87(1)When personal injury is caused to a worker by reason of any defect in the condition or arrangement of the ways, works, machinery, plant, buildings or premises connected with, intended for or used in the business of his employer or by reason of the negligence of his employer or any person in the service of his employer acting within the scope of his employment, the worker, or if the injury results in death, the legal personal representative of the worker, and any person entitled in case of death have a right of action against the employer, and if the action is brought by the worker he is entitled to recover from the employer the damages he sustained by or in consequence of the injury, and if the action is brought by the legal personal representative of the worker or by or on behalf of persons entitled to damages under the Fatal Accidents Act, they are entitled to recover such damages as they are entitled to under that Act.

87(2)Where the execution of any work is being carried into effect under a contract, and the person for whom the work is done owns or supplies any ways, works, machinery, plant, building or premises, and by reason of any defect in the condition or arrangement of them personal injury is caused to a worker employed by the contractor or by a sub-contractor, and the defect arose from the negligence of the person for whom the work or any part of it is done or of some person in his service and acting within the scope of his employment, the person for whom the work or that part of the work is done is liable to the action as if the workers had been employed by him, and for that purpose shall be deemed to be the employer of the worker within the meaning of this Act but any such contractor or sub-contractor 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.

87(3)Nothing in subsection (2) affects any right or liability of the person for whom the work is done and the contractor or sub-contractor as between themselves.

87(4)A worker shall not by reason only of his continuing in the employment of the employer with knowledge of the defect or negligence that caused his injury be deemed to have voluntarily incurred the risk of injury.

87(1)When personal injury is caused to a worker by reason of any defect in the condition or arrangement of the ways, works, machinery, plant, buildings or premises connected with, intended for or used in the business of his employer or by reason of the negligence of his employer or any person in the service of his employer acting within the scope of his employment, the worker, or if the injury results in death, the legal personal representative of the worker, and any person entitled in case of death have a right of action against the employer, and if the action is brought by the worker he is entitled to recover from the employer the damages he sustained by or in consequence of the injury, and if the action is brought by the legal personal representative of the worker or by or on behalf of persons entitled to damages under the Fatal Accidents Act, they are entitled to recover such damages as they are entitled to under that Act.

87(2)Where the execution of any work is being carried into effect under a contract, and the person for whom the work is done owns or supplies any ways, works, machinery, plant, building or premises, and by reason of any defect in the condition or arrangement of them personal injury is caused to a worker employed by the contractor or by a sub-contractor, and the defect arose from the negligence of the person for whom the work or any part of it is done or of some person in his service and acting within the scope of his employment, the person for whom the work or that part of the work is done is liable to the action as if the workers had been employed by him, and for that purpose shall be deemed to be the employer of the worker within the meaning of this Act but any such contractor or sub-contractor 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.

87(3)Nothing in subsection (2) affects any right or liability of the person for whom the work is done and the contractor or sub-contractor as between themselves.

87(4)A worker shall not by reason only of his continuing in the employment of the employer with knowledge of the defect or negligence that caused his injury be deemed to have voluntarily incurred the risk of injury.