Advice On Claiming For An Accident At Work While Self Employed
Find out when you can claim for an accident at work while self employed and how we could help.
£85 million in compensation
Advice On Claiming For An Accident At Work While Self Employed
Find out when you can claim for an accident at work while self employed and how we could help.
Can I Claim For An Accident At Work If I’m Self Employed?
If you experienced an accident at work while self-employed, you may wonder how a compensation claim would work. Typically, workplace accident claims are made against an employer. However, there are health and safety laws in place that protect your well-being, even while self-employed. This means that you could have a legal right to claim compensation if the appropriate measures were not carried out.
Read our guide to understand the eligibility criteria for making a claim of this nature and the factors that may impact your potential compensation.
Additionally, we outline when another party is liable for an accident at work while self-employed and whether making a claim poses any threat to your employment. Furthermore, you can read about what steps you need to take to begin the process.
Finally, find out about the excellent services our solicitors offer on a No Win No Fee basis. This is a common type of agreement that gives people the opportunity to hire legal representation without paying exorbitant fees. You can reach out to our team of advisors at any time to find out if a JF Law solicitor could help you to take your case forward. This also gives you the chance to raise any queries you have about the process, free of charge.
- Call our team on 0151 375 9916
- Submit an online contact form
Can I Claim For An Accident At Work If Self Employed?
You can claim for an accident at work if self-employed under the following circumstances:
- A party must have owed you a duty of care
- They must have failed to meet their duty
- This meant that you suffered physical or psychological harm
The duty of care refers to a party’s requirement to act in accordance with health and safety laws. Keep reading to find out how this applies to self-employed workers. You can also contact our advisors to discuss your case.
Am I Protected Under Law As A Self-Employed Worker?
As a self-employed worker, you are protected by the law. For example, the Health and Safety at Work etc Act 1974 (HASAWA) outlines the need for an employer to take reasonable steps to ensure the safety of their workers.
Under section 4 of HASAWA, the requirements of this act applies to those who do not directly work for the employer but use the premises as their place of work. For example, imagine that you are externally contracted to fix the plumbing in an office. The person in charge of the office will owe you a duty of care while you are carrying out your work.
You can read examples of the measures that should be taken to protect self-employed workers later in our guide.
Additionally, you are welcome to reach out to our advisors for a free case assessment. They will let you know whether you can make a claim for compensation and potentially connect you to one of our expert solicitors.
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What Self Employed Accident At Work Compensation Could I Get?
The amount of compensation you could claim for an accident at work while self employed depends on a variety of factors. Firstly, when assessing the physical and/or psychological impact you have experienced due to injury, legal professionals may use the Judicial College Guidelines (JCG).
The JCG is a document that lists guideline compensation brackets for different types and severities of injuries. We have included some of these figures in our table below.
When reading these figures, it is important that you do not view them as the set amount of compensation that you could be entitled to. These are simply included to give you some guidance. There are many factors at play when evaluating compensation, which these guidelines cannot account for.
However, our advisors offer a free service to discuss what specific factors your compensation could cover. They provide tailored case assessments, allowing them to examine the specifics of your case. This may give you the tools you need to decide whether to start a claim.
The first row contains a figure that was not taken from the JCG.
| Type of Injury | Severity | Compensation Guideline | Notes |
|---|---|---|---|
| Multiple severe injuries with special damages | Severe | Up to £1,000,000+ | Multiple injuries, either physical and/or psychological with special damages for associated financial losses such as medical expenses. |
| Brain and head | Very severe | £344,150 to £493,000 | The higher end of the bracket may involve some ability to open eyes and follow basic commands. however, the claimant will show little meaningful response to their environment. |
| Neck | Severe (iii) | £55,500 to £68,330 | The bracket may cover dislocations, severe damage to soft tissue and fractures |
| Leg | Severe (iv) moderate | £33,880 to £47,840 | Multiple or complicated fractures that typically effect one limb |
| Pelvis & hip | Moderate (i) | £32,450 to £47,810 | Serious damage to hip or pelvis that it not likely to have long-term impact |
| Elbow | Less severe | £19,100 to £39,070 | Injuries that cause impaired functioning but do not lead to serious disability |
| Back | Moderate (ii) | £15,260 to £33,880 | Such injuries may involve disturbed muscles and ligaments, resulting in back ache. It may also apply to |
| Wrist | Less severe | £15,370 to £29,900 | There may be some permanent disability resulting from the injury |
| Shoulder | Serious | £15,580 to £23,430 | Dislocation of the shoulder which can lead to a weakened grip |
How Is The Value Of My Claim Determined?
The value of your claim will depend on how much you are awarded under the 2 heads of claim. The first of these, general damages, covers the pain and suffering that comes with injury. This could apply to the future impact you experience if you have yet to recover. The figures in the JCG may apply to this part of the compensation.
In addition, special damages may be awarded in personal injury claims. If you have accumulated financial losses due to the harm you have suffered, you may be able to include this under your claim for compensation. This applies to:
- Payments for medical treatment
- The cost of travel to and from medical appointments
- The expense of adjusting your home to make it livable- for example, you may require a stairlift
- The cost of professional care- additionally, if a loved one has to take time to care for you, their loss of income could also be included under a payout
- A loss of income due to time taken off work to recover
All of these financial losses will need to be proven with evidence such as invoices and bank statements.
How Interim Payments Can Help You
In some cases, an interim payment may be appropriate. Simply put, this is a percentage of your compensation that you could be eligible to receive before your case has been completely settled.
This may be given if any of the following circumstances apply:
- It has been judged that damages are owed to the claimant
- The defending party has accepted liability to pay compensation
- There is a strong likelihood of your claim succeeding if it went to court
We understand that some of these terms may be new to you. If you would like to discuss it further with an experienced advisor, get in touch today.
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If I‘m Self-Employed, Who Is Liable For My Accident?
If you are self-employed, another party may be liable under certain circumstances. As mentioned previously, HASAWA outlines the responsibilities employers have to certain individuals, such as external contractors.
Measures that organisations should take to protect the people they hire include:
- Keeping doors and walkways clear and usable
- Inspecting equipment regularly- for example, they should check that any lighting equipment is functioning to an adequate level
- Performing risk assessments so that they are aware of any hazards in the workplace
- Providing training when it is required to carry out tasks safely
Examples Of When You Could Claim
Read below for examples of when you could claim compensation for an accident at work while self-employed:
- You work as a self-employed builder and take on a contract to work on a construction site. The company failed to perform risk assessments on the building site, which allowed for scaffolding to collapse and land on you. You experience a severe head injury as a result.
- An office hires you through an external contract to remove waste from the premises. While using the kitchen, you slip and fall on a wet patch of floor. There was no wet floor sign to warn you of the risk. This causes you to break your ankle
- A third party hires you to inspect the fire alarm systems of a warehouse. The shelves are poorly stacked and overloaded. One of the shelves breaks and lands on your arm, causing you to sprain your wrist.
There are many other scenarios for which you could claim compensation. If you had an accident at work while self-employed, get in touch today to discuss the details of your potential case.
Would I Be At Risk Of Losing My Job If I Make A Claim?
Generally, you are not at risk of losing your job if you make a claim for an accident at work while self-employed. You have a legal right to claim compensation if a third party failed to meet their duty of care to you while working.
Some people may be wary when making a claim of this nature, as the idea of losing your employment is understandably concerning. If you would like to discuss your worries with one of our advisors, please reach out. They have handled many similar enquiries and can explain your legal rights in more detail.
The Steps To Take After Being Injured In An Accident At Work
If you have experienced an accident at work while self-employed, you should start to gather your evidence for a compensation claim. You will need to provide evidence of your injuries and the negligent actions that caused them. If you are looking to recover the financial impact associated with your injuries, you must also prove these costs.
Your evidence could include:
- Copies of your medical records
- An accident report (this should be logged in the accident book on the premises)
- Photos of your injuries
- Video of the workplace accident (such as CCTV footage)
- Receipts, bank statements and payslips of any financial losses suffered
How Long Do I Have To Claim Compensation?
Additionally, you will need to ensure that you meet the legal time limit in place for your case. Generally, you have 3 years from the date of the incident to get your claim started, as established by the Limitation Act 1980.
However, the time limit may be frozen if the personal injury claim involves someone who is below the age of 18 or mentally incapacitated. This is because a person cannot make decisions for a claim themselves under such circumstances. Therefore, the 3-year time limit for these cases can begin from:
- The date of the individual’s 18th birthday
- The date this mental capacity returns, if it does
While there is a pause on the time limit, there is also an option for someone else to represent the claim on their behalf as a litigation friend. If you act in this role, you will need to make decisions for the claim that are in the best interests of the impacted person.
Please do not hesitate to speak with an advisor today if you would like to learn more about the legal process.
No Win No Fee Accident At Work Self Employed Claims
Our solicitors have already gained over £80 million in compensation so far for their clients. They have done this through a No Win No Fee agreement, which is a great way to access legal representation.
A Conditional Fee Agreement (CFA) is a contract that works along these lines. By signing a CFA, you would not need to pay any upfront or ongoing fees for your solicitor to work on the case.
Another great benefit of signing a CFA is that there is no obligation to pay for your solicitor’s services if your personal injury claim is unsuccessful. This can take the pressure off claiming.
However, if you do receive compensation, you will owe a success fee. This is a capped percentage of the compensation that you pay to your solicitor. There is a legally binding cap on the percentage that can be taken, so you can rest assured that you will keep most of the money.
In addition to this accessible fee agreement, a JFLaw solicitor could help your case by:
- Advising you on the evidence required for your case and helping you gather it
- Explaining any aspects of personal injury law that you are unsure of, and outlining the process as your case progresses
- Securing an independent medical assessment that can prove the extent of your injuries (they will ask for your consent before organising this)
- Communicating with the defending party on your behalf
Contact JF Law’s Solicitors
You can find out more about the services we offer by speaking with an advisor. They provide free advice with no strings attached. So, if you are looking for general guidance on claiming for an accident at work while self-employed, or you want to find out if you are eligible to claim with us, reach out today.
- Call our team on 0151 375 9916
- Submit an online contact form
Learn More
Visit our other workplace accident claims below:
- Read about claiming for a faulty machinery accident at work
- Find out about pallet truck accident claims
- Take a look at our guide on fall at work claims
External links:
- Follow the guidance for self employed workers provided by the Health and Safety Executive (HSE)
- Read the government advice on claiming Statutory Sick Pay (SSP)
- Visit the government webpage on claiming expenses while self employed
Thank you for reading our guide on claiming for an accident at work while self employed.
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