It’s well known that if you have an accident at work caused by your employer, you can make a claim for compensation. But what do you do if you suffer a self-employed injury at work?
According to the UK Parliament, around 4.27 million people in the UK identified as self-employed between January and March 2024. While working as a contractor or a self-employed person can limit your employment rights, you could still potentially claim compensation under the right circumstances.
In this guide, we’ll aim to answer any questions you might have about making an accident at work claim while self-employed. We’ll cover who is classed as a contractor or self-employed worker and what your rights are under this status.
We’ll also cover when you could potentially make a claim for compensation and what to do if you’ve been injured because of someone else’s negligent actions. A lot of people ask how much compensation they could receive, so we’ll also discuss how compensation in an accident at work claims is calculated.
Finally, we discuss the benefits of having the help No Win No Fee solicitor to make your compensation claim as a self-employed person.
We hope this guide gives you all the information you need, but if you want to learn more about compensation for self employed workers, our advisors are on hand. Get in touch today to get started by:
- Calling us on 0800 408 7825
- Using the live chat feature
- Contacting us online
Browse Our Guide
- Who Is Classed As A Contractor Or Self-Employed Worker?
- What Are My Rights As A Contractor Or Self-Employed Worker?
- Can I Claim For A Contractor Or Self-Employed Injury?
- What Could I Do If I’m Self-Employed And Have An Accident At Work?
- How Much Compensation Could I Claim For A Personal Injury As A Self-Employed Person?
- Claim For A Self-Employed Injury On A No Win No Fee Basis
- Read More About Making A Personal Injury Claim
Who Is Classed As A Contractor Or Self-Employed Worker?
A self-employed worker is someone who runs their own business or is responsible for their own employment. For example, a freelance videographer would be considered self-employed, as would an electrician who works for themselves.
It’s important to note that you can be classed as employed and self-employed at the same time. For example, you might work in a supermarket for three days a week on a contracted basis and then run your own plumbing business on the side.
To get more information on the process of making a self-employed injury at work claim, get in touch with our team today.
What Are My Rights As A Contractor Or Self-Employed Worker?
When you’re a self-employed worker, you don’t have the same employment rights as contracted and employed workers. This is because you are your own boss.
However, as a self-employed person, you still have:
- Protection of your rights against discrimination
- Protection of your health and safety
For other rights and responsibilities, you can check the contract you have with your client. For more information on personal injury claims, read on or contact our team.
Can I Claim For A Contractor Or Self-Employed Injury?
In some cases, you can still make a claim for a self-employed injury at work if you can prove that the employer or the occupier of the premises was at fault.
This is because all employers, even if they aren’t your employer, owe a duty of care to everyone who comes to their premises. This means that they are legally responsible for the health and safety of those in that space.
For example, let’s consider the case of a self-employed electrician hired to work on some wiring in an office. If they slip and fall on a wet floor that hasn’t been signposted, they could potentially claim against the employer who hired them to work in that space. This is because it is the employer of that space’s responsibility to clear up spillages and make sure that wet floors are signposted.
We know that this topic can seem complex, so our team are here to help. Get in touch today to find out if you could be eligible to make an accident at work claim as a self-employed person.
What Could I Do If I’m Self-Employed And Have An Accident At Work?
There are a number of steps you could take if you’re injured as a self-employed person, including:
- Seek medical attention: The most important step is to ensure that your injuries are properly attended to and that you get the help you need.
- Collect evidence: Sourcing evidence to support your claim is crucial because you need to prove that the employer was at fault. This might include pictures of the scene or your injuries, video footage, and witness statements.
- Seek legal advice: You aren’t required to work with a solicitor, but we always recommend it. Seeking legal advice means that you know whether or not your claim is valid, and you get an expert insight into the accident at work claims process.
What If I’m Unable To Work Due To Injury?
If you are unable to work due to an injury, this can cause immense financial harm. Self-employed people do not qualify for Statutory Sick Pay (SSP), and may struggle with their source of income being cut off.
One of the benefits of making a personal injury claim is that you could potentially claim back lost earnings, including present and future earnings. You’ll need to be able to prove these losses with invoices and bank statements, but it can be a good way to ease the financial strain caused by your injuries.
We’ll talk more about what your compensation payout could cover in the following section.
How Much Compensation Could I Claim For A Personal Injury As A Self-Employed Person?
The exact amount of compensation that you could receive from a successful accident at work claim can vary depending on different things. For example, this might include how much evidence you have, and how severe your injuries are.
Generally, accident at work compensation can contain two different headings, which cover different areas. The first is awarded in every successful claim, and is called general damages.
Under general damages, you get compensation for the pain and suffering caused by the accident. This heading also provides compensation for something called loss of amenity. Essentially, this means no longer being able to enjoy hobbies, or time with your family, because of your injuries.
Compensation under this heading can be valued with help from the Judicial College Guidelines (JCG). This document provides compensation guidelines, and lists different values for different kinds of injuries.
The table below showcases some of these entries, but please note that these are not fixed amounts and that the first entry is not from the JCG.
Injury | Bracket |
---|---|
Multiple Severe Injuries & Special Damages | Up to £1,000,000+ |
Very Severe Brain Damage (a) | £344,150 to £493,000 |
Less Severe Brain Damage (d) | £18,700 to £52,550 |
Total Loss Of One Eye (d) | £66,920 to £80,210 |
Severe Shoulder Injuries (a) | £23,430 to £58,610 |
Moderate Neck Injuries (b) (i) | £30,500 to £46,970 |
Less Serious Leg Injuries (c) (i) | £21,920 to £33,880 |
Moderate Back Injuries (b) (ii) | £15,260 to £33,880 |
Chest Injuries (d) | £15,360 to £21,920 |
Hernia (a) | £18,180 to £29,490 |
Some claimants are also eligible for special damages. This secondary heading covers your financial losses, but only those caused by your injuries.
For example, this might include:
- Lost earnings
- Childcare
- Help with cooking or cleaning
- Travel
- Prescriptions
- Crutches, wheelchairs, and other mobility aids
- Private healthcare
Our advisors can offer more information on what your compensation payout could contain, and can evaluate your self employed injury claim through a free consultation.
Claim For A Self-Employed Injury On A No Win No Fee Basis
We’ve mentioned already that we recommend seeking the help of a legal professional before you make your claim, but you might be wondering why. In short, a solicitor can make the personal injury claims process feel less complex for you.
This is because they have years of training and experience, which can inform their actions through the process. Our panel of solicitors have vast experience in personal injury law, and can represent you on a No Win No Fee basis.
They do this by working under a Conditional Fee Agreement (CFA), which is a contract that means:
- You don’t pay a fee upfront
- You don’t pay for their work if the claim fails
- You only pay a small legally limited success fee if the claim succeeds
Contact Us
Our advisors are here to help. Get in touch today to find out how a solicitor from our panel could help you make a self-employed injury at work claim by:
- Calling us on 0800 408 7825
- Using the live chat feature
- Contacting us online
Read More About Making A Personal Injury Claim
For more helpful personal injury guides:
- Learn about the most common injuries suffered in construction accidents
- Find out how to claim for a fatal accident on a construction site
- Get help with making a back injury claim after a construction accident
Or, for further resources:
- Find out when to call 999 with information from the NHS
- Read the government guidance on employment rights
- Get advice on workplace health and safety from the Health and Safety Executive (HSE)
Thank you for reading our guide on contractor and self-employed injury at work claims.