Have you experienced a work-related accident while being self-employed and it wasn’t your fault? Just because you are not a permanent employee does not mean you cannot make a compensation claim as a self-employed individual.
Can I claim for an accident at work if self employed?
Many self-employed individuals mistakenly believe that, due to having fewer rights and benefits under UK law compared to “workers” or “employees,” such as holiday pay or sick pay, they are ineligible to make a compensation claim if they sustain injuries at work.
However, if you provide your services regularly to a specific employer and have signed an agreement as a freelancer or contractor, that employer has the same responsibility under UK health and safety regulations to provide a safe working environment for you, as a self-employed person, as they do for regular employees.
The rationale behind this is that some industries, such as construction frequently engage self-employed workers like plumbers, electricians, and carpenters to perform substantial amounts of work on their projects. It would be unjust if a contractor were injured in a work-related accident that wasn’t their fault, yet they had no recourse to claim compensation from those whose negligence caused their injuries, simply because they were hired on a self-employed basis.
While your statutory rights differ as a self-employed worker compared to permanent employees, if someone else’s negligence leaves you unable to work and ineligible for sick pay, you shouldn’t be at a disadvantage.
Examples of when you can claim for an accident at work if self employed
- When your employer tells you that you are self-employed for ‘tax reasons’
- When you are paid cash in hand
- When you work on a construction site, farm or factory as a sub-contractor or ‘subbie’
- When your accident is caused by the negligence of the owner of the premises
- When your accident is caused by the use of defective work equipment you are ask to use.
- When your accident is caused by a dangerous method of work you are asked to undertake
- When you are asked to do dangerous work without proper training.
Case Studies – Claims we have dealt with for our ‘self employed’ clients
- A window cleaner obtained compensation from a householder when he fell down a trench left uncovered by the householder
- A gardener assisting a tree surgeon who was given dangerously defective work equipment and was seriously injured
- A construction site worker who suffered a fractured skull when he was hit by a crane
- A factory worker who had a back injury after he driven into by a forklift truck
- A delivery driver who broke her ankle when she tripped and fell on a defective driveway
- A roofer working as a ‘self-employed’ subcontractor for another company who fell after he was asked to work on a dangerous roof.
Still unsure and need some advice?
We understand that accident circumstances vary and in some cases the answer as to whether you may have a self-employed accident at work claim is not always clear. Seeking advice from a accredited personal injury solicitor is beneficial in a number of ways. Solicitors hold a wealth of knowledge and experience in dealing with accident at work claims of all varieties. Stonehewer Moss offer 30 minute no-obligation consultations, where a solicitor will listen to your story, consider any evidence you may have and advise you on whether you have a potential claim, completely free of charge.
To learn more about making a self-employed injury claim following a workplace injury, call 01606 872200 and speak to a specialist personal injury solicitor, or request a callback using the link or form below.
To learn more about No Win No Fee claims, watch this short video.
Talk to our claims solicitor
Call us on freephone 0800 434 6544 or 01606 87 22 00
Email us at info@stonehewermoss.co.uk
