Section 20

It shall not be a defence to an employer, who is sued in respect of personal injuries caused by the negligence of a person employed by him, that

Fatal Accident and Personal Injuries 16

that person was, at the time the injuries were caused, in common employment with the person injured.

Any provision contained in a contract of service or apprenticeship or in an agreement collateral thereto (including a contract or agreement entered into before the commencement of this Part) shall be void in so far as it would have the effect of excluding or limiting any liability of the employer in respect of personal injuries caused to the person employed or apprenticed by the negligence of persons in common employment with him.

In this section, “personal injury” includes any disease and any impairment of a person’s physical or mental condition, and the expression

“injured” shall be construed accordingly.