Making an injury claim as a self-employed worker

If you are self-employed and have suffered an injury at work, you may still be entitled to make an accident at work compensation claim.

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self-employed accident at work

Can I make a work accident claim if I am self-employed?

If you are self-employed, you are generally responsible for your safety and working environment. Nonetheless, if you complete tasks for other people, in another workplace or with equipment belonging to someone else, liability for an accident at work could shift to a third party. In such cases, you may be eligible to make a compensation claim against your employer or the company you work for.

Self-employed workers can suffer various accidents while doing their job, such as slips, trips and falls, electrical shocks, machinery accidents and road traffic collisions. These can cause a wide range of injuries, from mild sprains and strains to severe fractures and head trauma.

While you may not be entitled to benefits such as sick pay during recovery, you can include any lost earnings in a self-employed accident at work claim.

To find out more about your rights as a self-employed worker or to see if you can start a claim, call 0800 470 0474 today or enter your details here to request a call back.

Find out if you can claim

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    What does it mean to be self-employed?

    Most people work as employees, meaning they work for an employer under an employment contract. Employees have extra employment rights that do not apply to the self-employed. These include Statutory Sick Pay (SSP), protection against unfair dismissal and Statutory Redundancy Pay.

    While there is no official definition, a person is self-employed if most of the following statements are true:

    • They run their business for themselves.
    • They take responsibility for their business’s success or failure.
    • They give quotes or put in bids to get work.
    • They work independently and not under direct supervision.
    • They issue invoices for the work they do.
    • They have the responsibility of paying their tax and National Insurance themselves.
    • They do not benefit from holiday and sick pay when not working.
    • They operate under contracts that use terms such as ‘consultant’, ‘self-employed’ or ‘independent contractor’.

    If most of these apply to you, this guide will explain how you can make a self-employed injury claim if you had an accident while doing your job.

    How does the law protect self-employed workers?

    If you are self-employed, you have the same legal rights as an employee when it comes to providing services from someone else. If you are working for an employer or on a company’s premises, the law is there to support you, and they are responsible for your safety. Their duties are stated by several legislations, such as:

    If the company you are doing work for has breached their duties towards you and you were injured, you might be eligible to make a self-employed accident at work claim.

    Am I eligible to make a self-employed accident claim?

    If you are self-employed and have suffered an injury at work, the easiest way to determine eligibility for compensation is through a free consultation with a legal adviser. To be able to make a claim, you must be able to prove that:

    • The defendant owed you a duty of care legally.
    • You had a workplace accident because the defendant was negligent.
    • You suffered injuries due to the accident.

    A duty of care will be established based on the legislation mentioned above. If there is sufficient evidence to prove a breach of duty and the injuries you sustained, an experienced solicitor will help you begin a claim on a no win no fee basis.

     Who would pay the compensation if I suffered an injury at work and am self-employed?

    An insurance company will pay most injury claims for an accident at work. Which party’s insurance will depend on the circumstances of your accident, but it could include any of the following:

    • Your employer
    • The company you work for
    • The local council
    • A private business owner
    • A business that provided you with faulty equipment
    • A product manufacturer or distributor
    • A retailer that sold you defective equipment

    In some cases, such as if you are assaulted at work or you were involved in a road traffic accident with an uninsured driver, your claim could be handled by the Criminal Injuries Compensation Authority (CICA) or the Motor Insurer’ Bureau (MIB).

    What types of negligence could lead to a self-employed accident at work?

    Self-employed workers are not always afforded the same benefits as employed counterparts and, as such, can be vulnerable if they suffer a workplace injury. While they may not be entitled to benefits such as sick pay, self-employed workers can still claim compensation from their employer where appropriate.

    Examples of negligence that could lead to a self-employed injury claim include:

    • Lack of proper equipment to carry out your job;
    • Being given faulty equipment to do your job;
    • A lack of risk assessments to identify potential hazards that could cause accidents and injuries;
    • Not receiving adequate personal protective equipment (PPE) to keep you safe from known hazards, such as hearing protection, safety goggles or hard hats;
    • Insufficient or no training provided before starting the job;
    • Poor maintenance of the workplace, leading to accidents such as slips, trips and falls;
    • A lack of proper rest breaks leading to burnout, tiredness and overexertion;
    • Being exposed to dangerous substances or chemicals.

    What types of accidents can self-employed workers claim compensation for?

    Self-employed people can claim compensation for a wide range of accidents resulting from negligence or unsafe conditions, such as:

    Common injuries suffered by self-employed workers

    Like any other worker, you can suffer a wide range of injuries in an accident at work when self-employed. These include, but are not limited to:

    • Cuts and lacerations from handling sharp tools, materials or machinery;
    • Broken bones and dislocations from slips, trips, falls, or accidents involving machinery or vehicles;
    • Burns and scalds from working with hot equipment, chemicals or handling hot food and beverages;
    • Sprains and strains from falls, sudden movements or lifting heavy objects;
    • Back injuries from falls from heights, heavy lifting, poor posture or car accidents;
    • Head injuries from falls, being struck by falling objects, or accidents with machinery;
    • Repetitive strain injuries from repeated motions or tasks, such as typing, using tools, or operating machinery;
    • Amputations from severe machinery accidents, crush injuries or electrical shocks;
    • Respiratory issues from exposure to dust, fumes or chemicals.

    Whatever type of injury you suffered, please get in touch if you want to find out whether you have a valid self-employed accident claim.

    How do I make a self-employed injury claim?

    Making an injury compensation claim for an accident as a self-employed worker follows the same process as any other claim. After a free consultation with an experienced legal adviser, you will be paired with a personal injury solicitor who is right for your case. They will help you gather the necessary evidence to support your claim, as detailed below.

    Once your injuries are fully assessed and your solicitor has worked out your compensation award, they will send a claim notification form to the other party. If they admit fault, you can begin to negotiate a settlement.

    If liability for the accident is contested, your injury lawyer will be prepared to issue court proceedings and take your case to trial if necessary. That is rarely the case, as more than 96% of all claims are settled without going to court. If your claim is successful, you should receive your payment within four weeks.

    What evidence do I need to support my claim if I’m self-employed and injured at work?

    If you’re self-employed and you are eligible to claim compensation for a workplace accident that wasn’t your fault, you will need various types of proof to support your claim, such as:

    • Photographs of the accident scene and your injuries, taken before anything is moved or repaired;
    • A copy of any relevant CCTV footage of your accident or incident;
    • Your medical records, such as doctor’s notes, diagnostic tests and treatment plans;
    • An independent report from a specialist regarding your prognosis and future care needs;
    • Statements from witnesses who saw how the accident occurred and how you were injured;
    • A copy of an accident report filed with the responsible party;
    • Your testimony regarding the incident and how it has affected your life;
    • You will also need to keep any receipts related to out-of-pocket expenses and other financial records.

    Your solicitor will help you gather the relevant evidence to make a strong claim and guide you through the case from start to finish to achieve the highest possible compensation award.

    Am I entitled to benefits if I cannot work due to my injuries?

    Unfortunately, if you are self-employed and unable to work due to injury or illness, you cannot claim Statutory Sick Pay (SSP) from your employer. However, you might qualify for other benefits such as Universal Credit or Employment and Support Allowance (ESA).

    • Universal Credit is a monthly payment based on age and whether you live with a partner. To qualify, you must have £16,000 or less in money, savings and investments.
    • Employment and Support Allowance (ESA) is the most common form of income support for those injured as self-employed workers. To qualify, you must have paid enough National Insurance contributions, typically in the last two to three years. While your application is assessed, you will receive payments of up to £59.20 per week if you are under 25 and up to £74.70 per week if you are 25 and over for up to 13 weeks. If approved, you will receive up to £74.70 (if under 25) or up to £114.10 (if 25 or over) per week.

    If you also make a successful self-employed accident at work claim, your solicitor can help you set up a personal injury trust so that your compensation award will not affect your benefits.

    Is there a time limit to start a personal injury claim?

    If self-employed and injured at work, you have three years to make a claim, starting from the accident date. Alternatively, the time could start to run from when you became aware of your injuries and that they are due to someone else’s negligence.

    Under the Limitation Act 1980, there are some exceptions that may apply to this rule:

    • If someone under 18 is injured in an accident at work, the three-year time limit will only begin on their 18th birthday.
    • If the injured person cannot handle a claim due to a severe brain injury or another condition that affects their mental capacity, the time limit is suspended until they recover. In such cases, a litigation friend may be able to make a claim on their behalf at any time.
    • If you lost a loved one due to a fatal work injury, you could claim compensation within three years of their death.
    • You have two years to claim through the CICA if you were the victim of an assault at work.

    How much compensation can I claim if I’m injured as a self-employed worker?

    The amount of compensation you could receive for your work accident will depend on two types of losses included in your claim:

    • General damages refer to the subjective impact of your injury or illness on your life. This will take into account physical and mental pain, loss of amenities, disability and reduced quality of life.
    • Special damages are awarded for financial losses and expenses resulting from your injuries. These could include the costs of private treatment, the impact on earning potential, care costs, and travel expenses for medical appointments.

    Special damages are calculated from evidence such as receipts and medical bills. General damages, on the other hand, are based on the guidelines from the Judicial College. According to our compensation calculator, they could range from a few hundred pounds for a minor injury such as mild whiplash to upwards of £450,000 for a very severe brain injury.

    Can I make an accident at work claim on a no win no fee basis?

    If you have a valid self-employed accident claim, the solicitors we work with will not ask for any upfront fees to work on your case. They will offer you a no win no fee agreement, which means you do not risk losing a single penny if your claim is unsuccessful.

    Here is how this arrangement works:

    • If you win the claim for a self-employed accident, your solicitor will receive a success fee. This fee will be deducted from your compensation award and is capped at 25% of your past financial losses and general damages.
    • If you lose the claim for compensation, you do not have to pay them a single penny. That will give you peace of mind and ensure that your solicitor will work with dedication to win the case.

    Furthermore, you can also take out After the Event (ATE) insurance, which will cover all the litigation costs if your case fails, including the defendant’s.

    To learn more about how you could claim compensation for an injury at work if you are self-employed, get in touch with a legal adviser today by calling 0800 470 0474 or using our online claim form. They will offer you a free consultation with no pressure or obligation to go ahead with a claim.