Self Employed Work Accident Guide – Can I Claim Compensation?

By Stephen Kane. Last Updated 14th June 2023. Have you suffered an accident in the workplace that was not your fault, you may be entitled to compensation. It is an employer’s duty to ensure they provide their employees with a safe working environment. This includes those working on a self-employed basis. Therefore, if an injury arises due to their negligence or error, you may be compensated for your suffering and any costs you have incurred as a result.

Needless to say, though, a self-employed person has a different contract compared to those that work on a full-time basis, and this is where the confusion lies when a self-employed worker gets hurt at work, hence why we have put this guide together. Call 0161 696 9685 to find out more, or read the sections below to answer all of your questions on self-employed accidents:

Select A Section

  1. A Guide To Making An Accident At Work Claim When Self Employed
  2. What Is A Self Employed Accident At Work Claim?
  3. How Much Can Self Employed People Claim For Accidents At Work?
  4. How Is Compensation For The Self Employed Calculated?
  5. Health And Safety Workplace Protections
  6. What Can Self Employed People Claim For An Accident At Work?
  7. How Long Do Self Employed Workplace Accident Claims Take?
  8. Self Employed Accident At Work – Examples Of Evidence
  9. Self Employed Injury At Work Claim – No Win No Fee Solicitor
  10. Resources And Advice For The Self Employed

A Guide To Making An Accident At Work Claim When Self Employed

There are many accidents that can occur in the workplace. Many people do not pursue claims because they are not aware that the injury they are suffering is due to a workplace injury. Repetitive strain injury (RSI) is an example of an injury that a lot of people do not realise they can claim for. This is when you get pain in your muscles, nerves or tendon because of a repetitive action. This tends to be common for individuals who sit at their desk every day working on the computer. If a medical professional diagnoses you with this injury you may be able to claim.

Self-employed accident at work claims guide

Self-employed accident at work claims guide

Let’s take a look at some other examples of workplace accidents that can lead to personal injury claims.

  • Product Liability
  • Health and Safety Issues
  • Construction Accidents

So, what do you do if you have suffered from a workplace accident and want to explore your options further? Get in touch with Advice.co.uk. We are one of the leading firms in the UK and have a legal helpline available. You can call this number at any time that is suitable for you. But first, here is more information provided for you to find out everything you need to know if you have had an accident at work when self employed.

In this guide, we will reveal everything you need to know when it comes to self employed worker rights. We will answer key questions. This includes: Do self employed have any rights? Does employment law apply to self employed? Do you have to work a week in hand if self employed? Can I be self employed and still work for an employer? If you have any further queries by the time you get to the end of this guide, please do not hesitate to get in touch.

What Is A Self Employed Accident At Work Claim?

There are a whole host of incidents that count as a personal injury or accident at work, this can be anything from construction accidents to road traffic accidents in the workplace. The list is well and truly endless. The only thing you need to ask yourself is the following…

  1. Was the injury my fault?
  2. Did the injury occur within the past three years?
  3. Did you receive medical attention? (varies)

This is what you will generally be asked to prove when you are making a personal injury claim. Three years is typically the personal injury claims time limit, but there are some exceptions, which we will discuss later in this guide, so do keep this in mind.

How Much Can Self Employed People Claim For Accidents At Work?

Before delving into numbers, it is imperative to state that each and every case is different. If you want exact figures you should ring Advice.co.uk on our free legal helpline. One of our advisors will give you the information you are looking for. Nonetheless, below, we have compiled the  payout figures for some of the most common injuries sustained in the workplace. This should give you a good understanding. It is more accurate than using a personal injury claims calculator, as the figures are produced by the Judicial Court Guidance.

Edit
Injury/Severity Notes Compensation bracket
Severe leg (b) – very serious (ii) Permanent mobility problems. £54,830 to £87,890
Back – severe (iii) Chronic conditions despite treatment from disc lesions, fractures or soft tissue injuries. £38,780 to £69,730
Chest injury (c) Some disability due to chest/lung damage. £31,310 to £54,830
Wrist (b) Some useful movement, however, there is a permanent disability. £24,500 to £39,170
Neck – moderate (ii) Continuing symptoms from soft tissue, wrenching or severe disc lesion. £13,740 to
£24,990
Toe – severe (c) Amputation or partial amputation of one or two toes (but not big toe) or severe crushings. £13,740 to £21,070
Arm (d) Simple forearm fracture. £6,610 to £19,200

Facial scars – less significant (d) Marred appearance from one scar or many small scars. £3,950 to £13,740
Head injury – minor (e) Minimal brain damage with compensation considering recovery time, continuing symptoms and initial injury. £2,210 to £12,770
Eye injury – minor (h) Injuries causing some pain and temporary vision interference, such as fume exposure. £3,950 to £8,730

How Is Compensation For The Self Employed Calculated?

The individual circumstances of your case play a huge role in determining the amount you will receive. A number of different factors are considered, and this includes the following:

General damages

The amount calculated for the actual injury and your suffering because of it.

Special Damages

  • Your earnings lost and the amount of time you have had off work
  • Accommodation and travel expenses
  • Changes required to your car or home
  • Changes to your ability to work
  • Future loss of income
  • Any other costs you have sustained because of what has happened

Health And Safety Workplace Protections

As per the Health and Safety at Work Act 1974, it is the duty of your employer to provide a safe and healthy working environment. If you work for someone on a self-employed basis, for example, you are self employed but working for one company, you should still expect to be in an environment that is deemed safe and healthy.

You also have a duty to assess the risks and to only work if you believe it is safe to do so. This is why it is wise to have an understanding of the work environment overall. However, if you have been injured because an employer has not upheld their duty of care, you can make a claim.

What Can Self Employed People Claim For An Accident At Work?

When making a claim, you will be able to claim money for the injuries you have sustained, as well as any out-of-pocket expenses. Some examples of the latter include…

  • Loss of income
  • Future loss of income
  • Care costs
  • Medical costs
  • Counselling expenses
  • Childcare costs
  • Travel expenses
  • Home and car adaption costs

How Long Do Self Employed Workplace Accident Claims Take?

If you have a valid self-employed accident at work claim, then you’ll need to make sure you start proceedings within the relevant time limit. The Limitation Act 1980 establishes that there is a three-year time limit for starting a personal injury claim. This usually applies from the date of the accident that injured you.

Under some circumstances, the time limit can work differently. For example, if someone under the age of 18 is hurt in a work accident, then the time limit is paused until their 18th birthday. Before that day arrives, a claim could be made on the child’s behalf by a court-appointed litigation friend. If, however, a claim has not been made before the day the injured party turns 18, then they will have three years to start their own claim from that date.

If the injured party lacks sufficient mental capacity to make a personal injury claim, then the three-year time limit is indefinitely suspended. A litigation friend could instead make a claim on their behalf. However, if they later regain sufficient mental capacity to make a claim, and one hasn’t already been made, then the time limit will begin from the date of recovery.

Get in touch with our advisors either online or on the phone today if you would like to ask questions about the time limit or other aspects of making an accident at work claim.

Self Employed Accident At Work – Examples Of Evidence

Even if you are self employed, an accident at work claim could still be made if you are harmed due to negligence. However, if you are self employed and injured at work, you will need sufficient evidence in order to successfully claim.

Self employed work injury claim

Self employed work injury claim

We recommend that you seek medical attention if you are injured. It’s important that you receive any necessary treatment, but medical records can also act as helpful evidence for your claim.

Other types of evidence that could be helpful include:

  • Photographs of your injury and the scene of the accident
  • CCTV footage, if this is possible
  • If there were any witnesses, you could obtain their contact details
  • Reports from the workplace accident book

One of the accident at work solicitors from our panel could help you gather evidence if you are self employed. The injury at work compensation you receive may be affected by the evidence you provide, so we recommend hiring legal help. Get in touch with us today for more information.

Self Employed Injury At Work Claim – No Win No Fee Solicitor

If you suffered a self employed injury at work due to employer negligence and would like to claim compensation, you could do so with the support of a No Win No Fee solicitor. Their services could be provided under a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA).

With a CFA in place, your solicitor typically won’t charge upfront to represent you in a self employed accident at work claim. Should your self employed injured at work claim succeed, a legally limited success fee will be taken from your award. However, should you not receive compensation, then they generally won’t charge for their services.

Our advisors can answer your questions about self employed injury at work claims. They’re available 24 hours a day, 7 days a week. Should your self employed accident at work claim seem eligible, you could be connected to our panel of solicitors. To get in touch:

Resources And Advice For The Self Employed

Below, you can find links to lots more guides on accidents at work:

  1. Accidents at work FAQ
  2. How to make an accident at work claim
  3. Agency worker accident claims
  4. How to make a claim if injured as a temporary worker
  5. I hurt myself at work, can I make a claim?
  6. Can you sue your employer for an accident while still employed?
  7. How to prove an injury at work
  8. Will claiming against my employer create problems?
  9. Advice on claims if injured working for cash
  10. Do I need accident at work solicitors near me?
  11. Employers’ responsibilities after an accident at work
  12. What happens if an employee does not report an accident or injury at work?
  13. How long after an accident at work do you have to claim?
  14. Do I need a lawyer if I get an injury at work?
  15. New employee had an accident at work – can they claim?
  16. I had an accident at work, what are my employers’ responsibilities?
  17. I didn’t take time off work after an accident, can I still claim?
  18. Who pays my work injury medical expenses?
  19. How to claim for a work accident
  20. What to do if I injured myself at work?
  21. Workplace accident claim time limits
  22. Accidents caused by tiredness and fatigue
  23. Can you be fired for a work-related accident?
  24. Foot injuries caused by a lack of safety books
  25. Could I make a workplace injury claim if I’m not an employee?
  26. Tendon injury at work claims
  27. Can you claim for an accident at work if you suffered no injury?
  28. Can I claim if assaulted at work?
  29. Can I be sacked for having an accident at work?

GOV – Self-employed – What the government says about being self-employed.

RSI – NHS – More about RSI.