Can I claim for a work injury if it was partly my fault?

By Chris Salmon | Updated: September 12, 2025

Yes. In most cases you can still make a work injury claim even if the accident was partly your fault. Workplace claims are treated differently to other types of personal injury claims because the law gives employees strong protection.

Why you can still claim

Duty of care: By law, all employers must take reasonable steps to keep their employees safe. This duty applies to everyone, regardless of how the accident happened.
Vicarious liability: Employers are legally responsible for the actions of their staff. This means your claim is against your employer, not a colleague or manager, even if their carelessness played a part. Employers’ liability insurance is in place to cover compensation.

How your actions are considered

If you made a mistake, acted carelessly, or failed to follow guidance, you can usually still claim. In rare situations, if your actions were completely outside the scope of your work, liability may not apply. A solicitor can advise if this is relevant in your case.

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Contributory negligence

If your own actions made your injuries worse, your compensation may be reduced. For example, if you failed to wear a hard hat on a building site and were injured by falling debris, you could still claim, but the amount awarded would be reduced to reflect your contribution to the injury.

Key point

Being partly at fault does not usually stop you from claiming. At worst, it may reduce the final award. The right to claim cannot be removed by disclaimers, warnings, or contract clauses.

External references

GOV.UK: Compensation after an accident or injury - official guidance on eligibility for compensation.
Citizens Advice: Personal injury compensation - explains how compensation works and the role of fault.
HSE: Health and Safety Executive - main portal for workplace health and safety law and employer duties.
Health and Safety at Work etc. Act 1974 - primary legislation setting out employer responsibilities for safety at work.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed September 2025 by Chris Salmon

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