If you have suffered an injury at work as a self employed person, you may be wondering what rights you have to seek compensation. In order for you to claim personal injury compensation, you need to show that a breach of duty of care caused you to sustain injuries.
Injury at work while self employed claims guide
Employers owe their employees a duty of care. This means that they have a responsibility to take reasonably practicable steps to ensure the safety of those who work for them. This duty also extends to other parties, including members of the public and self employed contractors that they hire.
While the average payout amount for an injury at work claim may not be useful to you because of the factors that go into deciding a settlement, we have included a compensation table to illustrate how claims could be valued. Furthermore, we look at the two different kinds of damages that could be included in a claim.
In addition, this guide will look at how workplace accidents could happen and the steps you could take to collect evidence. We’ll also explain the advantages of a No Win No Fee agreement when working with a lawyer on your claim.
For free legal advice on the claims process or to see if you could start your claim today, you can:
- Get in touch on the number at the top of this page
- Start your claim online
- Write to us online through the live chat bubble.
Choose A Section
- I’ve Suffered An Injury At Work While Self Employed, Can I Claim?
- Am I Owed A Duty of Care By My Employer?
- I’ve Suffered An Injury At Work While Self Employed – Potential Compensation Amounts
- How To Make A Work Injury Claim – Evidence You Could Use
- Why Use No Win No Fee Accident At Work Solicitors?
- Learn More About How To Claim For An Injury At Work When Self Employed
I’ve Suffered An Injury At Work While Self Employed, Can I Claim?
The Health and Safety At Work etc Act 1974 requires all employers to take reasonably practicable steps to reduce or remove risks in the workplace. A breach in this duty of care could result in an accident that causes an employee to be injured.
If you’re a self employed contractor who has been hired to work in a workspace, then the employer owes you a duty of care. We will take a closer look at what this means in the next section.
The Health and Safety Executive (HSE) are the regulatory body for workplace health and safety in Great Britain. They also collect statistics that relate to the number of accidents that occur in workplaces. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) makes it a requirement to report certain accidents at work.
For more information on whether you have a valid claim for an injury at work if you are self employed, speak with an advisor today.
Am I Owed A Duty of Care By My Employer?
As we have already mentioned, employers have a duty of care in the workplace. If this duty is breached, then it could cause injury to employees and self employed contractors, both of whom they owe this duty of care.
The following could occur as the result of a breach of duty:
- A slip, trip or fall that happened because a trailing lead was not tidied away
- A fall from a height in a factory caused by a spill on the floor that was not cleaned up
- A needlestick injury that happens because you were not given the correct personal protective equipment to do your job.
You cannot claim just because an accident causing an injury has occurred. You must be able to show that it happened as the direct result of a breach of duty of care in order to claim. A breach of duty of care that leads to an injury is known as negligence.
What Are My Responsibilities?
The HASAWA applies to any self employed person who:
- Works in a job role that is specified within this legislation; or
- Carries out activities that could pose a risk to the health and safety of others.
If you’re a self employed contractor, then you have a duty of care to everyone else working in the space to take reasonable care of their health and safety, as well as your own.
If you would like to know if you have a valid claim for an injury at work as a self employed person, why not speak with a member of our team today? You could be connected with a No Win No Fee solicitor from our panel.
I’ve Suffered An Injury At Work While Self Employed – Potential Compensation Amounts
If you’ve been injury at work as a self employed party, then you may be wondering how much you could get in compensaiton. If you make a successulf claim, then your settlement might consist of general and special damages.
General damages are awarded to try and compensate for the pain and suffering that your injuries have caused you; these are awarded in every successful claim. In order to value this head of your claim, you could be invited to attend an independant medical assessment so that the impact of your injuries can be determined and detailed in a report.
Below, we have included guideline settlement brackets from the Judicial College Guidelines. Solicitors can use this document to assist them in assigning values to injuries in claims.
| Type of Injury | Severity | Description | JC Guideline Award Bracket |
|---|---|---|---|
| Head | (c) Moderate (i) | Cases of moderate deficit to personality or intellect with impact on sight, senses and speech | £150,110 to £219,070 |
| Neck | (a) Severe (i) | Incomplete paraplegia and little or no neck movement despite wearing a collar constantly for years | In the region of £148,330 |
| Hand | (c) Total or Effective Loss of One Hand | Crush injuries that then necessitate full amputation or partial removal of fingers and palm resulting from traumatic injury | £96,160 to £109,650 |
| Knee | (a) Severe (i) | Gross ligament damage and serious disruption to the joint causing considerable pain and lengthy treatment | £69,730 to £96,210 |
| Back | (a) Severe (ii) | Nerve root damage causing loss of sensation, impaired mobility and bladder or bowel function | £74,160 to £88,430 |
| Back | (b) Moderate (i) | Compression or crush fractures to lumbar, where there is constant pain and need for spinal surgery | £27,760 to £38,780 |
| Leg | (b) Severe (iii) Serious Injuries | Significant compound or comminuted fractures requiring prolonged treatment and period of non-weight bearing, plus near certainty of arthritis | £39,200 to £54,830 |
| Foot | (e) Serious | Injuries that give continuous pain and increase the likelihood of traumatic arthritis. | £24,990 to £39,200 |
| Elbow | (b) Less Severe Injuries | Injuries that cause impaired function but do not entail significant disability or require major surgery | £15,650 to £32,010 |
| Ankle | (c) Moderate | Fractures and ligament tears that making standing difficult. Residual scarring and risk of arthritis | £13,740 to £26,590 |
Because the amount you’re awarded will be impacted by a number of different factors, we recommend using these figures as a guide only.
What Other Damages Could I Recieve In An Accident At Work Claim?
As well as general damages, you could also claim for out-of-pocket expenses that you incurred because of the accident in which you were injured. These are referred to as special damages.
Special damages could include:
- Lost income because you have had to take time off to recover
- Adaptations you need to make to your home and car
- Travel costs to essential hospital appointments or work
- Medical expenses for treatments not freely available through the NHS
- Care costs from family, friends or paid professional carers.
You could also use our claim calculator to see how much your case could be worth. You will need to provide evidence of special damages, for example payslips, invoices and bills. Speak with one of our advisors for free legal advice about the process of claiming for an injury at work when self employed.
How To Make A Work Injury Claim – Evidence You Could Use
Evidence could strengthen your accident at work claim. Some of the evidence you could use to prove a claim include:
- Photos or CCTV of the area where the accident happened
- Photos of your injuries
- The contact details of witnesses to the negligent circumstances who would be willing to give a statement
- Medical evidence
- A copy of the accident book entry
You don’t have to work with a solicitor in order to make a claim, but they could make the process easier in a number of ways. For example, they could help you in the process of collecting evidence.
If you’re thinking, “I have had an injury at work and I am self employed; can I claim?”, then speak with our advisors today. they could offer you free legal advice about whether your case is valid.
Why Use No Win No Fee Accident At Work Solicitors?
A No Win No Fee solicitor can offer a funding option to start a claim with reduced financial risk. Conditional Fee Agreements are a popular form of this kind of agreement.
With this kind of agreement in place, you usually won’t be asked to pay your lawyer anything upfront or as the claim progresses. Furthermore, they generally won’t ask you to pay for their services if you’re not awarded compensation.
If the claim is successful, your solicitor will take a success fee from your settlement. However, you will always receive the majority of the compensation you’re awarded because a legal limit applies to this fee.
Injury At Work Self Employed Free Legal Advice – Contact Us Today
If you would like to understand more about how a No Win No Fee agreement could help you after an injury at work as a self employed party, please get in touch. Our advisors offer free, impartial advice. You can:
- Get in touch on the number at the top of this page
- Start your claim for self employed injury at work online when you contact us
- Write to us through the live chat bubble
Learn More About How To Claim For An Injury At Work When Self Employed
Below, we’ve included links to more of our guides that you might find helpful:
- Help on how to find workplace injury solicitors
- Read more about claiming for an injury at work
- Guidance on how long a work injury claim takes
We have also included additional resources below:
- The HSE have guidance on the duties of self employed people
- Government guidance on working for yourself
- NHS advice on when to call 999
For guidance on making a claim for an injury at work if self employed, speak with one of our advisors today.
Writer Jeff Winch
Publisher Fern Strauss