Civil Law - Health & Safety (H&S) Management

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:

  • negligence;
  • 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.

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