If you’re self employed, an injury at work can seriously impact your livelihood, depending on the severity of the harm you sustained. Despite not being under a contract, health and safety laws still apply in some circumstances and if these are breached, you may still be eligible to make a claim if you sustained harm as a result.
We take a look at the legislation in place to protect employee health and safety at work further in this guide and we examples of how an accident in the workplace can occur for self employed workers if these laws are not adhered to.
Additionally, we look at the criteria that needs to be met in order to put forward an injury at work claim and what evidence could be useful in supporting your case. We also discuss how legal professionals calculate compensation for accident at work claims.
Furthermore, we discuss how a No Win No Fee solicitor could benefit your claim.
For more information, please contact our team of advisors. They can offer you a free consultation, which could help you identify whether or not you have a valid claim. You can get in touch with an advisor by:
- Calling our number at the top of this page
- Using the live chat feature
- Filling out our ‘contact us’ form
Self employed injury at work claims guide
A Guide To Claiming For A Self Employed Injury At Work
An injury at work can impact you in different ways depending on the severity, so you may be wondering whether you could be eligible to make a claim. There are certain circumstances in which health and safety laws may still apply to you if you are self employed.
For example, if you are a self employed construction worker doing contract work on a construction site, the site manager would still owe you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they must take all reasonably practicable steps in order to ensure your safety in the workplace. This is known as a duty of care.
To make an accident at work claim, you should be able to establish that:
- You were owed a duty of care at the time and place of the accident
- There is a breach of this duty
- This breach caused your injuries.
If you can establish all three of these points, this is known as negligence. If you can demonstrate negligence occurred, you may be able to seek accident at work compensation.
Please feel free to get in touch with our team of advisors, who can provide you with further information about what you should do if you have had an accident at work. Our contact details are at the top and bottom of this guide.
If I’m Self Employed And Had An Injury At Work, When Could I Claim?
If you’re self employed, an injury at work can happen in a number of ways:
- Faulty equipment: If you are a self employed construction worker, and the site manager allows you to work with faulty equipment, such as a broken ladder, this could lead to you sustaining a broken arm in a construction accident.
- Poor management of known hazards: Slips, trips, and falls in the workplace could occur if known hazards are not addressed. For example, you may have slipped on a wet floor due to a lack of warning signs, or because the spillage wasn’t cleaned up in an adequate timeframe. This could lead to injuries, such as a broken wrist.
- Lack of personal protective equipment (PPE): If you are self employed, you must still be provided with any necessary PPE you need to do your job safely, and this PPE should be in adequate working order. If you do not receive adequate PPE, and this leads to you sustaining an injury, you may be eligible to claim.
As stated, there are many ways that you could be self employed and have an accident at work, and these examples are just a few of the possibilities. To find out if you can claim for your specific circumstances, from a minor accident at work to something more serious, get in touch with our team today.
How To Make A Work Injury Claim – Potential Evidence
If you are self employed and had an injury at work, you may seek compensation if you can demonstrate negligence occurred. There are several steps you can take to do so.
Firstly, receiving the medical attention you require is a priority. This ensures that you get the treatment that you need for your injuries, but it can also help provide evidence of the harm you sustained. This can, in turn, help to strengthen your claim.
Other forms of evidence that could be used to help strengthen your claim include:
- Copies of CCTV footage that may have caught the accident or how the accident occurred
- The contact details of witnesses for statements to be taken at a later date
- Copies of medical records that illustrate the severity of your injuries, both physical and psychological
- Bills, invoices, or other proof of any costs you have incurred as a result of your injuries
In addition to collecting evidence, you must start your claim within three years of the date of the accident or the date you became aware of negligence. There are some exceptions, though.
Contact an advisor today to find out if a solicitor from our panel could help you gather evidence, or to learn more about the accident at work claim time limit in which you have to start your claim and the exceptions that may apply.
What Could I Receive From An Accident At Work Claim?
If you are self employed and had an injury at work, you could be entitled to compensation that addresses the way in which your injury affected your life. If your claim succeeds, you will receive general damages. This is the head of claim that provides compensation for your injuries, and the pain and suffering they cause you.
The Judicial College Guidelines (JCG) provide legal professionals with compensation brackets that assist them in valuing injuries. You can find some examples below. These figures are useful only as guidance and your actual settlement may vary.
| Injury | Severity | Notes | Value |
|---|---|---|---|
| Back Injuries | Severe (a) (i) | Severe damage to the spinal cord. Incomplete paralysis, nerve root damage and impaired bladder/bowel function. | £91,090 to £160,980 |
| Back Injuries | Moderate (b) (i) | Residual disability, though less severe than the brackets above. Compression/crush fractures. Constant pain and discomfort. | £27,760 to £38,780 |
| Neck Injuries | Severe (a) (i) | Incomplete paraplegia/permanent spastic quadriparesis. Little or no neck movement despite permanently wearing a neck collar, and headaches. | In the region of £148,330 |
| Neck Injuries | Severe (a) (ii) | Serious fractures or damage to cervical spine discs that a disability of considerable severity. | £65,740 to £130,930 |
| Neck Injuries | Severe (a) (iii) | Fractures, dislocations, ruptured tendons and damage to soft tissues lead to permanent, significant levels of disability and chronic conditions. | £45,470 to £55,990 |
| Leg Injuries | Less Serious (c) (i) | A reasonable recovery occurs, although there will be a metal implant, limp sensory loss, or other continuing symptoms. | £17,960 to £27,760 |
| Leg Injuries | Less Serious (c) (ii) | Simple fracture of a femur. No injury to articular surfaces. | £9,110 to £14,080 |
| Shoulder Injuries | Serious (b) | Shoulder dislocation and damage to brachial plexus. Weakness of grip and restricted shoulder movement. | £12,770 to £19,200 |
| Shoulder Injuries | Moderate (c) | Frozen shoulder and limited movement. Symptoms persist for two years but are not permanent. | £7,890 to £12,770 |
| Injury to Ring or Middle Fingers | Serious (k) | Fractures/injury to tendons causing deformity and permanent loss of grip fall at the top of this bracket, and displaced fractures in the finger tip fall towards the lower end. | £10,320 to £16,340 |
Special Damages In A Self Employed Injury Claim
You might also be eligible to claim special damages. This head of claim covers the monetary losses you suffered and may suffer in the future as a result of your injuries. For example, these could include:
- Loss of earnings
- Cost of transportation to and from medical appointments
- Cost of medication, professional care, or adaptations to your home to cater to your injuries
You should collect evidence of your financial losses to support your claim for special damages. To learn more about claiming compensation if you are self employed and had an injury at work, get in touch today.
Can I Make A No Win No Fee Claim For An Accident At The Workplace?
If you choose to hire an accident at work solicitor, you could be offered a No Win No Fee agreement. For example, our panel of solicitors can offer their legal services through a Conditional Fee Agreements (CFA) which is one type of these agreements.
This usually means that if your claim is unsuccessful, you will not pay for your solicitor’s services, which is a notable benefit. You will also typically not be asked to pay an upfront fee for your solicitor to begin their work on your claim.
In the event of a successful claim, your solicitor will take a success fee directly from your compensation. But, this amount is legally-capped at a certain percentage, and will be discussed with you beforehand.
Contact Us For Free Legal Advice 24/7
Please do not hesitate to contact an advisor if you have any questions that haven’t been answered by this guide. They can provide free legal advice, and may put you in touch with a solicitor from our panel.
You can get in touch with an advisor by:
- Calling our number at the top of this page
- Using the live chat feature
- Filling out our ‘contact us’ form
Learn More About Claiming For A Self Employed Injury At Work
For further information, the external resources below may be useful to you:
Thank you for reading our guide on how to claim if you are self employed and had an injury at work.
Writer Emily Marrow
Publisher Cat Hamilton/ Meg Martin
