Posted By Tracey Thompson
Hi

Could anyone direct me to where I can find the definition of an 'Industrial Injury' or whether anyone knows what this is (if there is one) and can offer this definition.

I have been asked this question by my personnel department who are concerned that whilst their understanding of this is an injury someone sustains as a result of a failure of duty of care by their employer whilst carrying out their normal duties, they wish to reduce claims against them from employees who are themselves negligent or who have accidents through no fault of the employer. Currently such injuries are defined through occupational health, an external body to this organisation but should personnel be playing a role in determining this themselves? In short, if an employee sustains an injury at work through their own negligence, whilst carrying out their duties but evidence shows that they was made fully aware of company policy and procedure, can they still claim compensation as an industrial injury?

Posted By Dave Wilson
As I read it the answer is yes they can.

Any claim can be reduced by the court by a certain % but that reduction would be how much the individual contributed to his own injury - its called 'Contributory Negligence'.

The point being the employer is still 'Liable'