The Civil Law
The employer can face claims for compensation in the civil Courts. Compensation is awarded against the employer where employees or other claimants prove that the employer has a legal liability to pay damages for personal injury due to his:
- breach of statutory duty;
- strict liability;
- breach of contract.
The employer can be liable in negligence if it is proved that he breached a common law duty of care towards claimants. A contravention of the Health and Safety at Work Act or the Management Regulations can in some cases be evidence of a breach of a common law duty of care.
The employer can be liable for breach of statutory duty if it is proved that he contravened any other health and safety legislation, such as a regulatory requirement relating to workplaces, exposure to substances, etc.
The employer can have a strict liability if an employee proves that his or her injury was due to a defect in work equipment provided by the employer, whether or not the defect was due to the employer's negligence.
The employer can be liable in contract if a self-employed contractor proves that his or her injury was due to the employer's breach of a contract between them.