How does an injured employee show that his or her employer was negligent?
If an employee is injured at work, he or she may be able to claim compensation from the employer through a personal injury claim in the civil courts. The employee will need to prove, on the balance of probabilities, that the employer was negligent. This is achieved by a detailed comparison of what a reasonable and prudent employer should have done to protect the employee with what the employer actually did or did not do. If the employer falls below the standard of a reasonable and prudent employer, it will have breached the duty of care owed.