What is 'contributory negligence'?

By Chris Salmon | Updated: September 27, 2025

It is not always clear who is responsible for an accident. Sometimes an injured employee may have been partly responsible for their own injuries. Contributory negligence describes a situation where an injured person contributed to the cause of their accident or to the seriousness of their injuries.

Even if you were partly at fault, you may still be able to claim compensation.

At a glance

Contributory negligence applies when an injured person was partly responsible for their accident or injuries.
Contributory negligence can reduce compensation in proportion to the claimant’s responsibility, as set out in the Law Reform (Contributory Negligence) Act 1945 (Source: legislation.gov.uk)
Compensation is reduced by the percentage of blame attributed to the claimant.
Failing to wear PPE or ignoring safety instructions can lead to reduced awards.
Courts apportion blame under the Law Reform (Contributory Negligence) Act 1945.
Most contributory negligence cases are settled by split liability agreements out of court.

When does contributory negligence apply?

A common example is when a passenger is injured in a road accident while not wearing a seatbelt. Although the accident may not have been their fault, their failure to wear a seatbelt may have made the injuries worse.

In this case, compensation would be reduced to reflect the lesser injuries they would have suffered if the seatbelt had been worn.

Compensation is usually reduced

Contributory negligence can also apply if the accident was caused by both parties. If blame is split equally, for example, the injured person might only receive 50% of the compensation they would otherwise have received.

What if I wasn't using PPE?

Employees are expected to take reasonable care for their own safety, which includes using any Personal Protective Equipment (PPE) provided by their employer. If you refuse to use PPE or ignore safety instructions, this could reduce your compensation.

Example:

If you fall from a ladder and your employer failed to provide PPE, your employer would be fully liable. However, if PPE was provided but you chose not to wear it, and this worsened your injuries, the employer could argue contributory negligence. A court might decide the employer was 80% responsible and you were 20% responsible, so your award would be reduced by 20%.

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How do the courts apportion blame?

The courts are generally cautious about placing too much blame on employees. Health and safety laws are designed to protect workers from their own mistakes as well as their employer’s negligence.

Under the Law Reform (Contributory Negligence) Act 1945, judges must reduce damages only to the extent that is “just and equitable”. Factors such as your age, experience, training and conduct are taken into account.

Does contributory negligence have to be decided by the courts?

No. Most cases are settled out of court. If both sides agree that blame should be shared, they may reach a split liability agreement. This agreement sets the percentage of blame, and your compensation will then be reduced accordingly.

External references

Law Reform (Contributory Negligence) Act 1945 - defines contributory negligence and how courts apportion liability when the claimant shares fault.
GOV.UK: Compensation after an accident or injury - explains the claims process, including how contributory negligence impacts compensation amounts.
Acas: Advice on employment law - provides guidance on workplace safety and employer duties, relevant to determining liability in contributory negligence cases.
Compensation Act 2006 - outlines factors courts consider in negligence claims, including contributory negligence principles.

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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