If you were injured while working for cash in hand, you may still be entitled to claim compensation. Your right to make a personal injury claim does not depend on whether you were paid formally through PAYE or informally in cash. Employers still owe a legal duty of care to anyone working for them, including casual, temporary or cash-in-hand workers. If you were injured because of unsafe working conditions, lack of training or employer negligence, you may be able to claim compensation for your injuries, financial losses and other damages. Many claims can be made on a No Win No Fee basis.
Working for cash in hand is common across many industries, including construction, hospitality, cleaning and manual labour. But if you are injured in this type of work, it can leave you unsure of your rights.
Many people assume that because they were not officially employed, they cannot claim compensation. This is not the case.
If you were injured while working for cash, the key issue is not how you were paid, but whether someone else was responsible for your safety. Employers and those in control of a workplace still have a duty to take reasonable steps to protect you from harm.
If that duty was breached and you were injured as a result, you may be able to make a claim.
At Legal Expert, our experienced solicitors help individuals across the UK understand their rights after workplace injuries, including those working informally or on a cash-in-hand basis.
Contact our team today for free, no-obligation advice and find out whether you could start your claim.
4.8 (466 reviews)
We're No Win No Fee Solicitors Trusted by thousands to win compensation.
Is Working For Cash In Hand Illegal?
You might be wondering, ‘are cash in hand payments legal in the UK?’ This method of payment itself is not illegal, as long as relevant taxes and National Insurance deductions have been carried out before you are paid. Your employee should always give you a pay slip, which you can use to determine what deductions have been made.
Although paying cash in hand is legal, if taxes have not been paid, then this is against the law. By doing this your employer could also be in breach of health and safety laws that apply to the workplace. Therefore, if you were injured in an accident at work and were paid cash in hand without paying taxes, you could sue your employer for negligence.
Get in touch at any time for free advice from our friendly team of advisors. They can put you in touch with our accident at work solicitors and can answer any questions you might have, such as, ‘is working cash in hand illegal?’.
Proving That You Were Owed A Duty Of Care
Whether you were employed or self-employed at the time of the accident, you have the legal right to safety while you work. Two laws are relevant to making a personal injury claim for accidents that took place while working for cash in hand. These are:
- The Health and Safety At Work etc Act 1974 states that employers must take reasonable steps to ensure the safety of their employees. Whether you were paid in cash or by bank transfer for your work, this duty of care applies.
- The Occupiers’ Liability Act 1957 stipulates that those in control of public spaces must take steps to ensure the reasonable safety of all visitors. So you were working as a contractor on unsafe premises, and you were injured because of this you could be entitled to compensation.
Whether you are an employee or self employed individual, the criteria to begin a personal injury claim are the same:
- A third party owed you a duty of care at the time of the accident.
- This duty was breached in some way.
- As a result of this breach, an accident occurred in which you were injured.
For a free assessment of your eligibility, contact our advisors today using the details provided above.
How Long Do I Have To Claim?
If you work cash in hand or work a job for cash, the time limit for starting a claim remains the same as it is for all personal injury claims. This is three years starting from the date the accident occurred, as set out by the Limitation Act 1980. This legislation also outlines the exceptions in place, which include:
- Claimants under the age of eighteen: The time limit is frozen for those under the age of eighteen and is reinstated on their eighteenth birthday. A litigation friend can claim on their behalf while the time limit is suspended.
- Those who lack the mental capacity to claim for themselves: The time limit is suspended indefinitely for those who lack the mental capacity to make a claim for themselves. If they recover the appropriate capacity, the time limit will reinstate on their recovery date. Otherwise, a litigation friend can make their claim on their behalf.
To learn more about the accident at work claims time limit or to start your claim after being injured at a job paying cash in hand, contact our team today.
Authorised, Regulated and Trusted By Thousands:
Meet Our Legal Experts
Patrick Mallon
Head Of Accidents at Work and Senior Solicitor
- Solicitor of England & Wales
- Regulated by the SRA
- 20+ years experience
Specialist In
Road traffic accidents
Workplace injury
Serious injury
"Patrick has helped countless clients get compensation for serious injuries, helping them get their lives back on track."
View Full Profile
Antony Jennings
Head Of Personal Injury Claims
- Fellow of CILEX
- 20+ years experience
- Civil Litigation Expert
Specialist In
Road traffic accidents
Workplace injury
Serious injury
"Antony is a Fellow of the CILEX with over 20 years’ experience in personal injury and civil litigation."
View Full Profile
Clare Morris
Head Of Serious Injury Claims
- Chartered Legal Executive
- 20+ years experience
- Complex Claim Specialist
Specialist In
Road traffic accidents
Workplace injury
Serious injury
"Since qualifying in 2005, Clare has acted on behalf of clients in complex claims involving catastrophic injuries."
View Full Profile
How To Prove A Personal Injury Claim
There are various ways in which you could prove that an accident took place if you were injured while working for cash. You could use:
- A report in an accident book
- Photographs of the scene
- Photographs of your injury
- Witness details
- RIDDOR reporting – if you have sustained a specified injury in the workplace, you would be required to report this under RIDDOR yourself if you were self-employed. Your employer has a duty to report specified injuries to RIDDOR if you are an employee too.
- Medical report – you would need to see an independent doctor as part of your claim. They could verify you were injured while working for cash and could provide a medical report to back up your claim.
If you are concerned about what evidence you would need to claim for an accident at work that happened while you were working for cash, we could help. Our expert team could advise you on what evidence could be useful when looking to make a claim.
How Much Compensation Can You Claim After Getting Injured?
If you were injured while working for cash in hand, and your claim is successful, you could be awarded compensation under two different heads of loss. These are:
- General damages: compensates for the physical and as well as psychological harm caused by the accident.
- Special damages: financial losses stemming from that harm can be compensated under this head of loss.
When solicitors or other parties involved in your case come to calculate a possible compensation figure for your claim, those assigned to this task can make reference to the Judicial College Guidelines (JCG) alongside your medical evidence.
The JCG publication contains guideline compensation amounts for different types of injury. We have taken a few of these values and used them to create this compensation table.
Compensation Table
Please be advised that the information given here is intended as guidance only. The top entry was not taken from the JCG.
| Injury | Severity | Amount Guideline |
| Multiple Very Severe Injuries In Addition To Substantial Financial Losses. | Very Severe | Up to £1,000,000 and above |
| Neck Injuries | Severe (i) | In the region of £181,020 |
| Moderate (i) | £30,500 to £46,970 |
| Leg Injuries | Severe (ii) | £66,920 to £109,290 |
| Severe (iii) | £47,840 to £66,920 |
| Other Arm Injuries | Substantial and Permanent Disablement | £47,810 to £73,050 |
| Less Severe | £23,430 to £47,810 |
| Foot Injuries | Serious | £30,500 to £47,840 |
| Moderate | £16,770 to £30,500 |
| Back Injuries | Moderate (ii) | £15,260 to £33,880 |
Losses And Expenses You May Be Compensated For
In addition to the compensation you could receive for the injuries you’ve sustained you could also be compensated for costs and losses you’ve incurred as a direct result of your injuries.
These could include:
- Loss of earnings – if your injuries have caused you to miss work, you may have lost out on income. Such losses could be included within your claim.
- Care costs – some injuries may lead you to need help at home with tasks such as washing or dressing, for example. Care costs could be included as part of your claim.
- Travel expenses – if you’ve attended medical appointments or appointments with your lawyer, and have incurred costs because of these, you could include them within your claim.
- Medical expenses – if you’ve had to pay for prescription medicines, counselling or physiotherapy, these could all be included within your claim.
It is vital that you keep any proof of financial expenses that have arisen from your injuries. Bank statements, receipts, payslips and bills could all help ensure you claim everything you’re entitled to.
No Win No Fee Claims If You Were Injured While Working For Cash
If you would like the assistance of a personal injury lawyer when making a claim for compensation, you may be under the assumption that this would come with upfront costs. However, if you choose to work with a lawyer under No Win No Fee terms, this would mean you would not pay anything until your case was completed and your compensation payout had come through.
Before you begin a No Win No Fee claim, you would be sent an agreement, known as a Conditional Fee Agreement, which you’d be asked to sign. This lays out the success fee that would be payable to your solicitor once a compensation settlement has been arranged. The success fee represents a small proportion of your compensation payout and is legally capped.
Once this signed agreement had been signed, your lawyer would begin building your case and fight for the maximum compensation possible for you. You wouldn’t be expected to pay them anything throughout this process, but once they’d negotiated a payout for you, their success fee would be deducted from it.
In the event that a compensation settlement wasn’t reached, you would not pay the success fee. You would not pay the costs that your solicitor had incurred during the claims process either.
If you would like us to provide you with a personal injury solicitor who works under No Win No Fee terms, or ask us anything further about the No Win No Fee payment arrangements, please don’t hesitate to get in contact with us.
Contact Us Today
Are you ready to begin a claim for compensation, or would you like us to answer some questions about your eligibility or the claims process? Whatever you need, we’re ready to help you. You can get in touch with us in a number of ways:
Frequently Asked Questions (FAQ)
Below, you can find answers to some common questions we get asked in our experience about being injured while working for cash
Can I Claim Compensation If I Was Injured While Working Cash In Hand?
Yes. You can still claim compensation if you were injured while working cash in hand. Your right to claim is based on whether your employer or another party was negligent, not on how you were paid.
Do I Have Any Legal Rights If I Was Not Officially Employed?
Yes. Even if you were not formally employed, you are still owed a duty of care. Those responsible for the work environment must ensure it is reasonably safe.
Can I Make A Personal Injury Claim Without A Contract?
Yes. A written contract is not required to make a personal injury claim. What matters is proving that you were working for someone and that their negligence caused your injury.
What If My Employer Denies I Worked For Them?
This can happen in cash-in-hand situations. Evidence such as messages, bank transfers, witness statements or photographs can help prove your working relationship.
Can I Claim If I Was Paid In Cash And Not Declaring Income?
Yes. You may still be able to claim compensation. However, there could be implications depending on your circumstances, and it is best to seek legal advice.
Who Is Responsible If I Am Injured While Working For Cash?
Responsibility usually lies with the person or company controlling the work. This could be an employer, contractor, site manager or business owner.
Can I Claim For Lost Earnings If I Was Paid In Cash?
Yes. You may still be able to claim for loss of earnings, although proving your income may require additional evidence such as payment records or witness statements.
What Evidence Do I Need For A Cash-In-Hand Injury Claim?
You may need medical records, photographs of the accident scene, witness details, messages confirming work arrangements and any proof of payment.
Can I Make A No Win No Fee Claim If I Was Working For Cash?
Yes. Many solicitors offer No Win No Fee agreements for workplace injury claims, including those involving cash-in-hand work.
What If I Was Injured On A Construction Site While Working For Cash?
You may still be able to claim if safety procedures were not followed. Construction sites carry high risks, and those in control must ensure proper safety measures are in place.
Can I Be Sacked For Making A Claim?
You are protected by law from unfair treatment for making a legitimate claim. If you are dismissed or treated unfairly, you may have further legal options.
How Long Do I Have To Claim After Being Injured While Working For Cash?
You usually have three years from the date of the accident to start a personal injury claim. It is best to seek advice as soon as possible.
Quick References
Other Claims We Could Help You With
Thank you for reading our guide on whether working cash in hand is illegal and if you can still claim if you are injured while working.
