ABSTRACT

The principle that an injured or sick worker unable to earn a full wage should receive financial support has been recognised in the United Kingdom since 1837. In that year, the first case was recorded of a servant suing his employer (Priestley -v- Fowler (1835–1842) AER Rep 449) – he lost, and in so doing established the doctrine of common employment. This stated that an employer could not be held liable to his servant for an injury caused by the negligence of a fellow servant with whom he was engaged in common employment. The case was supported by later decisions, and the doctrine was not abolished until 1948 by the Law Reform (Personal Injuries) Act.