If my employee sustains a work-related injury that was partly caused by his/her own negligence and partly my fault, would the compensation be reduced? If so, how would the percentage or level of such a reduction be determined?

Yes. If an employee is injured partly through your fault and partly through their own carelessness, the law can reduce their compensation to reflect their share of responsibility. This is called contributory negligence, and it is a common feature of workplace injury claims in England and Wales. Here is how it works.

What contributory negligence means

Where a person is injured partly because of someone else's fault and partly because of their own failure to take reasonable care for their own safety, the Law Reform (Contributory Negligence) Act 1945 allows the court to reduce their damages. The reduction is by the extent the court thinks is "just and equitable", having regard to the claimant's share of responsibility for the damage.

So the employee can still recover compensation, but it is discounted by a percentage reflecting their own contribution to the injury.

How the percentage is decided

The court weighs two main factors when fixing the reduction:

• Blameworthiness, how careless was each party? An employer's breach of a clear safety duty may weigh more heavily than a momentary lapse by an employee.
• Causative potency, how much did each party's conduct actually cause the injury?

There is no fixed tariff; the court looks at the facts. Reductions commonly range from modest (say 10–25%) up to substantial figures in clear cases. In some situations a finding of 100% contributory negligence is not generally available, there must be some reduction left for the defendant's fault if they are liable at all.

Examples in the workplace

• An employee who ignores clear safety instructions or fails to use provided protective equipment may have their damages reduced.
• But courts also recognise that employers must account for human error and inattention in the workplace, so a minor lapse by an employee will not necessarily lead to a large reduction, especially where the employer failed to provide a safe system of work in the first place.

The classic illustration outside work is the seatbelt line of cases, where failing to wear a seatbelt typically reduces damages by a set percentage.

What this means for employers

• A claim is not "all or nothing", even if you are partly liable, the employee's own carelessness can reduce what is payable.
• But you cannot rely on contributory negligence to escape your core duties: providing a safe workplace, equipment, system of work, training and supervision.
• Your insurer and solicitor will assess and argue the appropriate reduction as part of handling the claim.

Key takeaways

• If an employee is partly to blame for their injury, damages can be reduced for contributory negligence (Law Reform (Contributory Negligence) Act 1945).
• The reduction is the "just and equitable" percentage reflecting the employee's share of responsibility.
• Courts weigh blameworthiness and causative potency; there is no fixed tariff.
• Contributory negligence reduces, but does not remove, your duty to provide a safe workplace.

Sources

• Law Reform (Contributory Negligence) Act 1945, section 1 (apportionment of liability)
• Case law on apportionment (blameworthiness and causative potency), including seatbelt cases
• Employers' duties in negligence and for a safe system of work

--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.