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The Telegraph's legal expert, Solicitor Advocate Frank Maguire of Thompsons Solicitors is an expert in employment law and personal injury cases. This week he explains how you might still have a case for compensation, even if the accident that caused your injuries was your own fault.

There are many instances involving accidents where it might be said from a common sense viewpoint that the accident was all the fault of one party but in fact, in law, the position is something entirely different.

Through our membership of the European Community, which holds Health & Safety in very high esteem, we have very strict laws to ensure that workplaces are safe.

In certain circumstances those regulations place an absolute duty on an employer. This means that if there is an accident at work in a situation which is covered by the legislation, the employer is legally to blame, and therefore legally obliged to make a payment of compensation, no matter what anyone thinks the position might be from a common sense or any other perspective.

Take work equipment for example. If an accident arises from faulty piece of work equipment then the injured party will be entitled to compensation no matter how they may have acted at the time of the accident.

Then there is what the legislation calls "dangerous parts of machinery". That is, a saw blade or the like. An employer must at all times guard such dangerous parts of machinery. If they do not, for whatever reason, and no matter what the conduct of the employee, the employer is legally at fault.

So, if you have had an accident and you are thinking "its all my fault" it may be that nothing could be further from the truth.

My advice is therefore always speak to a lawyer just to check. It won't take long and you may be surprised by the result.

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