In this guide, we examine how to claim compensation if you suffer an injury in a self-employed accident at work. We examine the legislation that governs health and safety in the workplace and whether this applies if you are injured at work while self-employed. Additionally, we look at examples of what could cause a self-employed subcontractor accident at work.
If it can be established that the party that hired you as a subcontractor owed you a duty of care and you were injured due to their negligence, you might be able to claim compensation. We take a look at the evidence you could use to support your workplace injury claim.
In addition, we look at examples of compensation payouts for different injuries. We also explore the different kinds of damages that can be awarded in personal injury claims. Should your claim seem valid, you may wish to hire legal representation. We explore No Win No Fee solicitors and how you can hire one to support your claim.
If you have any questions, please get in touch with our advisors:
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Choose A Section
- What Is A Self-Employed Accident At Work?
- Examples Of Situations That Lead To Work Accidents
- How Can Someone Prove The Cause Of An Accident?
- Calculating Compensation For A Self-Employed Accident At Work
- What Are The Advantages Of Appointing A No Win No Fee Solicitor?
- Learn More About Making A Self-Employed Accident At Work Claim
You may be wondering if you can claim compensation for a self-employed accident at work. According to the Health and Safety Executive (HSE), health and safety laws may apply if you are self-employed.
Certain self-employed parties can carry out work on behalf of others. For example, if you own a construction site, then you may have individuals that you employ. However, you could use a self-employed plasterer in addition to this. They will not have all of the rights of an employee (for example, they may not be entitled to maternity leave or other requirements). However, the employer would still owe them a duty of care.
Call our advisors to find out if you have a valid self-employed accident at work claim.
Self-Employed Work Accident Statistics
The HSE records statistics for reportable incidents amongst workers. Although these statistics don’t specifically relate to self-employed workplace injuries, they are injuries reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
For 2021/22 there were a total of 61,713 non-fatal reportable incidents.
- 5,691 lacerations
- 16,936 sprains and strains
- 18,289 fractures.
If you are a self-employed subcontractor and have an accident at work, you could be eligible to claim compensation for your injuries. Being a contractor means that, although self-employed, you were hired on a freelance basis to supply your skills to a particular company or sole trader. If this is the case, will have been owed a duty of care under section 2 of the Health and Safety at Work etc. Act 1974 (HASAWA).
What this means is that all employers, including those that hire subcontractors, are expected to take reasonably practicable steps to ensure employee safety. This includes the safety of self-employed parties who are carrying out work for them.
Examples of accidents at work include:
- A slip, trip or fall due to clutter. If you’ve suffered an injury in a self-employed accident at work because the company that hired your services had untidy walkways, you might be able to claim.
- Fall from a height. For example, if the company that hired your building services does not provide appropriate railings, this could result in a fall that causes a head injury.
- Struck by a moving object. This could occur because of a lack of maintenance on a certain piece of machinery.
- Road traffic accident. For example, if you are a self-employed delivery driver, but are supplied with a company vehicle that is faulty, then this could cause an accident in which you’re injured.
Call our advisors to discuss the circumstances surrounding your self-employed work injury. If they feel your claim is valid, they could connect you with a No Win No Fee lawyer from our panel.
In order for you to claim compensation, the injuries you suffered in a self-employed accident at work must have been caused by negligence. This means that the company or person hiring you breached the duty of care that they owed you, resulting in the accident that harmed you. You will need to submit evidence to prove your self-employed workplace injury was caused by negligence.
Evidence could include:
- Medical records.
- CCTV, dashcam or mobile footage.
- Photographs of your injuries if applicable.
- Photographs of the accident scene.
- Witness contact details.
You may wish to seek legal advice from accident at work lawyers. No Win No Fee lawyers could support your self-employed injury at work claim by helping you gather evidence. For example, your accident at work lawyer could take a witness statement from someone who saw what happened.
Call our advisors to learn what evidence you could submit to support your self-employed workplace accident claim.
You may wish to use an accident at work claims calculator; however, these may not be able to consider everything you could claim for. That’s because each personal injury claim is unique. For example, some personal injury claims include special damages, which we’ll look at below.
Your self-employed accident at work claim will seek to compensate you for your pain and suffering. This is known as general damages. The Judicial College Guidelines (JCG) help value general damages by providing guidelines for compensation amounts. The table below contains rough claiming figures from the 16th edition of the JCG.
Injury Notes Potential Compensation
Less severe arm injuries Substantial recovery from significant disabilities has taken place or is expected. £19,200 to £39,170
Moderate neck injuries (i) Severe immediate symptoms from fractures and dislocations. £24,990 to £38,490
Moderate back injuries (ii) Could include ligament and muscle disturbance injuries causing backache, prolonged acceleration or exacerbation of pre-existing back condition from soft tissue injuries or prolapsed discs. £12,510 to £27,760
Moderate foot injuries (f) Permanent deformity and continuing symptoms from displaced metatarsal fractures. £13,740 to £24,990
Loss of sight in one eye (g) Minor permanent vision impairments to one or both eyes, such as double vision or bright light sensitivity. £9,110 to £20,980
Minor head injury Minimal brain damage, if there was any at all. Some continuing symptoms, such as headaches may occur. £2,210 to £12,770
Traumatic injury to digestive system (iii) Lacerations, penetration wounds or serious seat-belt pressure. £6,610 to £12,590
Chest injury (e) Residual damage to lungs without permanent interference from toxic fume or smoke inhalation. £5,320 to £12,590
Less serious leg injuries Tibia and fibula fractures that are simple in nature or soft tissue injuries. Up to £11,840
Cheekbone fracture (ii) Complete recovery but with reconstructive surgery for simple cheekbone fractures. May include minimal cosmetic impact. £4,350 to £6,460
As stated above, some personal injury claims include special damages. This head could recover expenses you incurred due to your accident at work when self-employed. However, you will need to prove what you spent or lost, such as by presenting receipts or wage slips.
You could claim back:
- Loss of earnings.
- Carer costs.
- Home and vehicle adaptions.
- Medical expenses.
The list above isn’t fully comprehensive. Each claim will be different. For example, a self-employed car accident may include rental costs for another car while yours is being repaired.
Call our advisors for a free estimate of your self-employed accident at work claim. If you have a valid case, you could be connected with a No Win No Fee solicitor from our panel.
You may wish to have legal representation for your sole trader injury at work claim. A No Win No Fee solicitor could support your claim. They may do so under the terms of a Conditional Fee Agreement (CFA).
No Win No Fee solicitors typically won’t charge you an upfront solicitors fee for work on your self-employed work accident claim. If your claim for a self-employed injury at work succeeds, a success fee will be taken from your compensation. The amount that can be taken is legally capped. If your accident at work claim is not successful, you usually won’t be expected to pay for your solicitor’s services.
Begin Your Self-Employed Accident At Work Claim
Our advisors can assess the validity of your self-employed accident at work claim. If it seems eligible, you could be passed onto our panel of solicitors. To get in touch:
- Call the number at the top of the screen.
- Contact us online.
- Use the live chat.
Additional accident at work guides:
- Making a Successful Accident at Work Claim
- Claim Time Limit For An Accident At Work
- Accident at Work Procedure for Making a Claim
Websites you might find useful:
Writer Danielle Blanche
Publisher Fern Styles