Causal link and succeeding in a claim

As strict liability has now been removed for employer’s liability claims. In order to succeed in bringing a claim against employers, it must be shown that not only did the failures amount to a breach of duty, but this breach directly resulted in injury. In cases involving PPE, this can be established by demonstrating that a failure to provide PPE and/or adequate training on PPE resulted in injury. Additionally, if it can be shown that an employer has not done what is reasonably practical in the circumstances to alleviate risk to their employees and this has caused harm, then this is likely sufficient to establish a claim.