I Am Self-Employed And Had An Accident At Work – Can I Claim?
By Lewis Cobain. Last Updated 3rd November 2023. This guide will provide you with information about self employed claims. If you have suffered an injury while self-employed, you may wonder whether you have the same rights to seek compensation as a full-time employee.
The duty of care that employers owe employees and any self-employed persons carrying out work-related duties on their premises is the same. Should an employer break it and you suffer injuries as a result, you could be eligible for compensation.
Within this guide, we will discuss an employer’s duty of care in more detail and the eligibility criteria you must meet to be able to make a personal injury claim. We will also look at the types of injuries you may suffer and the heads of claim that could be awarded for successful cases.
If you are eligible to make a personal injury claim, you may wish to have the support of a solicitor. This guide concludes with a look at the benefits of having a No Win No Fee solicitor to work on your claim.
If you had an accident at work and would like to find out if you are eligible to claim, please get in touch with an advisor from our team. In addition to a free eligibility assessment, they can answer any questions you may have.
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- I’m Self-Employed And Had An Accident At Work – Can I Claim?
- Self-Employed Injury At Work Claim Examples
- What To Do If You’ve Been Injured As A Self-Employed Person
- Compensation Payouts For An Injury At Work When Self-Employed
- How Legal Expert Can Help You If Injured While Self Employed In An Accident At Work
If you are self employed and were injured at work, you may consider seeking compensation. However, in order to make a valid accident at work claim, you must be able to demonstrate that any injuries you sustained were caused by another party’s negligent actions.
When you enter the premises of another workplace, you are owed a duty of care by the controller of that space. For example, if you are a self-employed joiner and you are brought onto a building site, you are owed a duty of care by the contractor in charge of that of the building site.
If the party owing you this duty were to breach it, resulting in an accident in which you are injured, you may have grounds to make a valid claim
.It should be noted that if you are self employed, an accident at work claim must be started within the time limit. Continue reading for more information. Alternatively, contact an advisor from our team to learn more.
Self-Employed Injury Claim Time Limits
When making a self-employed injury claim, you’ll need to ensure you take action within the limitation period to avoid the risk of your claim being statute-barred. As outlined in the Limitation Act 1980, you typically have three years from the date of the accident to start a personal injury claim.
However, if a young person is self employed and has an accident at work, they have three years from their 18th birthday to begin a claim. Additionally, if someone is injured at work but lacks the mental capacity to make their own claim, the time limit is suspended unless they ever regain the required mental capacity.
In the circumstances mentioned above, a litigation friend can act on behalf of a claimant whilst the time limit is suspended. For example, a parent, relative or solicitor. They must not have conflicting interests with the claimant and should be able to make decisions about the case that are fair and competent.
Please get in touch if you have any questions about the time limits that might apply to your case. Our advisors are available 24/7 and can help you free of charge.
If you suffer a self-employed injury at work, you may wonder whether you could claim compensation. If an employer owed you a duty of care and a lapse in it resulted in a self-employed accident at work, you might have an eligible claim.
Examples of when you might make a claim as a self-employed person could include:
- Broken bones suffered in a slip, trip and fall due to poor housekeeping.
- Lacerations due to faulty employer equipment.
- Falls from height due to insufficient railings.
- Injuries suffered in a work-related traffic accident due to vehicle maintenance failure.
The above list is not exhaustive. Other injuries could result in an eligible claim.
Call our advisors to discuss your eligibility to make a self-employed claim for compensation.
If you were injured at work while self-employed, as we mentioned in the previous section, it’s important to collect evidence to support your accident at work claim. Without any proof of your employer’s negligence or your injuries, self-employed claims are unlikely to be eligible for compensation.
Therefore, considering gathering evidence, such as:
- Accident reports – you should report the accident as soon as you’re able to. This can serve as vital evidence and also confirms that the accident actually happened.
- Medical records – if you visited a hospital or GP practice regarding an injury you sustained, this will be on your medical record. You are legally able to request your medical records.
- Medical report – a diagnosis from an independent medical expert can prove the extent of any injuries you have sustained.
- Photographic evidence – as well as taking photographs of your injuries, you should photograph the scene of the accident and any hazards that may have caused your injury.
- CCTV footage – if where you were working had CCTV footage, you can request the footage of your accident.
Have you had an injury at work while self-employed? Our expert personal injury solicitors have years of experience. Using their expertise, they can cover all bases of your claim and help you collect evidence to support your claim.
To be able to receive compensation at all for an accident at work as a self-employed person, you would need to prove that your injury was the result of third-party negligence.
If negligence has caused you to suffer an injury at work when self-employed, you may want an idea of what compensation you could receive. Your compensation amount could be made up of general damages and special damages. General damages relate to the suffering and pain caused by the injury. Special damages, on the other hand, solely relate to the financial losses caused by the injury.
The Judicial College Guidelines can give you a clearer idea of your potential compensation amount. The below figures relate to past general damages compensation that has been awarded in England and Wales for certain injuries.
These figures have been taken from the latest guidelines, published in 2022. However, please remember that there are no guarantees regarding what compensation you could receive as every claim is different.
|Back Injury||Severe (i)||Severe damage to the spinal cord and nerve roots that lead to serious consequences.||£91,090 to £160,980|
|Leg Injury||(b) (ii) Very Serious||The person will suffer with permanent mobility issues and will require mobility aids/crutches for the rest of their life.||£54,830 to £87,890|
|Knee Injury||Severe (ii)||Constant and permanent pain with limited movement due to a leg fracture that has extended into the knee joint.||£52,120 to £69,730|
|Ankle Injury||Very Severe||A transmalleolar fracture with severe soft tissue damage that results in a deformity.||£50,060 to £69,700|
|Arm Injury||Less Severe||The person will suffer with significant disabilities but they will have had a large recovery (or will be expected to).||£19,200 to £39,170|
|Elbow Injury||Less Severe||The elbows function is impaired but it will not require major surgery or result in a significant disability.||£15,650 to £32,010|
|Neck Injury||Moderate (ii)||A disc lesion or wrenching-type injury that results in seriously limited movement and cervical spondylosis.||£13,740 to £24,990|
|Foot Injury||Modest||Puncture wounds, ruptured ligaments or simple metatarsal fractures with continuing symptoms.||Up to £13,740|
Special damages is entirely dependent on the amount of any related financial losses you have suffered due to your injury. For example, you may have lost out on earnings due to being unable to work or needed to pay for domestic healthcare. You would need evidence to prove the value of what you are trying to claim. This could include providing receipts, bank statements and invoices.
If you’re self-employed and have been injured at work due to negligence, you can find out more information about the claims process by calling us for free. Our advisors can give you a compensation estimate that relates to your injury and connect you with a specialised solicitor who could help you build a compensation case.
To find out if you could make a self-employed accident at work claim call our advisors today for a free assessment of your case. If they find that you have an eligible personal injury claim for an accident at work while self-employed they could offer to connect you with a No Win No Fee solicitor.
Our No Win No Fee solicitors provide their services under a Conditional Fee Agreement (CFA), this means you don’t pay any upfront fees for their work, nor do you pay for this work to continue. If your claim does not succeed, then you won’t pay any fees at all for their services.
If your claim does succeed, then your solicitor will take a success fee from your compensation. They take this as a small, legally capped percentage. The legal cap helps to make sure that the majority of your compensation stays with you.
Contact Our Team
If you’re self-employed and had an injury at work, contact our team of advisors today. They can offer a free evaluation, through which they can identify whether your claim could be valid, and may be able to connect you with a solicitor.
For more information:
Below, you can view other guides that we can offer for more insight into making a claim for an injury at work:
- You can learn more answers to popular queries by reading our accident at work FAQs guide
- Can I make a work injury claim if I have left the company?
- Can I lose my job if I make a claim against my employer?
- Claiming when injured because of tiredness or fatigue
- I hurt myself while at work, can I claim?
- What should I do if I cut off my finger while at work?
- Burn injury at work claims guide
- Industrial dermatitis compensation claims
- What are my rights if I was injured at work?
- Is my employer liable for my work accident?
- What steps can I take if I hurt myself in work?
- I was injured at work, who covers my medical bills?
- Claiming when injured during your probation period
- Who pays for damages following a work accident?
- Slipped on water while at work – Can I claim?
- Does your employer pay for your medical bills following a work accident?
- Can I still claim for a work injury if I didn’t take time off?
- Can only employees start a workplace injury claim?
- Making a claim for an injury at work as a new employee
- A guide to proving an accident at work claim
- Is it a must to be an employee when making a workplace accident claim?
- What if you don’t report an injury or accident before a claim?
- Agency worker accident claims
- What to do if you’re dismissed for an accident at work
- Can I still claim for a work accident when partly at fault?
- No safety boots work accident claims
- Can apprentices make work injury claims?
- Claiming for a work head injury due to a lack of helmet
- No safety goggles work accident claims
- Accident at work claim time limits explained
- What responsibilities does my employer have if I have an accident at work?
- What problems could suing my employer create?
- Work accident claims for inadequate tools and equipment
- The maximum weight you can lift while at work explained
- What are my rights in regards to accident at work claims?
- Who should record any injuries that occur at work?
- How much time do I have to claim for a work injury?
- How to claim if you fell down the stairs at work