Standard Conditions That Must Be Met For An Employer to Prove & General Defences Available to An Employer

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Standard Conditions That Must Be Met For An Employer to Prove & General Defenses Available to An Employer 

Answers Of Following Series Of Questions Will Be Covered In this Topic.

  • Give the Meaning Of Term “Negligence”?
  • Define Negligence
  • Outline the Three Standard Conditions That Must Be Met For An Employee to Prove a Case Of Negligence Against An Employer



  • Outline the Three Standard Conditions that are Usually Required to Be Met to Prove a Case Of Negligence Against An Employer?
  • Outline the Ways, An Employer May Defend Himself In Case Of Negligence?

Now, Let’s Discuss All the Topics One By One.

Give the Meaning Of Term “Negligence”? Or Define Negligence?
“Negligence”

Negligence may be referred as ‘carelessness’ when someone uses it in general talk. But in health and safety and with respect to civil system ‘Negligence’ becomes technical terms.



NEBOSH asks series of questions from the topic Negligence. Following are the questions that can be expected:

  • Give the Meaning Of Term “Negligence”?
  • Define Negligence
  • Outline the Three Standard Conditions That Must Be Met For An Employee to Prove a Case Of Negligence Against An Employer
  • Outline the Three Standard Conditions that are Usually Required to Be Met to Prove a Case Of Negligence Against An Employer?
  • Outline the Ways, An Employer May Defend Himself In Case Of Negligence?

Now Coming towards the Standard Definitions of Negligence.



Negligence is a tort, misconduct or civil wrong done by one party (individual or company) causing damage or harm to other parties(individual or company) due to breaching the legal duty of care resulting in a civil claim for compensatory payment for the affected party.

Three Standard Conditions That Must Be Met For An Employee To Prove A Case Of Negligence Against An Employer.

Three Conditions Must be Met to Prove the Negligence of EmployerThe duty of care was owed by the employer (i.e. accident occurred in working hour or while at work);

  1. The duty of care was owed by the employer (i.e. accident occurred in working hour or while at work); The employer breached the duty of care;
  2. The employer breached the duty of care; The breach discussed above caused the loss, damage, injury or harm.
  3. The breach discussed above caused the loss, damage, injury or harm.
Here the question comes in mind that WHAT IS ‘DUTY OF CARE’?



Remember in context of Health & Safety, the employer has a duty of care towards employees that means its moral and legal duty of every employer to take care of health, safety, and well-being of all employees.

Employer has a right to defend his negligence if any of the following conditions can be proved

  • Duty of care was not owned by the employer; it can be proved if accident didn’t occur during course of employment
  • Employer did not breach the duty of care; as if the accident was not reasonably foreseeable or employer did whatever was reasonably practicable
  • if the claimed loss, injury or damage did not happen actually or was not caused by the presented breach
  • the employee voluntarily accepted the risk after being informed; In this case, the employer also needs to prove that all reasonably practicable controls were applied
  • The case is out of time

Sometimes Negligence can be from both sides(employee & employer) and such a negligence is referred to as ‘Contributory Negligence’. As a result affected claimant got compensation with reduced proportion.

In some countries to meet this civil claim, the employer is required to take out Employers Liability Insurance.

Employers Liability Insurance is an insurance policy that covers employer’s liabilities cost as a result of being used by the employees in civil courts for the injuries, damage or harm caused by their work.



There are several benefits associated with Employers Liability Insurance, some of them are as follows

  • In most of the countries, it meets legal requirement
  • It meets the employer’s civil cost
  • It provides comfort to workers that in case of any mishap employer is insured to compensate them or their families financially
  • Right of victim can be protected as without insurance employer may not able to meet civil claim
  • Employer try to reduce the premium by improving existing health and safety standards

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