ABSTRACT
This chapter provides an understanding of how the law operates in considering claims for compensation for industrial injury and answers the more important legal questions arising from the relevant claim. There is in English common law no general rule governing compensation in cases of industrial injury. It is not, for instance, possible to conclude that compensation must be available once there has been an injury at work. At common law compensation is only obtained when someone can be shown to have been at fault in creating the situation which led to the injury. Many injured persons would, therefore, be without any form of compensation were it not for the system of National Insurance benefits which provides standard compensation for industrial injuries from a central fund irrespective of any question of fault. The injured workman may claim both at common law and under the national insurance scheme.
