A Guide To Making A Self Employed Injury At Work Claim

By Cat Todd. Last Updated 2nd May 2024. In this guide, we will look at how you could claim for a self employed injury at work. You could still be eligible to make a work injury claim for an injury caused by negligence despite not being under a contract of employment. 

In this guide, we explore the process of how to make a work injury claim, provide examples of how you could sustain injuries in the workplace, and explain how legal professionals calculate compensation in personal injury claims. 

Furthermore, we look at the possible compensation you may be entitled to receive and the advantages of a No Win No Fee agreement, which could be offered to you by an accident at work solicitor.

Please do not hesitate to get in touch with our team of advisors, who can offer consultations about your self employed injury at work claim at any time of day. They can also offer free legal advice when you:

A construction worker sits on the floor and holds his head in pain

Choose A Section

  1. Can You Claim For A Self-Employed Injury At Work?
  2. Can You Claim If You Suffer An Injury At Work While Being Self-Employed?
  3. How Much Compensation Could I Get For A Self Employed Injury At Work?
  4. Potential Evidence When Claiming For A Self-Employed Injury At Work
  5. Why Make A No Win No Fee Self Employed Injury At Work Claim?
  6. Learn More About Making A Work Injury Claim

Can You Claim For A Self-Employed Injury At Work

When you enter a workplace as a self-employed person, you are owed a duty of care. This means that the employer of that space has to take all reasonably practicable steps to keep you safe while you are there. This is outlined in Section 3 of the Health and Safety at Work etc. Act 1974 (HASAWA).

If they breach this duty of care, and you suffer an injury, this is called negligence. If you can prove that negligence occurred, then you may be able to make a compensation claim. 

For example, if you go into a workplace as a contractor and trip on a loose wire in a walkway, this could cause you to fall. In this case, you may be able to claim for any injuries you sustain as a result of that fall.

To learn more about when you could claim for a self-employed injury at work, contact our team of advisors today. Or, read on to learn more about the steps you could take if you had an injury at work while self-employed.

Can You Claim If You Suffer An Injury At Work While Being Self Employed?

As previously mentioned, under section 3 of HASAWA, you may be able to claim compensation if you are self employed and suffer an injury at work.

However, you must be able to establish that negligence was the cause of your injuries. Some examples of how negligence could cause or contribute to an injury at work include:

  • Slips, trips, and falls: You may slip on a wet floor if it is not properly signposted, or if a spillage isn’t cleaned up in an adequate amount of time.
  • Inadequate personal protective equipment (PPE): You could suffer a head injury or a toe injury at work if an employer fails to prove you with PPE in adequate working order, such as a hard hat or steel-toed boots
  • Lack of training: You may suffer a back injury at work if you are asked to lift an overly heavy object without the required manual handling training.

Even if you are self employed, an injury at work caused by negligence could form the basis of a valid claim. Get in touch with our advisors to learn more.

How Much Compensation Could I Get For A Self Employed Injury At Work?

If you had an injury at work while self employed, you might be wondering how much compensation you could receive.

If you make a successful claim, the compensation you receive can be made up of two heads: general damages and special damages.

Every successful claim will result in general damages. This heading covers the pain and suffering caused by your injuries and the way this affects your life. To help calculate compensation under this heading, those valuing your claim might refer to the Judicial College Guidelines (JCG). This document lists compensation guidelines for a variety of injuries.

Below, you can find some examples of the guideline compensation amounts provided by the JCG. Please note that these aren’t guaranteed and that the first entry isn’t a JCG figure.

JCG Compensation Brackets

Multiple Severe Injuries And Special DamagesSevereMultiple severe injuries with financial losses like lost earnings and travel costs.Up to £500,000+
Injury Resulting From Brain DamageModerate (c) (i)Sensory impairment with a moderate to severe intellectual deficit. Effect on sight, speech, and senses, and no prospect of employment.£183,190 to £267,340
Injury Resulting From Brain DamageModerate (c) (ii)A moderate to modest intellectual deficit with some risk of epilepsy, and the ability to work is greatly reduced. £110,720 to £183,190
Neck InjuriesSevere (a) (i)Incomplete paraplegia. Little or no movement in the neck despite the constant wearing of a collar, and persistent headaches.In the region of £181,020
Neck InjuriesModerate (b) (i)Fractures, dislocations or soft tissue damage that may necessitate a spinal fusion.£30,500 to £46,970
Back InjuriesSevere (a) (iii)Disc lesions, soft tissues, or fractures that lead to chronic conditions even with surgery.£47,320 to £85,1000
Back InjuriesModerate (b) (i)Residual disability is less severe than in the bracket above. This bracket includes compression/crush fractures that present a risk of osteoarthritis.£33,880 to £47,320
Other Arm InjuriesLess Severe Injury (c)A substantial degree of recovery has occurred or is expected to despite significant disabilities at the outset.£23,430 to £47,810
Shoulder InjuriesSerious (b)Dislocation of the shoulder and damage to the brachial plexus. Sensory symptoms in arm and hand, weakness of grip. £15,580 to £23,430
Shoulder InjuriesModerate (c)Frozen shoulder. Movement is limited, and symptoms persist for two years.£9,630 to £15,580

What Are Special Damages?

Not everyone will receive special damages. That’s because compensation under this heading is aimed towards the financial losses caused by your injuries. 

For example, under special damages, you could potentially claim back the cost of:

  • Lost earnings.
  • Prescriptions and medical treatments.
  • Home adjustments.
  • Mobility aids.
  • Childcare.
  • Help with cooking and clean.
  • Professional nursing care.

When making a claim for special damages, you will need to provide evidence of your financial losses, such as payslips, bank statements and invoices.

If you’d like to get more information on what you could claim for after a self employed injury at work, contact our team today.

Potential Evidence When Claiming For A Self Employed Injury At Work

When making a claim, evidence can be extremely useful, as it can help strengthen your case. This could be evidence of an employer’s negligence or evidence that illustrates the impact of your injuries. You can collect this with the help of a solicitor or by yourself.

Examples of evidence that could help your claim can include: 

  • CCTV footage of the accident or the actions that led to the accident
  • Contact details of witnesses so that statements can be taken at a later date
  • Photographs of the injury or scene of the accident
  • Copies of medical records that detail your injuries
  • A diary you kept illustrating the mental impact of your injuries

Is There A Time Limit For Claiming?

You may wonder how long you have to claim after an accident at work. The Limitation Act 1980 states that you can start a claim three years from the date of your accident or from the date that you become aware of how negligence contributed to your injuries.

There are exceptions to this. These include: 

  • If a person was under eighteen at the time of their accident, they have three years from their eighteenth birthday to claim.
  • If a person lacks the mental capacity to make a claim themselves, in the event of regaining their mental capacity, the time limit for starting a claim is three years from this date.

These exceptions are only applicable if a litigation friend has not already claimed on the individual’s behalf. This is a party who claims on behalf of someone who cannot do so themselves.

If you would like to see if you could be entitled to claim, speak with an advisor today.  

Why Make A No Win No Fee Self Employed Injury At Work Claim?

If you are interested in making a self employed injury at work claim, a No Win No Fee solicitor could help make the process seem less stressful. Our panel of solicitors offer legal advice and representation through a Conditional Fee Agreement (CFA). This typically means that you will not be asked to pay an upfront fee in order for them to begin work on your claim, and similarly, they will generally not require any ongoing fees for their services.

Typically, the only fee your solicitor will take under a CFA is a success fee. They take this directly from your compensation as a previously discussed percentage with a legal cap. But, if your claim fails, then you do not usually pay your solicitor for their work.

Contact Us For Free 24/7 To See If You Could Claim For An Accident At Work

If you have any questions regarding your claim, please don’t hesitate to contact our advisors, who can offer you a free consultation. Should your claim be valid, they can connect you with a solicitor from our panel.

To get in contact with us, you can: 

Learn More About Making A Work Injury Claim

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Thank you for reading out guide on how to claim if you are self employed after an injury at work.

Written by Mar

Published by Ham/Sto