You might think that if you’re self-employed and injured at work, you won’t be able to claim compensation from your employer. But that’s not necessarily the case. That’s because employers must try to keep all staff they hire as safe as possible at work including self-employed contractors. Therefore, in this guide, we’ll explore when you could claim compensation if you’re self-employed and injured at work.
We can help the self-employed take legal action against an employer. Initially, we’ll assess how your accident occurred and who was to blame as part of a free consultation. If the claim is strong enough, we’ll provide legal advice about your options and could partner you with an accident-at-work solicitor from our panel. Crucially, their services will be provided on a No Win, No Fee basis if you claim proceeds.
To discuss a self-employed injury claim, you can:
- Give us a call on 0333 241 2519 to speak to a legal advisor.
- Connect to our live chat service for free support 24 hours a day.
Please read on for more on how we can help with self-employed injury claims or call our team with any questions.
Can I Claim Compensation for a Self-Employed Accident at Work?
If you’re self-employed but taken on to complete a specific task by another company or individual, they will have a duty of care towards your well-being while you’re working for them.
This duty is set out in the Health and Safety at Work etc. Act 1974. It means that while you’re self-employed and working for someone else, they must take reasonable precautions to try and prevent you from being involved in an accident.
This covers many different roles performed by self-employed workers who provide services to other businesses including:
- Consultants.
- Trainers.
- Bricklayers, carpenters and electricians.
- Business analysts.
- Event co-ordinators.
- Cleaners.
- Tutors.
As such, if you were self-employed and injured at work, you might be entitled to compensation if:
- At the time of your accident, the defendant (the company or individual you were working for) owed you a duty of care.
- The defendant caused your accident because they were negligent.
- You sustained an injury or injuries as a result of the accident in the last three years.
Please call us now if you’d like to know more about how we can help claim compensation for self-employed workers.
What Types of Negligence Can Lead to a Self-Employed Injury Claim?
Here are some examples of accidents involving self-employed staff that could result in a personal injury claim:
- If a subcontractor on a building site fell from a cherry picker and sustained a broken arm at work because the contracting firm failed to provide a safety harness.
- Where a self-employed tutor working in a school slipped on a wet floor and broke their wrist due to a lack of warning signs.
- If a business analyst tripped on cables laid across a factory floor and sustained a fractured skull.
- Where a handyman working on behalf of a housing association was electrocuted at work because they were given damaged power tools.
These are just a sample of the types of accidents that could enable self-employed workers to claim compensation following an accident at work.
What Should I Do If I’m Self-Employed and Injured at Work?
If you’re self-employed and injured at work, it’s important that you take the following steps:
- Ensure that any injuries are assessed and treated at a hospital or minor injuries unit.
- Report the accident to your employer in writing (by email is fine).
- Ask for a copy of the accident report form relating to the incident.
- Inform your insurance company about the injury.
Crucially, you must report the accident at your earliest opportunity. If you make the report verbally, you should follow it up with an email or text message so that there is an audit trail to help prove that the accident actually happened.
What Evidence Can Be Used for Self-Employed Injury Claims?
Using evidence is the best way to improve the chances of winning a self-employed injury claim. It should prove how and why the accident happened and how you have suffered as a result.
Here are a few examples of the types of evidence you could use to try and strengthen your claim:
- Photographs taken at the accident scene. If possible, these should be taken before anything that caused your injuries is removed, replaced or repaired.
- Details of any witnesses to your accident. This can help if statements need to be collected later.
- Your copy of the company’s accident report form to prove the date, location and time of the incident.
- Medical records, X-rays and treatment plans to prove your diagnosis.
- CCTV or mobile phone footage of the accident where available.
You should try to collect as much of the above as you can. However, even if you don’t have everything we’ve listed, please feel free to call our legal advisors. If your case is strong enough, one of our solicitors may offer to try and secure further evidence to prove your case as part of their service.
Start the process of claiming compensation for a self-employed accident at work with our offer of a free consultation.
Our solicitors, with 30+ years of experience, offer a 100% No Win, No Fee service, giving claimants the means to pursue compensation without the need to pay any upfront fees.
Alternatively, call now on 0333 241 2519 to speak to a specialist solicitor.
How Much Compensation for a Self-Employed Accident at Work?
If an injured self-employed worker wins a personal injury claim against an employer, the compensation paid out will typically be made up of two heads of loss in the vast majority of cases.
Firstly, general damages could be paid to cover physical and mental pain, suffering and loss of amenity. To put a value on your personal injuries, your solicitor might refer to compensation amounts listed in the Judicial College Guidelines (JCG). They can then compare these figures to the injuries you’ve suffered as proven by doctor’s records and independent medical reports.
Secondly, special damages could also form part of your settlement if your self-employed accident at work has left you unable to work or out of pocket. For instance, you may need to claim back:
- Medical expenses such as prescription fees.
- Travel and parking expenses (when visiting a hospital for example).
- Care and support costs.
- Loss of earnings and future loss of income.
- The cost of modifying your home to make it easier to cope with a permanent disability.
- Replacement property costs for items damaged in your accident.
As you’ll need to prove any expenses you claim back, keep hold of any receipts or financial documents that help to prove your losses.
How Do I Prove Loss of Earnings If I’m Unable to Work?
If you are self-employed and unable to work for a time because of your injuries, you may not receive the same level of income from week to week or month to month. Therefore, proving loss of earnings as a result of your injuries might not be as simple as sending copies of your pay slips.
As such, your solicitor might need you to send:
- Copies of your company’s accounts for the past 3 years.
- Proof of any work you had lined up (emails or orders from customers).
- Copies of your bank statements.
- A letter from your accountant.
All of the above could then be used to determine how much money you have lost while you were recovering from your injuries.
Do You Need a Solicitor to Make a Self-Employed Injury Claim?
If you are injured while a self-employed subcontractor and decide to sue the party responsible, you might find it difficult to handle any legal proceedings yourself. Your claim is likely to be much smoother if you are represented by a specialist accident at work solicitor.
As well as having the legal knowledge and experience to manage your claim more efficiently, your solicitor’s abilities could help to ensure that you are paid a much fairer settlement than you might otherwise be offered.
When our solicitors help injured self-employed workers, some of the services they may provide include:
- The collection of evidence to support the claim.
- Preparation of any necessary paperwork in the correct format.
- Negotiation if any aspect of your claim is contested.
- Sending you updates about how the claim is progressing on a regular basis.
- Fighting your corner to try and make sure any compensation you are awarded is fair.
Crucially, any self-employed injury claim handled by a work injury solicitor on our panel will be managed on a No Win No Fee basis. That means that after you’ve signed a Conditional Fee Agreement (CFA), you will not pay a penny towards your solicitor’s work unless you receive a compensation payout.
If your claim is won, your solicitor will deduct an agreed percentage of your settlement as their success fee. Legally, this is capped at 25 per cent for your protection by the Conditional Fee Agreements Order 2013.
To check if you could make a No Win, No Fee self-employed injury claim, please contact a legal advisor now.
Will the Claim End Up in Court?
It is fairly unusual for self-employed worker compensation claims to end up in court in our experience. Usually, personal injury solicitors will come to an amicable agreement with employer’s insurers to avoid the expense and time associated with court cases.
However, as a last resort, your solicitor may decide to schedule a court hearing if the company you were working for while self-employed fails to offer a fair settlement or completely denies liability for your injuries.
How Long Do Self-Employed Injury Claims Take?
The time it takes for a self-employed injury claim to be finalised generally will differ from case to case and can be affected by several factors.
For instance, the claims process should be faster if you’ve already recovered from your injuries as your prognosis will be fully understood whereas claims for longer-term injuries can take longer while the impact of your injuries is assessed.
Similarly, if your employer accepts liability quickly for your accident, negotiations can begin on how much compensation you should be paid. This may have to wait for some time if your employer denies liability and further discussions are required.
Generally, straightforward cases can be settled in around 5 to 6 months while more complex claims can take as long as a year or more in some circumstances.
Please feel free to call our legal advisors now if you’re self-employed and have been injured at work through no fault of your own.
Contacting Us About a Self-Employed Injury Claim
If you are a self-employed worker who has been injured at work and would like to ask an expert about claiming compensation, please feel free to contact us now. You can get in touch by:
- Calling 0333 241 2519 to discuss your options.
- Use our free live chat service to discuss your case online.
Whichever way you choose to contact us, we’ll review your case for free and let you know what options you have available. If we believe that you have a feasible self-employed injury claim, we’ll connect you with one of our solicitors. If they agree to represent you, they’ll provide a No Win, No Fee service throughout the claims process.