This provision says certain workers can sue an employer for injury caused by defects or negligence, and it protects workers from losing recovery because they kept working, fellow-workers were negligent, or they were contributorily negligent.
RSNL1990 CHAPTER E-10 EMPLOYERS' LIABILITY ACT Amended: 1996 cR-10.1 s27; 2017 c10 s12; 2022 cW-11.1 s156 CHAPTER E-10 AN ACT RESPECTING THE LIABILITY OF EMPLOYERS FOR INJURIES TO WORKERS IN THEIR SERVICE Analysis 1. Short title 2. Rep. by 1996 cR-10.1 s27 3. Rep. by 1996 cR-10.1 s27 4. Rep. by 1996 cR-10.1 s27 5. Rep. by 1996 cR-10.1 s27 6. Rep. by 1996 cR-10.1 s27 7. Rep. by 1996 cR-10.1 s27 8. Rep. by 1996 cR-10.1 s27 9. Rep. by 1996 cR-10.1 s27 10. Application of sections 11, 12 and 13 11. Personal injury caused by defect or negligence 12. Contributory negligence 13. Damages Short title 1. This Act may be cited as the Employers' Liability Act. RSN1970 c110 s1 Back to Top Rep. by 1996 cR-10.1 s27 2. [Rep. by 1996 cR-10.1 s27] 1996 cR-10.1 s27 Back to Top Rep. by 1996 cR-10.1 s27 3. [Rep. by 1996 cR-10.1 s27] 1996 cR-10.1 s27 Back to Top Rep. by 1996 cR-10.1 s27 4. [Rep. by 1996 cR-10.1 s27] 1996 cR-10.1 s27 Back to Top Rep. by 1996 cR-10.1 s27 5. [Rep. by 1996 cR-10.1 s27] 1996 cR-10.1 s27 Back to Top Rep. by 1996 cR-10.1 s27 6. [Rep. by 1996 cR-10.1 s27] 1996 cR-10.1 s27 Back to Top Rep. by 1996 cR-10.1 s27 7. [Rep. by 1996 cR-10.1 s27] 1996 cR-10.1 s27 Back to Top Rep. by 1996 cR-10.1 s27 8. [Rep. by 1996 cR-10.1 s27] 1996 cR-10.1 s27 Back to Top Rep. by 1996 cR-10.1 s27 9. [Rep. by 1996 cR-10.1 s27] 1996 cR-10.1 s27 Back to Top Application of sections 11, 12 and 13 10. (1) Sections 11, 12 and 13 apply (a) to industries and workers excluded from coverage under the Workplace Health, Safety and Compensation Act, 2022, notwithstanding that they are casual workers; and (b) to outworkers and to persons whose employment is of a casual nature and who are employed otherwise than for the purpose of their employer's trade or business. (2) In this section "outworker" means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in his or her own home or on other premises not under the control or management of the person who gave out the articles or materials. (3) In sections 10 to 13 "worker" includes a domestic servant. 1983 c48 s116; 2017 c10 s12 ; 2022 cW-11.1 s156 Back to Top Personal injury caused by defect or negligence 11. (1) Where personal injury is caused to a worker by reason of a defect in the condition or arrangement of the ways, works, machinery, plant, buildings or premises connected with or intended for or used in the business of his or her employer or by reason of the negligence of his or her employer or a person in the service of his or her employer acting within the scope of his or her employment, the worker or, if the injury results in death, the legal personal representative of the worker and a person entitled in case of death have an action against the employer. (2) Where an action under subsection (1) is brought by the worker referred to in that subsection, he or she is entitled to recover from the employer referred to in that subsection the damages which the worker sustained by or in consequence of the injury caused to him or her. (3) Where an action under subsection (1) is brought by the legal personal representative of the worker referred to in that subsection or by or on behalf of persons entitled to damages under the Fatal Accidents Act , that representative or those persons are entitled to recover those damages that he, she or they are entitled to under that Act. (4) Where the execution of work is being carried into effect under a contract and the person for whom the work is done owns or supplies ways, works, machinery, plant, building or premises, and by reason of a defect in the condition or arrangement of them personal injury is caused to a worker employed by the contractor or by a subcontractor and the defect arose from the negligence of the person for whom the work or a part of it is done or of some person in his or her service and acting within the scope of his or her employment, the person for whom the work or that part of the work is done is liable to the action as if the worker had been employed by him or her and for that purpose is considered to be the employer of the worker within the meaning of this Act, but that contractor or subcontractor is liable to the action as if this subsection had not been enacted but not so that double damages are recoverable for the same injury. (5) Nothing in subsection (4) affects a right or liability of the person for whom the work is done and the contractor or subcontractor as between themselves. (6) A worker shall not by reason of his or her continuing in the employment of the employer with knowledge of the defect or negligence which caused his or her injury be considered to have voluntarily incurred the risk of the injury. 1983 c48 s116 Back to Top Contributory negligence 12. A worker is considered not to have undertaken the risks due to the negligence of his or her fellow-workers and contributory negligence on the part of a worker is not a bar to recovery by him or her or by a person entitled to damages under the Fatal Accidents Act in an action for the recovery of damages for an injury sustained by or causing the death of the worker while in the service of his or her employer for which the employer would otherwise have been liable. 1983 c48 s116 Back to Top Damages 13. Notwithstanding section 12, contributory negligence on the part of a worker shall be taken into account in assessing the damages in an action referred to in that section. 1983 c48 s116