Contributory negligence and multiple compensators
Contributory negligence and multiple compensators

The following Personal Injury guidance note provides comprehensive and up to date legal information covering:

  • Contributory negligence and multiple compensators
  • Contributory negligence
  • Multiple compensators

Contributory negligence

Recoverable benefits

Any deductions for contributory negligence should be determined before assessing the amount of the compensation payment.

The compensator is not entitled to reduce the level of benefits owed to the Department for Work and Pensions (DWP).

This is in line with one of the main principles behind the Social Security (Recovery of Benefits) Act 1997 (SS(RB)A 1997), that in assessing damages in respect of any accident, injury or disease, the amount of any listed benefits paid or likely to be paid is to be disregarded.

Therefore, if a claimant is claiming £5,000 worth of loss of earnings and has accrued £3,000 of Incapacity Benefit as a result of their accident, for which they are found to be 50% to blame, the compensator cannot reduce the level of benefits