An accident at work can result in a compensation claim if the accident occurred as a result of your employer’s failure to keep your place of work in a safe condition. To receive compensation, you must prove that your employer was negligent (careless) and that their negligence caused you to suffer an injury.
Defences to West Lindsey accident at work claims
As you may expect, your employer may use a number of defences to prevent you from receiving the compensation you deserve. Common defences to West Lindsey accident at work claims include:
- No breach of duty
To win your case, you will need to show that your employer did not maintain the workplace in a safe condition. If your employer can demonstrate that they kept the workplace safe and secure at all times, you may not be able to hold them liable for your injuries.
- Lack of causation
You must show that your employer was at fault for your West Lindsey accident at work. If you suffered an injury caused by a slippery floor and you can show that your employer failed to instruct the caretaker to signpost the slippery floor, you will be able to prove negligence on the part of your employer.
- Contributory negligence
Contributory negligence is when the court compares your own negligence against your employer’s negligence. This is typically a defence that is used when your employer believes that you acted carelessly. If the court finds that you were partially responsible for your accident, it will reduce your compensation settlement accordingly. For example, if the court determines that you were 50% responsible for your accident, your employer would only have to pay you 50% of the compensation to which you would have been ordinarily entitled.
Protecting your right to compensation
If you are involved in a West Lindsey accident at work, your first step should be to consult with an experienced personal injury lawyer here at Accident Advice Helpline. Our lawyers will be able to review your situation, advise you on your legal rights and responsibilities, and put forth a strong case on your behalf.
Your employer and their insurance company will have a team of lawyers ready to defend against your compensation claim so it is essential that you hire expert representation to ensure you get the compensation you deserve. Please contact us today for more information – simply call our freephone helpline or use our 30-second test.
Date Published: 15th November 2014
Author: Jan Newell