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:
Choose A Section
- When Could You Claim For A Self Employed Injury At Work? – A Guide
- Can You Claim If You Suffer An Injury At Work While Being Self Employed?
- What Could You Receive From A Work Injury Claim?
- Potential Evidence When Claiming For A Self Employed Injury At Work
- Why Make A No Win No Fee Self Employed Injury At Work Claim?
- Learn More About Making A Work Injury Claim
If you are self employed, you may be wondering if you are still eligible to claim compensation following an injury at work caused by negligence.
Employers owe a duty of care under the Health and Safety At Work etc. Act 1974 (HASAWA) and need to take reasonably practicable steps to prevent injury. This is owed to their employees, but also to those who might be affected by their work practices. This includes self-employed contractors who carry out work in the space.
When making an accident at work claim, you must be able to establish that:
- The employer owes you a duty of care
- There was a breach of this duty
- This breach of duty led to your injuries
If an employer breaches their duty of care towards you and this leads to you suffering an injury, this is known as negligence. If you can show that your injuries resulted from negligence, you may be entitled to claim for an accident at work.
Please contact us in the ways listed at the top and bottom of this guide if you require more information.
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.
There are two areas of compensation you may be eligible for in a successful accident at work claim, the first being general damages. General damages cover the pain and suffering you have experienced because of your injuries.
The Judicial College Guidelines (JCG) give lawyers and solicitors guidance on valuing injuries by offering compensation brackets. You can find some examples of these below. However, these figures are not guaranteed, and the financial outcome of your actual settlement may differ.
|Injury Resulting From Brain Damage||Moderate (c) (i)||Sensory impairment with a moderate to severe intellectual deficit. Effect on sight, speech, and senses, and no prospect of employment.||£150,110 to £219,070|
|Injury Resulting From Brain Damage||Moderate (c) (ii)||A moderate to modest intellectual deficit with some risk of epilepsy, and the ability to work is greatly reduced.||£90,720 to £150,110|
|Neck Injuries||Severe (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 £148,330|
|Neck Injuries||Moderate (b) (i)||Fractures, dislocations or soft tissue damage that may necessitate a spinal fusion.||£24,990 to £38,490|
|Back Injuries||Severe (a) (iii)||Disc lesions, soft tissues, or fractures that lead to chronic conditions even with surgery.||£38,780 to £69,730|
|Back Injuries||Moderate (b) (i)||Residual disability is less severe than in the bracket above. This bracket includes compression/crush fractures that present a risk of osteoarthritis.||£27,760 to £38,780|
|Other Arm Injuries||Less Severe Injury (c)||A substantial degree of recovery has occurred or is expected to despite significant disabilities at the outset.||£19,200 to £39,170|
|Shoulder Injuries||Serious (b)||Dislocation of the shoulder and damage to the brachial plexus. Sensory symptoms in arm and hand, weakness of grip.||£12,770 to £19,200|
|Shoulder Injuries||Moderate (c)||Frozen shoulder. Movement is limited, and symptoms persist for two years.||£7,890 to £12,770|
|Injuries to Pelvis and Hips||Lesser Injuries (c) (i)||No residual disability despite injuries being significant.||£3,950 to £12,590|
Special Damages Compensation In A Claim For An Accident At Work
You might be entitled to special damages if making a self-employed injury at work claim. This is a head of claim that takes into account the financial losses that your injury has caused you.
For example, under special damages, you may be able to claim back:
- Loss of earnings
- Transportation costs to and from medical appointments
- Care or medication costs
Our advisors can give you more information on claiming compensation for an injury at work when you get in touch today. If you have a valid claim, you could be connected with a solicitor from our panel.
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.
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:
If you found our guide useful, please explore more of our information below:
- How To Make A Successful Claim For A Back Injury At Work
- Can My Employer Sack Me After I Had An Accident At Work?
- Could I Make A Compensation Claim For A Sprained Ankle At Work?
If you would like further information, please click on the external resources below:
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