Are You Eligible To Make A Self Employed Accident At Work Claim?

By Jo Anderson. Last Updated 21st August 2023. Welcome to our compensation for injuries at work guide, which looks at the question, ‘what should I do if I injured myself at work?’. Indeed, we cover everything you might ask. This includes “it’s a self employed accident at work can I claim?” As a self-employed worker, if you suffer an injury while working, you may assume that you have no rights. However, if you have an accident at work while self-employed, and your self-employed injury at work is due to third-party negligence, you could make self employed claims.

Man with a bleeding wrist being examined by a rescue service

Even though you are responsible for your own health and safety as a self-employed worker, there are cases whereby the action that another person has taken or their lack of action could have caused the accident at work you were involved in. If you can prove that someone else is responsible for what has happened to you, and they had a duty of care towards you, you might be able to make a compensation claim.

If you’re still asking yourself, “can I claim after my accident at work if I’m self-employed?” by the time you have finished reading this guide, call us on 0800 073 8801.

Select a section

  1. A guide to claiming for a self-employed accident
  2. Statistics regarding injuries and accidents for self-employed workers
  3. Important steps if you have suffered a workplace injury
  4. When you can make a claim for self-employed accidents
  5. Self-employed slip, trips and falls
  6. Have you been involved in a road traffic accident?
  7. Self-employed injuries at work
  8. Compensation For Injuries At Work – Self Employed Claims
  9. Self Employed Accident At Work Claims With A No Win No Fee Solicitor
  10. Useful links

A guide to claiming for a self-employed accident

If you had a self-employed accident at work, ‘can I claim’ may be something you’re wondering. In some cases, self-employed people could claim for accidents at work, against the owner or operator of the site they’re working at, or from another liable party. In this guide, we’ll explore the question of ‘what should I do if I injured myself at work?’.

Accidents can happen in any workplace. From construction sites and offices to farms and nightclubs, it does not matter where you work; the potential to be involved in an accident at work is real. However, as mentioned, individuals working on a self-employed basis often assume that they have no right to make a compensation claim if they have been injured.

Under the Health and Safety at Work etc. Act 1974 (HASWA) employers owe all employees, including contractors, a duty of care. This means they must take reasonably practicable steps to reduce risks in the workplace. If you suffered injuries while self employed in an accident at work, you might be eligible to claim compensation. You must be able to prove that your self employed injury at work was caused by a breach in the duty of care.

Statistics regarding injuries and accidents for self-employed workers

The Health and Safety Executive (HSE) have also provided statistics regarding non-fatal injuries at work throughout Great Britain. For 2020/21, they have stated that 441,000  non-fatal injuries were self-reported by workers in the Labour Force survey. There were 51,211 non-fatal injuries reported by under RIDDOR. In the table below, you will be able to see accidents that resulted in non-fatal injuries, with slips, trips, and falls make up the biggest portion of non-fatal injuries within the United Kingdom.

Graph of most common work place accidentstatistics

Important steps if you have suffered a workplace injury

Are you wondering, ‘what should I do if I injured myself at work?’. If you have suffered an injury whilst self-employed, it is important to gather as much evidence as possible. Examples include:

  • Medical records.
  • Photographs of the scene.
  • Injury photographs.
  • Witness contact details.

Aside from this, you need to report the accident to the company you were working for at the time. This is because all businesses employing ten or more employees are required to have an accident book by law; your accident must be recorded in this. This will also help you with your claim because it serves as an official record of what happened.

For more information on wondering ‘what should I do after a self employed accident at work’, please get in touch today or read on.

When you can make a claim for self-employed accidents

If you suffered a self employed injury at work and are eligible to make a personal injury claim, you must start within the three-year time limit as set by the Limitation Act 1980. The time limit usually starts from the date of the accident. However, it could also start from the date you realised the self employed accident at work resulted in harm, such as with industrial diseases,

There are exceptions where the time limit can be suspended. These include:

  • If the claimant suffered a self employed injury at work while under the age of 18. A litigation friend could start a claim on their behalf. However, if a claim is not started, the time limit begins when they turn 18, and they will then have three years to start a claim.
  • If the claimant was self employed and injured at work but lacks the mental capacity to start a claim a litigation friend could start one for them. However, if they regain capacity and a claim has not been started, they will then be given three years to start a claim.

Our advisors can provide guidance on your potential self employed accident at work claim if you get in touch today.

Self-employed slip, trips and falls

As mentioned earlier, you may be wondering ‘what should I do if I’m self employed and injured at work?’ after a slip, trip or fall. There are many different ways such an accident can happen, for example, if the person you are working for has failed to maintain the working environment or fell from a height because you did not receive the correct training.

Have you been involved in a road traffic accident?

Similarly, you may be wondering ‘what should I do if I injured myself at work?’ if you were involved in a road traffic accident. In many cases, you might be able to claim if you have been involved in a road traffic accident and you can prove that third-party negligence was at fault. For example, if you are a self-employed taxi driver and another vehicle crashed into you, you would be able to make a claim.

Self-employed injuries at work

As previously stated, you could claim for injuries sustained in the workplace as a self-employed individual. There are several different reasons why you may need to make such a claim. In such cases where someone is self-employed and hurt on the job, one of the following will usually be true:

  • The business you were working for controls the working processes you need to follow and the environment.
  • You spent most of your time working at the business, and you were injured while working there.
  • You work for the company, and their working environment was unsafe, and this is why the accident happened.

If I am self-employed and an accident at work happens, who do I report it to?

Certain injuries must be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). These include if you suffered a reportable injury in a self employed accident at work. This is the responsibility of your employer. However, you could report an injury to the owner/operator of the premises.

Are you unsure whether you’re eligible to claim your self employed injury at work? Please give us a call.

Compensation For Injuries At Work – Self Employed Claims

If you successfully claim compensation for a self employed injury at work, you could receive damages for the pain and suffering you’ve experienced due to your injuries. This head of claim is known as general damages. Successful claimants who can prove they’ve sustained out-of-pocket expenses due to their injury could also include special damages in self employed claims. The costs can include care costs, travel expenses and medical expenses.

When it comes to general damages payouts for a self employed injury at work, legal professionals would look at all the circumstances and facts of the case. For example, they could assess how severe the injury was, whether it’s affected you psychologically and what impact it has had on your quality of life, for example.

They can also use the Judicial College Guidelines for claims in England and Wales to arrive at an appropriate value for compensation for injuries at work.

We have provided the table below including figures from these guidelines. However, these are only a guide and are not reflective of what you will receive.

Edit
What part of the body have you injured? How severe was the injury? Description What is the typical payout for this type of injury?
Leg (b) (i) Serious Most serious leg injuries short of amputation £96,250 to £135,920
Leg (b) (iv) Moderate Multiple fractures or crushing injuries with increased vulnerability to future damage £27,760 to £39,200
Foot (c) Very severe Permanent and severe pain and disability or amputation to one or both feet £78,800 to £189,110
Foot (d) Severe Causing considerable permanent effects £41,970 to £70,030
Foot (e) Serious Surgery often needed to correct the issue. £24,990 to £39,200
Foot (f) Moderate Use of foot lost temporarily. Very painful. £13,740 to £24,990
Hand (f) Severe fracture Loss of the fractured finger is possible, or surgery may be used to correct it. Up to £36,740
Hand (i) Partial loss of finger function Temporary loss of use of finger. Surgery may be used to correct this. £12,170 to £18,740
Toe (c) Severe Temporary loss of use. £9,600 to £13,740
Toe (e) Moderate Person will not loss their toe, but will be very painful. Up to £9,600

Self Employed Accident At Work Claims With A No Win No Fee Solicitor

If you are eligible to make a personal injury claim for a self-employed injury at work, you might wish to get help from a solicitor. A solicitor could help you with many aspects of a claim, such as gathering evidence and negotiating compensation on your behalf.

One of our solicitors may be able to help you with your claim on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). Under this arrangement, you will not have to pay them any upfront or ongoing fees for their services. Furthermore, if your claim is unsuccessful, you will not have to pay them for their work.

Instead, they would deduct a success fee from your compensation settlement if your claim is successful. The percentage that this fee can be is capped by the law.

To speak to an advisor about whether one of our No Win No Fee solicitors could assist with your claim for being injured at work while self employed, you can contact them by:

Useful links

Below, you can find some useful links on accident at work claims:

Thank you for reading our guide about making a self employed accident at work claim.