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

Updated: 16 Oct, 2025
By Chris Salmon

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.

Find out how much
you could claim
  • Instant accurate calculation
  • Shows true cost of making a claim
  • Confirms your right to claim
Calculate my compensation

If you were partly at fault, you can still claim. Your compensation may be reduced, but not necessarily. Robust evidence will help, so write down what happened, keep photos and witness names, and speak to a solicitor ASAP.

John Kushnick

Legal Operations Director
National Accident Law

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.

Call now for free specialist advice

We'll put you straight through to an experienced work injury advisor:

  • Advice that's right for your case
  • Check if you can claim
  • No Win, No Fee explained clearly

If you decide to make a compensation claim, we'll connect you with the right solicitor.

Call 0800 218 2227 Open until 8pm
Call me back Choose a time

Work Accident Advice Centre (WAAC) a Claims Management Company regulated by the Financial Conduct Authority (Ref number: 835858). Registration is recorded on the FCA website https://register.fca.org.uk/. Calls are confidential and are handled by our partners at National Accident Helpline. Our privacy policy explains how we protect your data.

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 October 2025 by Chris Salmon