By Marlon Marquardt. Last Updated 6th January 2023. In this guide, we will look at the process of claiming compensation if you’ve suffered a self-employed injury while working. This guide will explain under what circumstances you could make a personal injury claim, how, as a contractor, you may be able to receive compensation.
Self-employed injury claims guide
We will also examine the importance of duty of care in workplace health and safety. Furthermore, we look at the benefits of using a No Win No Fee personal injury solicitor from our panel.
Our advisors are available 24/7 and can advise you about whether you’re eligible to claim. They can also provide you with a compensation estimate with no obligation to use our services. Additionally, if you want to claim compensation and you have a valid claim, they can also put you through to our panel of solicitors.
Contact us at a time that’s convenient for you using the details below.
- Call us now on 0800 408 7825
- Contact us through our website
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Select A Section
- What Is A Self Employed Injury Claim?
- Protections The Self Employed Have At Work
- What Workplace Accidents Could Cause Self Employed Injuries?
- Why You Should Claim For A Self Employed Injury
- What Should The Self Employed Do If Injured At Work?
- How To Calculate Self Employed Injury Payouts
- Start Your Self Employed Injury Claim
- Find Out More About Self Employed Injury Claims
What Is A Self Employed Injury Claim?
Whether you are a contractor or self-employed, if a company hires you to work on their premises, they have a duty of care to take reasonably practicable steps to keep you safe. This legal obligation is outlined in the Health and Safety at Work etc. Act 1974.
If a company fails in their duty of care to you, for example, by not providing adequate training or the correct equipment, and you are subsequently injured, you may have grounds to claim personal injury compensation. However, you must be able to prove that it was an employer’s breach of duty of care that caused the accident at work and your injuries.
Additionally, you must have proof of any physical or psychological injuries you suffered, as well as evidence of any financial losses you sustained as a direct result of the accident. We’ll discuss examples of evidence you could provide if you are self-employed and have had an accident at work further on in this guide.
Get in touch if you have suffered an injury at work and are self-employed. Our advisors could connect you with one of the expert solicitors from our panel.
Protections The Self Employed Have At Work
This section will provide more detail as to the employer’s duty of care. As previously stated, in Great Britain, their legal obligations are highlighted in the Health and Safety at Work Act 1974. In the Act, it states that their duty includes:
- Ensuring, as far as reasonably practicable, the health, safety and welfare of all of their employees.
- The maintenance and provision of plant and systems of works, within reason, that are safe and without risks to health.
- The provision of training, information, instruction and supervision as necessary to ensure, within reason, the employee’s health and safety.
- The maintenance and provision of a working environment that is reasonably safe, without risks to health.
The Health and Safety Executive (HSE) helps implement and monitor safety regulations in the workplace across Great Britain. It partly does this by offering guidance to employers so they’re aware of how to meet health and safety standards. This includes ensuring that the employer has a health and safety policy in place and ensuring that employees can get immediate medical help if required.
Certain kinds of incidents and injuries should also be reported to the HSE. This is so that the rate of certain kinds of injuries in different industries can be tracked.
If you’re a self-employed worker or a contractor, and you’re working on a site where the employer breaches the duty of care, you could sustain a self-employed injury as a result. If this is the case, you may be able to claim compensation.
What Workplace Accidents Could Cause Self Employed Injuries?
Working in any environment comes with inherent risks, meaning that a self-employed injury can happen in many different kinds of circumstances. This section will provide examples of accidents and injuries that could be caused by negligence.
They include:
- Construction industry injuries – These types of environments can involve manual handling roles or roles that involve working with large machinery. For instance, you could suffer a back injury because you’re asking to carry an object that is too heavy without proper training.
- General accidents at work – Using faulty equipment, such as a ladder, could lead to you falling off it and seriously injuring yourself. If you can show that the negligence of the employer led to you using the faulty equipment, you may be able to claim.
- Road traffic accidents when driving at work – Similar to driving on the road, you need to use vehicles safely and securely when in a workplace. If you’ve been injured because an employee has knocked you over with a workplace vehicle because they weren’t trained to use a forklift, for example, then you may be able to claim.
- Slips, trips and falls – You could suffer an ankle injury due to falling on a slippery floor. However, it’s important to note that you’d only be able to claim if there were no warning signs present and if the spill hadn’t been cleaned up within a reasonable time frame.
There are a number of other accident types that could result in you sustaining a self-employed injury. Speak with a member of our team today to see if you are eligible to claim.
Why You Should Claim For A Self Employed Injury
You may be wondering what the benefits are when claiming after a self-employed injury. Many workers who are self-employed are unable to receive Statutory Sick Pay (SSP) which can put more financial strain on your family if you’re unable to work. Therefore, making a claim can:
- Cover the loss of earnings. A successful claim will not only acknowledge the pain and suffering caused by the injury but could cover the earnings you’ve lost because of the injury as well as future loss of earnings if you’re unable to work for the foreseeable future.
- Award you general damages. Compensation for general damages takes into account how the injury has negatively impacted your life. This includes assessing how you’re now able to perform tasks and activities as well as any mobility issues caused.
- Enable you to receive special damages. Special damages can cover the financial losses suffered due to the injury. This doesn’t just mean loss of earnings, as highlighted above. You could also claim for medical expenses, such as prescriptions, private healthcare costs, travel expenses and the costs of hiring a private nurse, for instance.
We will go into more detail about general damages and special damages below. However, if you have more questions about the types of damages you can claim for, please contact our team of advisors for free legal advice.
They can answer any queries you have about suffering a self-employed injury and confirm things like how long you have to make a claim. Please contact them at a time that works for you using the details above.
What Should The Self Employed Do If Injured At Work?
If you’re a sub-contractor and you’ve been injured at work, evidence is vital in order to claim for compensation. This is because, without it, it’s difficult to link the actions of the responsible party to the injury you’ve suffered.
Showing causality between the two is crucial to successfully making an accident claim. Examples of evidence you could use if you’ve suffered a self-employed injury includes:
- CCTV footage
- A statement from someone who saw the incident occur; you can collect their details at the time so a statement can be taken later on
- Photographs of the scene of the accident
- Medical scans
In addition to this, you will be invited to a medical appointment as part of your claim. Here, the severity of your injuries will be determined and the medical expert will create a report. This report will be used to value your claim.
A personal injury solicitor can help you collect the evidence needed to support your case. Get in touch with our team of advisors today for a no-obligation assessment of your claim; if it’s valid, you could be connected with a No Win No Fee solicitor from our panel.
Self Employed Injury At Work – Claim Time Limits
The general time limit for starting a personal injury claim is 3 years from the date of the accident.
If the claimant was under the age of 18 when they were self employed and injured at work, their limit will is suspended until they turn 18 and can pursue a claim themselves. Before this point, a litigation friend must be appointed to act on their behalf.
People who lack the mental capacity to claim can also have a litigation friend appointed on their behalf. Their claim will not have a time limit unless they make a recovery.
This information is taken from the Limitations Act 1980. You can reach out to one of our advisers for more information about to claim if you were self employed and had an injury at work.
How To Calculate Self Employed Injury Payouts
As we’ve already mentioned, there are two potential heads of claim that you could receive in a successful claim for a self-employed injury. General damages relate to the physical and psychological damage caused by the injury, as well as the general decline in your quality of life. Special damages relate to the financial losses experienced due to the injury.
There are two things to consider when attempting to claim special damages:
- Firstly, you would need financial evidence, such as receipts, invoices and bank statements. Importantly, when claiming for these damages, you need to prove the value of the losses you’re claiming, which is why this evidence is vital.
- Secondly, if you don’t receive general damages compensation, you won’t receive special damages. This is because, by not receiving general damages, the court has ruled that the third party in question was not liable for your injuries, and so can not be held liable for the costs that you incur because of them.
Work from the Judicial College can give you a better idea of the compensation for general damages you could receive in a personal injury claim. They analyse previous payouts, comparing them to the severity and nature of the injury. By doing this, they’ve been able to create compensation brackets which you can see below.
| Injury Type | Severity | Compensation Amount | Description |
|---|---|---|---|
| Brain | Moderate (i) | £150,110 to £219,070 | Cases in this bracket include ones that cause moderate to severe intellectual deficit, an effect on sight and a personality change. |
| Leg | Severe (ii) | £54,830 to £87,890 | Injuries in this bracket cause permanent mobility problems, causing the need for mobility aids or crutches for the rest of the injured person’s life. This includes incidents that lead to multiple fractures requiring extensive treatment, taking years to heal. |
| Digestive System | Severe | £43,010 to £61,910 | Injuries in this bracket result from traumatic injury and lead to severe damage with continuing discomfort and pain. |
| Foot | Severe | £41,970 to £70,030 | This bracket includes injuries such as fractures to both heels causing mobility restriction or permanent and considerable pain. |
| Impairment of Taste and Smell | Loss | In the region of £39,170 |
This level of compensation is for injuries that have caused a total loss of smell and taste. |
| Kidney | Loss | £30,770 to £44,880 | Injuries in this bracket lead to the loss of one kidney with no damage caused to the other. |
| Ankle | Moderate | £13,740 to £26,590 | Injuries in this bracket include ligamentous tears and fractures causing disabilities such as difficulty walking or standing for long periods of time. |
| Knee | Moderate (ii) | Up to £13,740 | This bracket includes torn meniscus or cartilage or dislocation injuries that are less severe than they potentially could be, as well as twisting, bruising or laceration injuries. |
| Psychiatric Damage Generally | Moderate | £5,860 to £19,070 | Injuries in this bracket cause problems with factors like the injured person’s ability to cope with work, life and education. Other factors that affect the level of compensation is the effect it has had on their relationships with family and friends. |
| Eye | Minor | £3,950 to £8,730 | Cases in this bracket are for minor injuries, such as being struck in the eye and damage from exposure to fumes, including smoke. |
It’s important to remember that these figures will just give you a rough estimate of what you could receive. For a more accurate assessment of your claim’s value, speak with a member of our team today.
Interim Payments For A Self Employed Injury Claim
If you are making a claim for an injury at work as a self employed worker, it is likely that your contractor will not owe you statutory sick pay. However, if you are concerned about struggling financially during your claim, you could potentially apply for interim payments.
It is also possible to request interim payments from the defendant. This usually applies in claims where the claimant has a great need for the payment, and the defendant is either highly likely to be found liable or has already admitted liability and is merely negotiating the final settlement amount.
If you are a worker that is self employed, injury benefits such as the Employment Support Allowance might be available to you. This can help cover some of your financial expenses and losses if your injury leaves you unable to work.
Please speak to one of our advisors if you have been seriously affected and want to see if you could be eligible to access interim payments in your self employed accident at work claim.
Start Your Self Employed Injury Claim
Our panel of personal injury solicitors work on a No Win No Fee basis. This means that:
- You wouldn’t have to pay your solicitor’s legal fees either upfront or during the claims process.
- You would only pay your solicitor once you’ve been awarded compensation. This means that your solicitor will not waste your time. They will only take your case if they feel you have a good chance of success.
- In the event of an unsuccessful claim, there will be nothing for you to pay your solicitor.
You don’t need to just rely on a personal injury calculator to see what you could receive. Our advisors offer free legal advice, are available 24/7 and can answer any questions or queries you may have about claiming for a self-employed injury. Furthermore, they can provide you with a compensation estimate and put you through to our panel of personal injury solicitors.
Our panel have years of experience in personal injury law and could provide you with the legal guidance for you to receive compensation. Contact us at a time that works for you.
- Call us now on 0800 408 7825
- Contact us through our website
- Write to us using the Live Chat window on your screen.
Find Out More About Self Employed Injury Claims
To learn more about claiming compensation, please use the links below.
HSE provide statistics on self-reported workplace injuries.
If you’ve suffered a broken bone and would like medical guidance, please refer to the NHS website.
The HSE also clarifies the first aid at work regulations, which you can find on their website.
Do you have more questions like, “Do I get paid if I get injured at work?” If so, visit this page on our website for more information.
For more about how to claim lost wages due to a work injury, visit this webpage.
What are your rights after an accident at work? To find out more about this, please read this article on our website.
To learn more about whether you can claim for a self-employed injury, please refer to our advisors at a time that works for you.
Guide by AU
Publisher ET