If you’re self employed and have been injured at work, you might think you can’t claim compensation. But, self employed workers have the same legal rights to claim compensation as permanent employees when someone else is to blame. Whether you were injured on a construction site, in a client’s workplace, or while using faulty equipment, you may be entitled to compensation.
If you’re a self employed contractor, freelancer or sole trader, this comprehensive guide will outline everything you need to know about how to sue for a self employed accident at work and how our panel of expert solicitors can support self employed injury claims.
Key takeaways:
- You can claim compensation if another responsible party caused your workplace injury
- You must gather strong supporting evidence to make a successful claim
- You typically have 3 years to start your claim from the date of the accident
- You can claim for both physical injuries (and the psychological impact that arises from these), and financial losses
- Claims can be made on a No Win No Fee basis with our panel of solicitors
Contact our team of advisors today to find out if you’re eligible to make a self employed accident claim. You can contact us at any time for free:
- Call 0800 408 7827
- Fill out our Contact Us form
- Send a message in our live on-screen chat box.
Jump To A Section
- How To Sue For A Self Employed Accident At Work
- What Compensation Can I Get After Being Injured At Work?
- Who Will I Be Claiming Against If I’m Self-Employed?
- What Should I Do After Being Injured At Work?
- If I’m Self-Employed, Will A Compensation Claim Impact My Job?
- Can I Make A No Win No Fee Accident At Work Claim If I’m Self Employed?
- More Information
How To Sue For A Self Employed Accident At Work
To sue for a self employed accident at work, you must prove that each of the following eligibility criteria apply:
- A responsible third party owed you a duty of care
- They failed to meet their responsibilities and breached their duty of care
- This breach led to your injury
Even though you are self employed, there are several third parties that may owe you a duty of care. These third parties include businesses and individuals who pay you to do work, occupiers of the premises where you have been contracted to work, or even the employer of someone else who injured you.
Our panel of personal injury solicitors work hard to gather evidence, build a strong case, and guide you through the claims process with minimal disruption to your livelihood.
Contact our advisors now for free, no-obligation advice on how to sue for a self employed accident at work. They can confirm your self employed injury claim eligibility today.
What Are My Rights As A Self Employed Worker?
Under the Health and Safety at Work Act 1974, employers must take reasonable steps to ensure the safety of their employees, as per their duty of care. This duty is extended to include self employed workers under Section 3 of this act. So, if you are contracted to work on the site of another employer, they owe you a duty of care.
Some reasonable steps include:
- Maintaining a safe working environment
- Providing suitable Personal Protective Equipment (PPE) where required
- Carrying out regular risk assessments
- Giving you information and training on any known hazards
You are also owed a duty of care while working on a client’s premises, under the Occupiers’ Liability Act 1957. Those who control public places (occupiers) must take steps to ensure the reasonable safety of every lawful, public visitor of their space, as per their duty of care.
In summary, the above legislation outlines that businesses and individuals who engage or host self employed workers owe them a duty of care.
If you have been injured as a self employed worker, reach out to us today for a free claim eligibility check.
What Compensation Can I Get After Being Injured At Work?
The compensation you could receive after being injured as a self employed worker may be divided into two categories: general and special damages.
Special damages account for the financial losses that have resulted from your injuries, whereas general damages are awarded for the physical and emotional suffering you’ve endured.
The Judicial College Guidelines (JCG) is a document often used by legal professionals to help calculate general damages. The JCG contains guideline compensation brackets for a variety of different injuries.
In the table below, there are some guideline compensation brackets for just a few types of injuries that could be suffered in a workplace accident. Apart from the top figure, these have all come from the JCG.
Please remember that these figures can’t be guaranteed as all personal injury claims are unique.
| Type of injury | Severity of injury | Guideline compensation brackets |
|---|---|---|
| Multiple serious injuries plus special damages, such as costs for lifetime care and future loss of earnings | Serious | Up to £1,000,000+ |
| Paralysis | Tetraplegia (a) | £396,140 to £493,000 |
| Paraplegia (b) | £267,340 to £346,890 | |
| Brain damage | Very severe (a) | £344,150 to £493,000 |
| Moderate (c)(i) | £183,190 to £267,340 | |
| Leg | Severe (b)(i) the most serious injuries short of amputation | £117,460 to £165,860 |
| Less serious (c)(i) fractures from which an incomplete recovery is made or serious soft tissue injuries | £21,920 to £33,880 | |
| Wrist | Complete loss of function (a) | £58,710 to £73,050 |
| Less severe (c) | £15,370 to £29,900 |
Don’t guess how much compensation you could be owed, contact our advisors today for a tailored estimate.
Calculating Self Employed Accident At Work Compensation
When calculating compensation, several factors under general damages and special damages are considered.
Some factors that are considered while general damages are calculated include:
- The severity of your injury and pain.
- How long the recovery period will be, if a full recovery is even possible.
- Loss of amenity – this is the loss in your ability to enjoy your day-to-day life. For example, you may be unable to participate in your usual hobbies while you are injured.
Some types of financial losses that can be reimbursed under special damages include:
- Lost earnings if you’re unable to work
- Medical expenses and travel costs
- Home help or childcare you’ve had to pay for
To build a strong case, you’ll need evidence such as receipts, payslips, bank statements, and invoices showing the sudden your financial losses.
Speak to our team now to understand how we calculate compensation after a self employed accident at work.
Who Will I Be Claiming Against If I’m Self-Employed?
In self employed claims, the person or organisation responsible for causing your injury will usually be the one you claim against. This could be:
- A client or company hiring your services
- A site manager or premises owner
- Another contractor or business on-site
Here are some examples of how these parties can breach their duty of care and be liable for your injuries as a self employed worker:
- An external contractor erected scaffolding unsafely on a building site, and did not inspect it prior to you using it. This led to you, as a self employed construction worker, falling from a height as the scaffolding collapsed. From this, you sustained serious injuries, such as brain damage and paraplegia.
- As a self employed worker in a warehouse, the site manager instructed you to use a forklift that was malfunctioned. Because the brakes on the forklift were defective, you couldn’t stop the vehicle and subsequently crashed into a wall in the warehouse. This led to a back injury.
- You’re a self employed electrician installing lighting in a stairwell. However, those responsible for building in maintenance failed to repair the broken handrail. As you’re walking down the stairs, the handrail falls off, causing you to fall and break your neck.
Let our panel of personal injury solicitors help establish liability. Contact our advisors today.
What Should I Do After Being Injured At Work?
If you have been in a self employed accident, you should first seek medical attention and report the incident in an accident report book if available (or email your client/employer).
You should then contact us and start to gather your evidence. Your evidence must show how your injuries were caused by a breached duty of care.
Such evidence includes:
- Copies of your medical reports from when you sought medical attention.
- Photographs of the accident scene and your injuries.
- Contact details from any witnesses.
- CCTV footage of the accident.
- A copy of the accident report book from when your incident was reported.
- Financial documents, such as receipts.
You should also ensure you begin your claim within the accident at work claims time limit, which is within 3 years of the accident. This time limit is set out in the Limitation Act 1980.
Exceptions to this time limit apply to those who are under the age of 18, and those who lack their full mental capacity. For more information on this, please ask us.
Contact our team now to learn more about how to sue for a self employed accident at work. We can talk you through the claims process step by step.
If I’m Self-Employed, Will A Compensation Claim Impact My Job?
Understandably, self employed individuals may worry that making a claim could affect future work. However, your right to seek justice should not compromise your livelihood.
If you are unable to work, and this was caused by the fault of a third party, the compensation that you seek could help to cover financial commitments, such as mortgages, bills, childcare, ad travel. Without this compensation, you may fall into a desperate financial position.
Can I Make A No Win No Fee Accident At Work Claim If I’m Self Employed?
Yes. At How To Sue, we work with a panel of personal injury solicitors who can handle your case on No Win No Fee terms. Specifically, through a Conditional Fee Agreement (CFA).
This means:
- You don’t pay upfront or ongoing solicitor fees
- You won’t pay any solicitor fees at all if your case is unsuccessful
- Instead, if your claim is successful, a small percentage will just be taken out of your compensation by your solicitor. This is called the ‘success fee’, which is legally capped to ensure that you keep the majority of your compensation no matter what.
This arrangement is particularly helpful for self employed workers, who may face financial stress after a workplace accident.
Our panel will handle the claim while you focus on your recovery and returning to work.
Contact Our Panel Of Solicitors
If you’re wondering how to sue for a self employed accident at work, let us take the pressure off. Our expert advisors are ready to:
- Assess your eligibility
- Connect you with a personal injury lawyer who offers No Win No Fee terms.
- Explain your rights and the claims process
So, speak with an advisor today. We can give you free advice and while under no obligation:
- Call 0800 408 7827
- Fill out our Contact Us form
- Send a message in our live on-screen chat box.
More Information
For further reading and support, consider these external resources:
- Health and Safety Executive – Your Duties as a Self-Employed Worker
- GOV.UK – Employment Status
- Citizens Advice – If You’re Self-Employed
Here are some of our related guides also:
- How to sue a former employer for an injury.
- Learn more about the benefits of working with a work injury solicitor.
- How to make a minor injury at work claim.
If you’ve suffered injuries in a self employed accident, don’t wait. We are here to help you make a self employed injury claim with confidence. Contact us today to learn more about how to sue for a self employed accident at work.