What is contributory negligence in a work accident claim?
Your own actions or omissions contributed to the accident or its severity; assessed as a percentage; compensation reduced accordingly
How is the percentage decided?
Expert evidence; comparison of respective fault; employer's breach weighed against claimant's departure from reasonable care; factors: training provided, rule in place, claimant's experience, nature of risk
Common situations where contributory negligence is raised
Not wearing available PPE; operating machinery incorrectly despite training; ignoring a clear safety instruction; rushing to complete a task; horseplay; working under the influence of substances
Is contributory negligence the same as volenti (voluntary assumption of risk)?
No — volenti is a complete defence; very rarely succeeds in employment cases — ICI v Shatwell [1965]; contributory negligence is much more common and partial
Typical reductions in work accident cases
0–15% for minor procedural failures; 25–33% for more significant departures; above 50% rare where employer clearly in breach
Related questions
Can I still claim if I was partly to blame?
Yes. Contributory negligence reduces your award — it does not bar your claim entirely.
What if my employer says I was 100% to blame?
This is a denial of liability, not contributory negligence. Your solicitor will challenge it through evidence and expert opinion.
Can you claim? Find out in four quick steps.
Enquiries may be referred to SRA-regulated UK solicitor firms where appropriate. No win, no fee is subject to solicitor assessment of your individual case.
0800 000 0000Where did the accident happen?
Pick the setting closest to your situation.
Sources
- Law Reform (Contributory Negligence) Act 1945
- ICI Ltd v Shatwell [1965] AC 656
- JCG 17th edition
This answer is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.