On this page, we have put together a guide designed to answer the question “do you have to be an employee to claim for an accident at work?” It could happen that someone suffers an accident while working in a workplace while not actually employed by the employer that operates that workplace. This could lead to some people becoming confused about their rights to make a compensation claim. Some people in this situation may fall for the misconception that if they are not a full-time employee of a workplace when they suffer an injury in a workplace accident there that they could not be entitled to make a claim.
This is not the case. We aim to clear up this misconception. Whether you were an agency worker, on a temporary contract or otherwise not a full-time employee, you may be entitled to bring about a compensation claim if you have had an injury in an accident in the workplace caused by negligence.
That said not all accidents that have lead to injuries in the workplace will qualify for compensation. Your specific case would have to meet the personal injury criteria. We will explain more about this as we go through the guide. If you would like any further information about claiming for a workplace accident as a non-employee contact our team of advisors on 0161 696 9685. Alteranivatly, fill in this form to get a callback. Or you could message us through the chat box at the bottom of this page.
Select a section
- A Guide Can I Make Workplace Injury Claim If I Am Not An Employee
- Calculate Work-Related Injury Claims If You Are Not An Employee
- What Could Be Included In A Special Damages Award?
- Work-Related Injuries Affecting Non-Employees
- What Are My Rights As A Contractor, Temporary Or Agency Worker?
- Are Non-Employees Owed A Duty Of Care By Employers?
- How Much Time Do I Have To Claim For A Work-Related Injury?
- What Should I Do For A Workplace Injury Claim If I Am Not An Employee
- No Win No Fee Claims Against Employers If You Are Not An Employee
- Contact Our Team
- More Information On Work-Related Injury
In some ways, temporary workers, subcontracted workers, and other non-permanent employees in a workplace still have the right to be provided with a safe working environment when hired by an employer or business. Obviously, they do not have all the statutory rights of an employee. But when it comes to health and safety they have the same right to work in a safe environment as other employees do for the same business.
We have put this guide together to help you to understand clearly what rights and protections in the workplace you have. In particular, we are focusing on your rights as a non-employee of a workplace, to health and safety protections and the right to make a compensation claim for a workplace accident if you are injured while working in that workplace.
Workplace Injury Claim If I Am Not An Employee
We are going to go over some of the different circumstances might be in which you could be injured in a workplace while not employed there. How you may be entitled to make a claim if you suffer an avoidable injury that is not your fault. In addition, we are going to explain how employment rights law works and what types of legislation protects you while you are at work. We go on further to explain other important details, such as what types of compensation you could be entitled to and how they are calculated. The guide will explain how you could be entitled to make a compensation claim and how you could pay for a solicitor using a No Win No Fee agreement.
If you would like free legal advice about anything relating to making a compensation claim for an accident at work, or about your rights as a worker when not employed in the workplace, you can call our team using the contact details at the top and bottom of this page.
Compensation can vary from case to case. In each individual compensation claim case the amount that the victim could be entitled to has to be calculated down to specific details. The injury compensation you receive is intended to serve as a representation of the equivalent financial value to the injury. So it will be calculated based on assessing certain factors relating to your injury. This can include things like:
- The length of the recovery
- The extent of any lasting pain, disability or risk of future illnesses
- Scarring or disfigurement
- The extent of any lasting psychological damage, PTSD, anxiety etc.
The only real way to get an insight into the amount of compensation you could be entitled to claim would be to discuss your situation with a lawyer. Or an expert in law who can use their professional knowledge to estimate how much such a claim might be worth.
In the table below you can see a compensation calculator table. This contains some examples of what certain types of injuries are roughly considered to be worth by the Judicial College. The Judicial College creates a publication for legal professionals to use when valuing injuries. The part of the compensation that is reflective of injuries is general damages. In the next section, you can see what other types of compensation you could be entitled to receive as part of your claim besides the compensation awarded for the injury itself.
|Severe burns||£27,940 to £91,350|
|Less severe burns||£16,860 to £45,440|
|Crushed hand||£90,250 to £102,890|
|Amputation of foot||£78,800 to £102,890|
|Facial injuries||£22,350 to £34,480|
|Broken jaw||£28,610 to £42,730|
|Broken clavical||£4,830 to £11,490|
|Minor injuries||£1,290 to £2,300|
Compensation payouts do not solely consist of compensation awarded for the injury itself. They can also potentially include money awarded for financial losses. These are losses that you have had to deal with in the wake of suffering an injury. Some of the different types of financial problems that you could deal with as a result of an injury and be compensated for could include:
- Losing time off work and losing income
- Paying for medical treatment, rehabilitation and medication
- Paying for care services
- Using public transport due to being unable to drive
- Having to cancel plans that you had already paid for (i.e. holidays, concerts, weddings etc.)
All claims are different. And this is by no means an exhaustive list. Check with a solicitor or insurer before you pay out any moneys to ensure they can be claimed back. You will have to provide invoices, receipts, wage slips, and other forms of documentation as evidence in order to claim the amount of special damages compensation. You can contact our team of advisors to get free legal advice on claiming special damages.
In workplaces of all different kinds, there are potential hazards for causing accidents and injuries. In some workplaces, there is a greater risk of injury than in others. Workplaces that have moving machinery or hazardous materials could be considered more hazardous. Other workplaces may not have the same level of danger. Or at least not the same degree of obviously visible threats, but can still be the scene of accidents and injuries. Workplaces like offices or supermarkets can be the scene of injuries caused by falling objects or slips, trips, and falls.
People who are working in a certain workplace, but are not employed by the employer, such as temporary contractors or employees of other parties making deliveries, for example, can be exposed to the same type of risks of accidents in a workplace as those who are employed there. As we have explained in the introductory section employers must extend their duty of care to not only their own employees but to anyone who has valid reasons to be on their premises. Whether an employee or a non-employee there are different circumstances that could lead to an injury. Thises include:
- Being injured while attempting to use equipment that is defective.
- Suffering an injury while being asked to carry out a job you have no training in.
- Being harmed due to not being provided with the correct Personal Protective Equipment (PPE)
- Injury caused due to not being provided with enough information or guidance on some of the threats present in the workplace
- Being injured because the workplace has poor housekeeping and poor maintenance practices.
The Health and Safety At Work etc Act 1974 places a duty of care on employers. This is so they provide a work environment that is as safe as practically as possible. Furthermore, section 3, of the Act goes further. It puts a responsibility on the employer ”to ensure, so far as is reasonably practicable, that persons other than themselves or their employees are not exposed to risks to their health or safety”. This means that the right to take legal action in the form of a workplace accident compensation claim against an employer if you have suffered an accident and injury while employed there through their negligence is valid.
To hold a valid reason to pursue a personal injury claim for an accident at work it is vital to prove the following criteria:
- You were owed a duty of care
- This was negligently breached
- Causing an injury or illness you would not have otherwise suffered from.
The rights of non-employees in a workplace aren’t limited to issues surrounding health and safety and the right to take legal action.
If you have been working in a workplace for 12 weeks as an agency worker or more you are entitled to more rights. This is to do with pay and benefits, i.e. sick leave, holidays and work hours and rest breaks.
An employer has an obligation made clear in the Health And Safety At Work Act 1974. This is to ensure that they have done everything reasonably within their power to keep those under their employ and in their workplaces safe from preventable accidents. This legislation extends to not only those who are directly employed by an employer but those who are only temporarily or incidentally present or working on their premises. If you are working there but not employed there, the employer still legally owes you a duty of care. Therefore if you suffer an injury that could have been prevented while working there, you could be entitled to make an injury at work claim.
The standard time limit for making a compensation claim such as an injury at work claim is three years. That is three years from the date of the accident or three years from the date of you finding out about the injuries that were caused by a negligent party. There are exceptions for those who are claiming and are under 18. Also for those who suffer mental incapabilities. Try to make sure that you start the claims process as early as possible.
If you are injured in an accident in the workplace while working as a non-employee, then the first measures you should take should be the same as any other employee. Firstly, you should get yourself to safety and seek medical attention if necessary. If you have your phone to hand, or if one of the other workers does, get photos of the scene and cause of the accident.
All workplaces should have an accident book for logging incidents of workers being injured. You should make sure that your injury is logged in this book. You should also ensure that it is logged in the accident book of your other employer (if you have one) as well. Also, you may have to report the accident to the Health and Safety Executive under the RIDDOR reporting programme. You can find more information about doing that on the Health and Safety Executive website here. Try to seek legal advice about making a claim as early on as you can while all the events are fresh in your mind.
Not all claimants want a solicitor to conduct their claim on their behalf. However, the majority do. For important reasons such as, solicitors will collect all the evidence, argue your case on your behalf, ensure you receive the right amount of compensation. Very often claimants worry about the costs of hiring a solicitor.
However, why not choose a solicitor that provides a No Win No Fee agreement. Also known as a Conditional Fee Agreement. A No Win No Fee solicitor is one where your solicitor will not charge legal fees upfront. Instead, the solicitor will be financed on the basis that, if you win, your solicitor will take a percentage of the award. When using a No WIn No Fee solicitor no payment for legal fees would be expected from you if the claim was unsuccessful.
If you would like to reach our team and receive free legal advice on anything you have read here today use the following methods;
Here are some links to pages on our websites and others that could prove useful to you.
Our page on making an accident at work claims.
Our guide to making a claim against an employer while still employed by them.
Our guide to making a compensation claim for a workplace accident suffered whilst on your probationary period at work.
The most up to date statistics (2019/20) on workplace deaths, injuries and work-related accident for workers in Great Britain.
Page by KT
Published by AL.