My Employer Says the Accident Was My Fault – Can I Still Claim?

Yes, potentially. Your employer saying that an accident was your fault does not automatically mean that you cannot make a compensation claim.

If you have been injured at work, it can be particularly difficult when your employer tells you that you caused the accident or that you should have been more careful.

You may be worried about your job, your relationship with your employer or whether you will be able to claim compensation at all.

The legal position is often more complicated than simply deciding who was to blame.

Does being partly responsible mean I cannot claim?

No.

In some workplace accident claims, an injured employee may have contributed to the accident in some way but the employer may also have been at fault.

For example, imagine an employee is injured using machinery. The employer says the employee was not using the machine correctly.

That may be relevant. However, other questions may need to be considered:

• Was the employee properly trained?
• Were adequate instructions provided?
• Was the machinery properly maintained?
• Were appropriate guards fitted?
• Was the employee adequately supervised?
• Was there a safe system of work?
• Was the employee expected to work under excessive time pressure?
• Were appropriate risk assessments carried out?

The fact that an employee made a mistake does not necessarily mean that the employer has no responsibility.

What is contributory negligence?

If an employer is found to have been legally responsible for an accident but the injured employee also contributed to what happened, the court may find contributory negligence.

This does not necessarily prevent the employee from receiving compensation.

Instead, the compensation awarded may be reduced to reflect the employee’s share of responsibility.

For example, if a claimant was found to be 25% responsible for an accident, an award of £20,000 might be reduced by 25%, leaving £15,000.

The percentage is not automatically determined by the employer. It is a matter to be considered based on the evidence and the circumstances of the particular case.

“My employer told me I should have been more careful”

This is something injured employees are sometimes told after an accident.

Employees do have responsibilities in the workplace, and employers are entitled to expect employees to follow reasonable instructions and safety procedures.

However, employers also have significant responsibilities for the health and safety of their employees.

Depending on the circumstances, an employer may need to consider matters such as:

• appropriate training;
• supervision;
• safe systems of work;
• suitable equipment;
• maintenance of machinery;
• workplace conditions;
• risk assessments; and
• appropriate protective equipment.

Simply saying “you should have been more careful” does not necessarily answer the question of whether the employer was negligent.

What if I wasn’t wearing PPE?

This is another common concern.

If you were injured because you were not wearing appropriate personal protective equipment, your failure to use it may be relevant.

However, it is important to consider why you were not wearing it.

For example:

• Was PPE actually provided?
• Were you told that you had to wear it?
• Had you received appropriate training?
• Was the PPE suitable?
• Was it available when you needed it?
• Was the PPE defective?
• Were you discouraged from using it?
• Was the employer properly supervising compliance?

The circumstances matter.

An employer cannot necessarily avoid responsibility simply by pointing to an employee’s failure to wear PPE.

What if I broke a workplace rule?

You may still have a claim.

For example, suppose an employer has a rule that employees must use a particular piece of equipment in a particular way, but you did not follow the procedure and were injured.

The fact that you breached the rule will obviously need to be considered.

However, it may not be the end of the matter.

A solicitor may need to investigate why the rule was not followed and whether the employer had taken reasonable steps to ensure that employees understood and followed it.

Evidence of training, supervision, previous working practices and the circumstances surrounding the accident may all be relevant.

What if my employer says nobody else has ever been injured?

That does not necessarily mean that your employer was not responsible.

An accident does not have to have happened previously for an employer potentially to be responsible for it.

The important question is what caused your accident and whether your employer failed to take reasonable steps to protect you from the relevant risk.

What if there were no witnesses?

A lack of witnesses does not automatically prevent a claim.

Your own evidence about what happened may still be important.

There may also be other evidence, including:

• CCTV;
• photographs;
• accident book entries;
• incident reports;
• emails or WhatsApp messages;
• medical records;
• training records;
• risk assessments;
• machinery maintenance records; and
• evidence from colleagues who saw what happened immediately before or after the accident.

It is therefore worth preserving evidence as soon as possible.

What if my employer asks me to sign a statement saying the accident was my fault?

You should take care before signing anything that you do not fully understand or agree with.

If you are asked to sign a statement about the circumstances of an accident, make sure that it accurately reflects what happened.

You should not feel pressured to accept an account that you believe is inaccurate.

If there is a dispute about liability, you may wish to obtain independent legal advice before signing a detailed statement or making admissions about responsibility.

Can I claim if I am still working for my employer?

Yes. You do not have to leave your employment before making a claim for an accident at work.  However, it is an understandable concern, particularly where you work for a small company or have a good relationship with your employer.

An accident at work claim will normally be dealt with through the employer’s liability insurance arrangements.

If you are concerned about the effect of making a claim on your employment, explain those concerns when seeking legal advice.

What if my employer threatens to dismiss me?

If you have been injured at work and are worried that making a claim could affect your employment, it is sensible to obtain independent legal advice about your particular circumstances.

You should not allow fear of your employer’s reaction to stop you from seeking advice about an injury you have suffered.

Your solicitor can explain the legal position and help you understand your options.

What evidence can help prove who was responsible?

The stronger the evidence about what happened, the easier it may be to prove your claim.

Useful evidence can include:

Photographs

Take photographs of the accident location, machinery, equipment, hazards or anything else relevant to what happened, where it is safe to do so.

Witnesses

Make a note of the names and contact details of anyone who witnessed the accident or was present at the time.

Accident records

Ask for confirmation that the accident has been recorded and keep copies of any documentation you are given.

Medical evidence

Medical records can provide evidence of the injuries you suffered and may help establish the timing and circumstances of the injury.

Training records

Training records may help establish whether you were properly trained to carry out the work that you were doing.

Risk assessments

Risk assessments and method statements may be relevant to understanding whether appropriate precautions were considered.

CCTV

If the accident happened in an area covered by CCTV, the footage may be particularly important.

CCTV systems can overwrite footage relatively quickly, so it is important to raise the issue promptly.

Should I accept my employer’s version of events?

If you genuinely believe that your employer’s account is inaccurate, you should not assume that it is correct simply because your employer has said it is.

At the same time, you should be completely honest about what happened when seeking legal advice.

A solicitor needs to know the facts, including anything that might potentially count against you.

Trying to hide a mistake or exaggerate your account can seriously damage a claim.

The best approach is to provide an accurate and complete account of what happened and allow the evidence to be considered.

What happens if I was partly to blame?

The court may consider whether your own actions contributed to the accident.

However, this does not necessarily mean that you lose your claim altogether.

The important questions are:

Was your employer also legally responsible for what happened?

and

To what extent did your own actions contribute to the accident?

These questions depend on the individual facts and evidence.

Don’t assume that “it was your fault” means you have no claim

Workplace accidents can happen in complicated circumstances.

An employee may have made a mistake, failed to follow an instruction or acted in a way that contributed to an accident.

That does not automatically mean that the employer bears no responsibility.

Employers have their own legal responsibilities towards their employees, and the circumstances surrounding the accident need to be considered carefully.

If your employer has told you that the accident was your fault, it may therefore be worth obtaining independent legal advice before deciding that you have no claim.

Have you been injured at work?

At Porter Wood Law, we act for people who have suffered injuries in workplace accidents.

We understand that making a claim against your employer can feel daunting, particularly if you are still employed by the company or your employer has already suggested that the accident was your fault.

We will look at the circumstances of your accident, consider the available evidence and explain whether you may have a claim.