Welcome to our guide about claiming compensation after a self-employed accident at work. If you work for yourself you might think claiming damages for the harm caused in the workplace is not an option. So, this guide will explain who is eligible to seek compensation for negligence in an unsafe work area.
We give some idea of injuries that might arise from an accident at work. There are practical steps you can take after injury as a self-employed worker and we detail these. Also, we look at the concern many may have of being dismissed after an accident at work.
We explain what compensation may apply if the claim is a success and what areas of harm it can cover. Personal injury claim time limits are also detailed below. The guide ends by explaining how a solicitor from our panel could help you start a compensation claim by using a type of No Win No Fee agreement. This could allow you to access excellent legal representation at no upfront cost.
Read on or get in touch to discuss your self-employed injury claim:
- Call us on 0333 000 0729
- Complete our online enquiry form, and we’ll be in touch.
- Open the live forum on your screen now.
Browse A Section Of Our Guide
- Can I Claim For A Self-Employed Accident At Work?
- How Could A Self-Employed Worker Be Injured At Work?
- What Should I Do If I’m Self-Employed And Injured At Work?
- Could I Be Fired When Claiming For A Self-Employed Accident At Work?
- How Much Compensation Could Self-Employed Workers Get After An Injury?
- What Is The Time Limit When Claiming For Self-Employed Accidents?
- Claim For A Self-Employed Injury On A No Win No Fee Basis
- More Resources About How To Claim Compensation
Can I Claim For A Self-Employed Accident At Work?
As a self-employed person, you may already know you’re excluded from certain rights that employees have. However, you could still have grounds to seek compensation against a third party if they caused you injury. To have an eligible basis to start a personal injury claim you, need to demonstrate three points:
- A duty of care was owed to you at the moment of injury.
- The duty was breached.
- Your injuries were a direct result of this.
In workplaces, the duty of care that applies to employees and self-employed contractors alike is set out in the Health and Safety at Work etc Act 1974 (HASAWA). Under this legislation, employers must take (practicable and reasonable) steps to control hazards and prevent workers from being harmed while carrying out their jobs.
Demonstrable failure by management to adhere to this health and safety law can be grounds for a claim if you were left injured in a self-employed accident at work.
How Could A Self-Employed Worker Be Injured At Work?
Next, we look at how a self-employed worker accident could occur because of negligent health and safety practices in a workplace or site:
- Hazards in the factory were not clearly marked and a worker slipped on a wet floor and shattered their knee.
- Insufficient or poor lighting caused a self-employed contractor to trip and fall down stairs, suffering spinal and head injuries.
- A self-employed worker suffered an electrocution injury when the unchecked power tool provided to them malfunctioned.
There may be other examples of self-employed accidents. If you want guidance about your claim, please contact our advisory team on the number above.
What Should I Do If I’m Self-Employed And Injured At Work?
After an accident at work of any kind, it’s important to seek medical attention and alert the site supervisor or other workers. Afterwards, there are actions you can take to assemble strong evidence that supports a compensation claim for negligence:
- Take photos of your injuries and the hazards or tools that caused them.
- See if you can get a copy of any CCTV footage that captured the incident.
- Request the contact information of eyewitnesses who could provide a statement to a personal injury lawyer later on (if you appoint one).
- Get photocopies of your medical notes. X-rays, scans and any specialist reports.
- Workplaces of more than 10 people must keep an accident book on the premises. Self-employed contractors and visitors should also have their accidents entered in this book so try to get a copy of the report.
Call one of our advisors to further discuss what evidence you could submit to support a claim for a self-employed accident at work.
Could I Be Fired When Claiming For A Self-Employed Accident At Work?
It is not legal to dismiss someone or terminate their contract for starting a personal injury claim. But as a self-employed person, you can be asked to leave the premises or site at any moment by the management if they deem you responsible for accidents or hazards.
If they are terminating your employment contract on the spot based on an accident and injury, you would need to show that the accident was their fault to move ahead with a personal injury claim against them. Speak to our team for information about compensation claims for a self-employed accident at work.
How Much Compensation Could Self-Employed Workers Get After An Injury?
A successful personal injury claim can result in compensation that covers two areas called general and special damages as part of the overall settlement. General damages are the head of loss that compensates the person for the physical pain and psychological damage they experienced because of the self-employed accident at work.
Those involved in the calculation of general damages often turn to medical evidence as their guide. They may also refer to publications that list award guideline amounts, like the Judicial College Guidelines (JCG). We’ve put together a table below using some of its entries, but they are strict guidelines only and the first line entry is not from the JCG. The table is only for illustrative purposes and does not intend to represent the individual merits of your claim.
Compensation Guidelines
| Area of Injury | Severity | Award Guideline | Definition |
|---|---|---|---|
| Multiple types of severe injury and special damages. | Severe | Up to £1 million plus. | This award is reflective of multiple types of severe injury and special damage for lost earnings, care costs and medical expenses. |
| Head | (a) Very Severe | £344,150 to £493,000 | The person is completely dependant on others for all needs and there is little (if any) meaningful responses. |
| Knee | (a) Severe (i) | £85,100 to £117,410 | Joint disruption injuries that cause gross damage and cause pain, lost function and require prolonged treatment. |
| Hands | (b) Serious Damage Affecting Both Hands. | £68,070 to £103,200 | Instances that give rise to a permanent level of cosmetic deficit and a loss of function that is significant. |
| Hands | (s) Very Serious Injury to the Thumb | £23,920 to £42,720 | Cases where the thumb was severed and re-grafted at the base leaving it useless and deformed. |
| Severe Leg | (ii) Very Serious | £66,920 to £109,290 | Examples of injury that leaves a permanent reliance on walking aids as well as the sort of fracture injuries that take years to heal. |
| Injuries Affecting Sight | (e) Complete loss of sight in one eye. | £60,130 to £66,920 | Injuries such as this may also cause sympathetic opthalmia in the remaining eye. |
| Neck | (a) Severe (iii) | £55,500 to £68,330 | Dislocations, fractures, ruptured tendons and cases of severe soft tissue damage. |
| Arm Injuries | (c) Less Severe | £23,430 to £47,810 | Despite significant disabilities a good level of recovery is expected or occurs. |
| Shoulder | (b) Serious | £15,580 to £23,430 | Dislocation and brachial plexus damage causing pain, aching, sensory issues and weakened grip. |
Can I Claim Compensation For Loss Of Earnings?
The second head of loss, called special damages, compensates the claimant for the financial repercussions caused by the injuries, which can include loss of income. To claim loss of income as a self-employed person, you would need evidence of your past earnings, such as bank statements and tax returns. This is used to calculate an average monthly income and include it as part of the claim for your lost current or predicted earnings.
There may be other amounts you can include with the right documented evidence, such as:
- Proof of related medical treatment and rehabilitation expenses.
- Tickets and receipts for travel costs to necessary appointments.
- Proof of paid amounts for adaptations needed to your home or vehicle because of permanent disability.
- Invoices for care costs.
If you have any questions about how compensation could be awarded for a successful self-employed accident at work claim, direct them to one of our friendly advisors. An advisor can also provide a valuation of your claim for free.
What Is The Time Limit When Claiming For Self-Employed Accidents?
Legislation called the Limitation Act 1980 states that there is normally a three-year time limit for starting a personal injury claim. This standard timeframe can alter under certain circumstances. For example:
- Minors under 18 cannot start a personal injury claim themselves. So a concerned party must do so for them in the role of litigation friend designated by the courts. If a claim is not launched for them, the three-year time limit starts from the date the minor becomes 18.
- There is a freeze on the time limit completely for claimants who lack mental capacity. Once again, a litigation friend can act for them. Or if mental capacity returns, the three-year time limit to claim begins from that date.
An advisor can answer any questions you have about time limits and limitations when starting a personal injury claim. Use the contact information at the top of the page to get in touch.
Claim For A Self-Employed Injury On A No Win No Fee Basis
Whilst you are completely free to start a personal injury claim on your own, it makes sense to see if an expert solicitor could help you first. The solicitors on our panel can support you throughout the entire claims process.
Whether it’s collecting witness statements, calculating the compensation owed to you or dealing with court correspondence, they are there with you until the case concludes. They’ll also argue for the maximum amount of compensation on your behalf.
Furthermore, they can offer these excellent services in a way that removes the worry of upfront and ongoing solicitors fees. They offer a type of No Win No Fee contract called a Conditional Fee Agreement (CFA) which also means no fees for completed solicitor’s services apply if the claim fails.
Claims that succeed require payment of a success fee to the solicitors. A legal cap limits the percentage. Under a No Win No Fee agreement like this, the claimant can expect to receive the overwhelming majority of the compensation for their self-employed accident at work claim.
Interested? Learn more about how much compensation you could claim:
- Call us on 0333 000 0729
- Put your contact details into our online enquiry form, and we’ll be in touch.
- Open the live forum on your screen now.
More Resources About How To Claim Compensation
Learn more about claiming accident at work compensation:
- This guide looks at making a workplace accident claim as a sub-contractor with a personal injury solicitor.
- Here we look at why it is important to report workplace accidents.
- Also, you can see ladder accident claims in more detail.
External resources:
- Here is information on First Aid in work from the Health and Safety Executive HSE.
- Read about when to go to A&E from the NHS.
- An overview of employment status from GOV.UK.
In conclusion, thank you for your interest in our self-employed accident at work guide. For any further tips or information on No Win No Fee personal injury claims, please feel free to reach out to our advisory team on the contact points above.
