using the torch, your employer may consider you partly to blame for your accident at work in Cambridgeshire and may reduce your compensation settlement accordingly.
- Assumption of risk
Assumption of risk may play a role in your claim if your employer can prove that you were aware of an obviously dangerous activity, but proceeded to engage in the activity anyway. For example, if you reported a dangerous piece of machinery to your employer, but your continued use of the machinery caused you to suffer an amputation, your employer may allege that you willingly put yourself at risk.
Worried about proving your claim for health and safety ignored at work in Cambridgeshire?
When it comes to proving liability for health and safety ignored at work in Cambridgeshire, you must let a solicitor from the Accident Advice Helpline fight for your cause. It is likely that your employer will have a solicitor and an insurance company on their side, and they will work tirelessly to ensure that you do not receive all the compensation to which you are entitled.
To enquire about hiring legal representation, please call our Freephone helpline and let us review your claim free of charge and without obligation.
Date Published: 23rd December 2014
Author: David Brown