An employee worked for Employer X and subsequently for Employer Y. Both employers exposed the worker to excessive levels of noise, which was a breach of their duty of care towards the worker. As a result, the worker now suffers from industrial deafness caused by the excessive noise exposure. The worker takes legal action against employer Y. The court determined that both Employer X and Employer Y were responsible for contributing to the worker's injury. The court further determines that industrial deafness is a divisible injury, with 75% of it being caused by employer X and 25% by employer Y.
In relation to the amount of damages that can be recovered by the worker in a legal case, which of the following statements is correct?
An employee worked for Employer X and subsequently for Employer Y. Both employers exposed the worker to excessive levels of noise, which was a breach of their duty of care towards the worker. As a result, the worker now suffers from industrial deafness caused by the excessive noise exposure. The worker takes legal action against employer Y. The court determined that both Employer X and Employer Y were responsible for contributing to the worker's injury. The court further determines that industrial deafness is a divisible injury, with 75% of it being caused by employer X and 25% by employer Y.
In relation to the amount of damages that can be recovered by the worker in a legal case, which of the following statements is correct?
The worker is only entitled to recover 25% of his damages from employer Y.
(C) The worker is entitled to collect only 25% of his damages from employer Y. This is because the worker's injury is divisible, meaning that damages can be divided between employer X and employer Y based on their respective shares of responsibility for the injury. This means that each employer is only responsible for the share of the damage they caused.
Therefore, option (A) is incorrect.
Option (B) is also incorrect. Employer Y cannot seek a contribution from Employer X because a contribution can only apply where both employers are liable for the same damage. In the case of a divisible injury, the employers are only responsible for their respective shares of responsibility, as explained above.
Option (D) is also incorrect. Employer Y is only liable to pay damages to the worker for the share of the injury that Employer Y caused. There is no scope for employer Y to seek a contribution from employer X.
Option (E) is also incorrect. Since both employers are only liable to pay damages for the share of the injury they caused, the worker would need to pursue a claim against both employers to recover his damages in full.