How does an injured employee show that their employer was negligent?
If an employee is injured at work, they 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.