Scottish courts continue to take workplace safety seriously, but recent decisions confirm that accidents at work claims are decided on the individual facts of each case.
While the legal principles are well established, courts regularly rely on both recent and long standing cases to decide where responsibility lies, whether an employer failed in their duties, and how compensation should be assessed.
If you have suffered an injury at work, it is important to understand where you stand. Our specialist solicitors can assess your situation and advise on your options.
Call 0800 988 8082 or complete our online contact form to get clear, practical guidance today.
Will my employer be responsible for my accident?
A common misconception is that suffering an accident at work automatically results in compensation. Scottish courts have repeatedly made clear that this is not the case. To be successful, an injured employee must show that their employer failed to take reasonable steps to protect them from foreseeable risk.
That was highlighted in NM v Henderson [2024], where the Court of Session considered the limits of an employer’s responsibility for the actions of an employee.
The court confirmed that liability only arises where there is a close connection between the employees’ job and the act that caused the injury. Simply being at work is not enough. What is important is how the work was organised and supervised in practice.
This decision is consistent with earlier authority, including Lister v Hesley Hall Ltd [2002], which established the modern test for vicarious liability. Despite its age, the case continues to guide Scottish courts in deciding whether an injury can be properly classed as work-related.
Risk assessments and preventative steps
Courts attach significant importance to proper risk assessments. In Kennedy v Cordia (Services) LLP [2016], the Supreme Court confirmed that employers must carry out suitable and sufficient risk assessments and take reasonable precautions, even where accidents are relatively uncommon.
This case is still frequently relied upon in cases involving slips, trips, manual handling injuries and outdoor working conditions. Where risk is foreseeable and prevention is straightforward, employers are expected to act.
Safe systems of work
Having written policies or training documents is not enough on its own. Scottish courts will look closely at whether safe systems of work were actually followed.
In Taylor v City of Glasgow Council [2002], the court confirmed that employers must ensure safety procedures operate effectively day to day.
A similar approach was taken in Allison v London Underground Ltd [2008], where the court on how work was carried out in practice, not just on paper.
Causation – proving the injury was caused by the breach
Causation is often the most disputed issue in workplace claims. Scottish courts continue to rely on established principles, including in Bonnington Castings Ltd v Wardlaw [1956], which confirmed that an employer can be liable where their breach made a material contribution to the injury.
In cases where certain is difficult, such as exposure or workplace illness claims, McGhee v National Coal Board [1973] shows that materially increasing the risk of injury, may be enough to establish liability.
Contributory negligence
If an employee is partly at fault, this does not usually defeat a claim. Instead, damages may be reduced.
The leading case Jackson v Murray [2015] confirms that courts must look at both blame and the real impact of each party’s actions.
What this means for injured employees
Overall, Scottish courts take a balanced approach. Employers are not responsible for every accident, but they must take reasonable steps to keep employees safe. Claims are assessed on evidence, not assumption and even older cases remain highly relevant.
If you have been injured at work and would like advice on your rights and options, specialist legal advice at an early stage can make all the difference.
Can I claim compensation for any workplace accident?
No. You must show your employer failed to take reasonable steps to prevent the injury.
What if the accident was partly my fault?
You may still claim, but your compensation could be reduced.
How do I prove my employer was responsible?
Evidence such as risk assessments, training records and witness statements can help.
Is there a time limit for making a claim?
Yes. Most claims must be made within three years of the accident.
What if my injury developed over time?
You may still claim if you can link the condition to your work environment.
Do I need a solicitor for a workplace injury claim?
Legal advice helps ensure your claim is properly assessed and supported.
Contact our workplace injury lawyers in Scotland
If you believe your employer failed to protect your safety, our experienced team is here to help. We provide straightforward advice tailored to your circumstances and will guide you through every stage of your claim.
Call 0800 988 8082 or complete our online contact form to arrange a confidential consultation and take the first step towards securing the compensation you deserve.
