Abstract
The liability of an employer, including an employing health authority, to an injured employee is to be found in both common law and statute. This chapter addresses both sources of such liability and examines the grounds on which compensation may be awarded for injury at work, not only against a negligent employer, but also against other employees, from social security sickness benefits and from the Criminal Injuries Compensation Board. Furthermore, wherever a statute or regulations impose duties on an employer and provide criminal penalties (such as a fine) for the breach of such duties, there may in certain cases be an additional civil liability (individual action for damages) in favour of a person injured by the breach of duty. In all such cases, proof by the defendant of contributory negligence on the part of the person injured is no bar to compensation in any of these cases, though it may reduce the damages awarded in respect of breach of a common law duty, or in breach of a statutory duty causing personal injury to an employee.
Published Version
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