If you have been injured at work or in a public place in Jersey, you may have a workplace negligence or public liability claim. Claims carry a strict time limit, so it helps to take advice early.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in workplace and public liability injury claims.
Send us an enquiry about your claim. solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
The time limit: three years from when the claim arose
Injury claims based on negligence are claims in tort, and the time limit for them comes from Article 2 of the Law Reform (Miscellaneous Provisions) (Jersey) Law 1960. An action founded on tort must be brought within 3 years from the date on which the cause of action accrued.
Article 2(2) preserves any rule of law that allows the period to be extended. Whether an extension applies depends on the facts, so do not plan around one. Article 2(4) says the 3-year rule gives way where another enactment sets its own period for a particular kind of claim.
Jersey law calls this time limit a period of prescription.
What the Health and Safety Law says about employers, and what it does not
Under Article 3 of the Health and Safety at Work (Jersey) Law 1989, every employer must ensure, so far as reasonably practicable, the health, safety and welfare at work of all its employees. Article 5 extends similar duties to people who are not employees but may be affected by the work, such as visitors and members of the public.
There is a point many people miss. Article 26(1)(a) says nothing in the Law gives a right to bring civil proceedings for failing to comply with those general duties. A breach of those general duties cannot, by itself, be the basis of a civil claim. Under Article 26(2), however, a breach of health and safety Regulations is actionable so far as it causes damage, unless the Regulations say otherwise.
Employers' liability insurance
Every employer carrying on business in Jersey must hold insurance against liability for bodily injury or disease suffered by its employees. The requirement is in Article 2 of the Employers' Liability (Compulsory Insurance) (Jersey) Law 1973. Article 4 requires employers to display copies of the insurance certificate for employees to see. Noting the insurer's name from that certificate early can save time.
Reporting the accident and keeping records
Jersey has no legal requirement for employers to record workplace accidents or report them to the Health and Safety Inspectorate. gov.je recommends keeping records anyway, and the Inspectorate supplies free accident record books.
Anyone can report a workplace accident or dangerous occurrence to the Inspectorate, including the injured employee or a member of the public (gov.je accident reporting). The Inspectorate does not investigate every report. It weighs the severity of the injury, the chance of a repeat and the employer's safety record.
Information gathered in an Inspectorate investigation is restricted. Factual information can be released to parties in legal proceedings only in limited circumstances, so keep your own evidence.
When you were partly at fault, or more than one party was
The 1960 Law also deals with two situations common in accident claims. Article 3 covers proceedings against, and contribution between, people jointly responsible for the same harm. Article 4 provides for apportionment of liability where the injured person's own negligence contributed. Together they govern how responsibility for the damages is shared.
What to gather now
- The date, time and exact location of the accident, with photographs of the scene and any defect.
- Names and contact details of witnesses.
- Medical records from the first attendance onwards.
- Your employer's insurance details, if it happened at work.
- A note of any report made to your employer, the occupier of the premises or the Inspectorate.
- Records of lost earnings and expenses.
solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Accidents in Public & Workplaces Asked Questions
Who is held responsible if I am injured in a public space in Jersey?
Liability depends on who controlled the place or activity that caused the injury, which may be a parish, the Government of Jersey, a business or a private owner. An Advocate who handles public liability claims can advise on who is liable and on proving a breach of duty.
Is there a strict time limit for bringing a public or workplace injury claim in Jersey?
Under Article 2 of the Law Reform (Miscellaneous Provisions) (Jersey) Law 1960, a claim in tort must be brought within 3 years from the date the cause of action accrued, subject to any rule of law allowing that period to be extended. Taking advice early helps you avoid missing the deadline and losing the right to claim compensation.
What should I do immediately after an accident in a Jersey workplace?
Ask for the accident to be recorded (many employers keep an accident record book, although Jersey law does not require one), report it to the Health and Safety Inspectorate if you wish, and obtain your medical records. Keeping your documents together early helps protect your evidence. You can also send us an enquiry and we will point you towards Jersey firms that work in this area.
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