1. Can You Claim Compensation if You’re Self-Employed?
Yes, self-employed individuals can still make a work accident claim if someone else was responsible for the incident. While you may not be employed by a single company, you still have legal protections if:
- A client, contractor, or third party failed in their duty of care
- Unsafe work environments or equipment caused your injury
- You were working under the control of a business or organisation
You don’t need to be on payroll to be eligible for compensation if negligence caused the accident.
2. Common Accidents Affecting the Self-Employed
Self-employed workers operate in various industries, often exposed to the same risks as employed staff. Common workplace accidents include:
- Slips, trips, and falls on-site
- Falls from ladders, scaffolding, or elevated platforms
- Injuries from machinery or faulty tools
- Electrocution or burns
- Exposure to hazardous substances
- Manual handling injuries (lifting, pulling, carrying)
Whether you’re a builder, freelancer, driver, or contractor, you have the right to safety and can seek compensation for injuries caused by others.
3. Who Can You Claim Against?
If you’re self-employed and injured, you may be able to claim against:
- A contractor or company that hired you
- The owner of the premises where the accident occurred
- Another worker or subcontractor who acted negligently
- Equipment suppliers, if faulty tools or machinery caused the injury
Responsibility is determined by who had a duty of care over your work environment or tools at the time of the accident.
4. What Compensation Can You Claim For?
If your accident at work was caused by negligence, your claim can include:
- General damages for pain, suffering, and emotional distress
- Special damages, such as:
- Medical expenses
- Lost income during recovery
- Damage to tools or equipment
- Travel costs for treatment
- Ongoing care or rehabilitation
Your solicitor will calculate a fair compensation amount based on how the injury has impacted your health and livelihood.
5. What to Do After an Accident at Work (Self-Employed)
Taking the right steps after an accident strengthens your claim:
- Seek medical attention immediately and keep all records
- Report the accident to the site manager, contractor, or property owner
- Document the scene: take photos of the hazard and injuries
- Collect witness details if others saw the incident
- Preserve any damaged equipment for evidence
- Contact a personal injury solicitor with experience in self-employed claims
Quick action ensures crucial evidence is captured and deadlines are met.
6. Time Limits for Making a Claim
In the UK, you usually have three years from the date of the accident to start a compensation claim. However, there are exceptions:
- For individuals lacking mental capacity, time may be extended
- For children (under 18), the limit begins when they turn 18
Delaying your claim can make it harder to prove negligence, so it’s best to act swiftly.
7. Do You Need a Solicitor?
Yes. Claims involving self-employed individuals can be legally complex, especially when proving liability. A solicitor can:
- Determine who is legally responsible
- Gather medical and factual evidence
- Handle all legal paperwork and negotiations
- Ensure you claim all entitled compensation
- Often operate on a “No Win, No Fee” basis
This makes legal representation accessible, even if you’re facing financial difficulty due to the injury.
Frequently Asked Questions
Q1: What if I’m self-employed but working on someone else’s site?
You can still claim if the site owner or main contractor failed in their duty of care and caused your injury.
Q2: Can I claim if I’m a sole trader?
Yes. Sole traders are eligible for compensation like any other injured worker, as long as another party was at fault.
Q3: Do I need insurance to make a claim?
No. Your personal insurance isn’t required. The claim is made against the responsible party’s insurance.
Q4: Can I claim if the accident was partly my fault?
Yes. Your compensation may be reduced under contributory negligence, but you can still claim if another party was partly responsible.
Q5: What if I’m a subcontractor under a larger company?
You may be able to claim against the main contractor if they controlled your working conditions and failed to keep the site safe.
Q6: Can I claim for time off work and lost income?
Yes. Special damages cover loss of earnings, including projected future losses if your injury affects your ability to work long term.
Conclusion
Being self-employed doesn’t mean you’re without protection after a workplace accident. If someone else’s negligence caused your injury, you have the right to seek compensation. By acting promptly, gathering evidence, and working with a skilled solicitor, you can recover your losses and focus on your health and future.
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