Can I Claim Compensation If My Accident at Work Was My Fault?

Many people assume that if an accident at work was their fault, they cannot claim compensation. This is a common misconception.

In UK law, you may still be able to claim compensation for an accident at work even if you were partly responsible, provided your employer also breached their duty of care.

Can You Claim Compensation If an Accident at Work Was Your Fault?

Yes, you can still claim compensation for an accident at work even if it was partly your fault.

Employers have a legal duty to take reasonable steps to protect employees’ health and safety. If that duty was breached — even partially — you may be entitled to compensation.

This applies even where:

• You made a mistake
• You were following unsafe instructions
• Training was inadequate
• Proper safety equipment was not provided

What Is Contributory Negligence?

Contributory negligence is when an injured person is found to be partly responsible for their own injury, which can reduce the compensation awarded.

Under the Law Reform (Contributory Negligence) Act 1945:

• You can still make a claim
• Compensation may be reduced by a percentage
• The court assesses whether you took reasonable care for your own safety

Contributory negligence is not automatic and must be proven.

Does Being Careless Mean You Cannot Claim?

No. Being careless does not automatically prevent you from claiming compensation.

The courts recognise that:

• Accidents often involve momentary lapses
• Employees work under pressure
• Unsafe systems of work may exist

A brief lapse in attention or following common workplace practices does not necessarily amount to contributory negligence.

Case Law Example: Casson v Spotmix Ltd

Casson v Spotmix Ltd is a leading case on contributory negligence in workplace accident claims.

What happened in Casson v Spotmix Ltd?

Mr Casson was injured while cleaning a conveyor belt when his glove became caught in moving machinery. His employer had failed to provide adequate training or a safe system of work.

The trial judge:

• Found the employer negligent
• Reduced compensation by 10% for contributory negligence

What did the Court of Appeal decide?

The Court of Appeal overturned the reduction and ruled that:

• The conveyor ran continuously
• Mr Casson followed established working practices
• There was no safer alternative available
• His actions did not fall below the standard of a reasonable employee

As a result, Mr Casson received full compensation.

Why Is Casson v Spotmix Ltd Important?

The case confirms that employees are not expected to protect themselves from unsafe systems of work created by their employer.

It shows that:

• Simply working near danger does not mean you are at fault
• Courts assess real working conditions
• Employers cannot shift blame where training or systems are inadequate

What If You Did Not Follow Safety Procedures?

Failing to follow safety procedures does not automatically stop you from claiming.

Employers must:

• Provide clear and proper training
• Clearly communicate safety procedures
• Enforce safety rules
• Supervise employees properly

If safety procedures existed only on paper or were routinely ignored, liability may still rest with the employer.

Can Making a Claim Affect Your Job?

No. It is unlawful for an employer to dismiss or treat you unfairly for making a legitimate accident at work claim.

Most claims are handled through the employer’s insurance policy and not paid personally by the employer.

How Long Do You Have to Claim for an Accident at Work?

You usually have three years to make an accident at work claim.

This runs from:

1. The date of the accident, or
2. The date you became aware your injury was work-related

Exceptions apply, so legal advice should be sought as early as possible.

A Solicitor’s Perspective

Mr Ayoub Khan, Managing Director of Aston Knight Solicitors, explains:

“Many clients assume they cannot claim because they believe the accident was their fault. Cases such as Casson v Spotmix Ltd demonstrate that the law takes a much broader view. Employees are not expected to compensate for poor training, unsafe systems of work or inadequate supervision.”

He adds:

“Contributory negligence is frequently raised by insurers, but it must be properly justified. A momentary lapse or following unsafe workplace practices does not automatically mean an employee has failed to take reasonable care.”

How Aston Knight Solicitors Can Help

Aston Knight Solicitors regularly advise clients who:

• Believe an accident was their fault
• Have been told they cannot claim
• Are concerned about contributory negligence

We provide:

• Clear, honest advice
• A detailed assessment of liability
• Professional handling of accident at work claims

Many claims can be pursued on a No Win, No Fee basis.

Aston Knight Solicitors, Bury, are a specialist firm of solicitors that specialise in serious injuries including work injury compensation. If you would like to discuss further please contact a member of our team on 0800 999 6661 or email info@astonknightsolicitors.co.uk for a free and confidential discussion.