Self Employed Accident at Work Claims
Contact
Maria Tiron
Table of Contents
Understanding self employed workers’ rights
As a self-employed worker, understanding your rights after a workplace accident is crucial. While your rights differ from those of employees, you are still protected under the Health and Safety at Work Act 1974. The company that hires you has a legal duty to ensure your working environment is safe. If they fail in this responsibility and you are injured as a result, you may be entitled to make a self-employed injury claim.
Claiming for an accident as a self-employed worker
Being self-employed has advantages, including independence, creative freedom, job satisfaction, and control over your workload. However, self-employment also brings disadvantages, such as less job security and no employee benefits, such as Statutory Sick Pay and holiday leave.
Eligibility and Entitlement
If you have been injured in a work accident, you may be entitled to make a claim. Collecting contact details from witnesses can be crucial for validating your claim and ensuring all relevant information is documented. This can help in reporting incidents accurately and supporting your case legally.
To be eligible to make a self-employed injury claim, you’ll need to prove that you were injured at work, your employer’s negligence caused your injury, and you’ve suffered financial losses due to your injury.
You’ll also need to provide supporting evidence for your claim, such as medical reports and witness statements. Self-employed workers can claim for loss of earnings, medical expenses, pain, and suffering.
What does the UK law have to say on health and safety for the self-employed?
Under UK law, self-employed workers must ensure their work does not pose a risk to themselves or others. The Health and Safety at Work Act 1974 (HSWA) requires self-employed individuals to take reasonable care of their health and safety and ensure they don’t endanger others. They must comply with relevant risk assessments and take training on using equipment safely.
Since 2015, those whose work poses no risk to others aren’t obliged to follow health and safety rules beyond protecting themselves.
However, in high-risk industries like construction, self-employed workers must comply with safety regulations, even if they work alone. This includes complying with site safety rules and wearing appropriate protective equipment.
It also includes providing necessary personal protective equipment (PPE) to ensure a safe working environment. However, contractors and site managers may still owe them a duty of care.
Can I claim even though I am self-employed?
The first question I get asked when speaking with someone self-employed and who suffered an accident is, can I claim even though I am self-employed? Many people wrongly believe that without an employer and being responsible for their health and safety, they will also be responsible for accidents they have at work.
Although there are situations when in fact, the responsibility lies with the self-employed person, in the majority of my cases, the self-employed are often working as a sub-contractor and have no control over the work.
They tend to be given tools and equipment to use by the contracting company and very often work under the control of a third party. In these situations, the self-employed are treated in the same way as employees when it comes to the company or site management’s responsibility, and they have to make sure the self-employed are kept away from harm whilst carrying out their jobs.
Seeking immediate medical treatment is crucial not only for your health but also for documenting the injury for your claim.
The claims process
The claims process involves collecting evidence and gathering information about the incident. A personal injury lawyer will guide you through the process. The claims process can take several months to complete. You’ll need to report the incident to your employer, seek medical attention, and gather evidence to support your claim.
A personal injury solicitor can establish liability for the injuries sustained in an accident at work, gather evidence and documentation to support the claim, and communicate with the employer’s liability insurance provider.
Time limits and deadlines
The deadline to file an accident at work claim is 3 years from the date of the incident. The time limit begins at different times depending on the circumstances surrounding the workplace accident. It’s usually easier to secure supporting evidence and medical reports the sooner you begin a claim.
How can self-employed workers protect their income in case of an injury?
As a self-employed worker, you are not usually able to claim sick pay. A sudden loss of income can have a huge impact on you and your family. You can still make a self-employed injury claim for an accident at work.
Specialist personal injury experts can help you make a self-employed injury claim. You can also consider income protection insurance to ease the financial stress of not being able to work. Additionally, you might qualify for New Style Employment and Support Allowance in the interim while you wait for your self-employed injury claim to be processed.
- Also see: Accident at Work Compensation Examples
Can I claim for a work accident abroad?
For more information visit our dedicated page on claiming for accidents abroad.
How we can help
Many of my self-employed clients were not aware of their right to claim compensation following a work accident. They did not realise that for serious injuries, they could claim not only for the injuries and their immediate loss of earnings but also for any rehabilitation, the cost of care, retraining and all long-term losses and expenses.
At Osbornes Law, we have helped many self-employed workers secure compensation when they were injured due to lack of training, unsafe working conditions, or employer negligence. You may be eligible for a no-win-no-fee arrangement.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Share this article
“Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.”
“Osbornes deals with injuries incurred during traffic and workplace accidents.”
Contact us today
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
Their team includes bright, hard-working solicitors dedicated to achieving successful outcomes for their clients from partner level to paralegal. Their client care is exceptional.
They are a team who are highly respected in the PI sector.
This is an excellent PI team doing a broad range of PI work.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims, with notable strength in acting for European clients for whom English is not a first language.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims.
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
Related InsightsVIEW ALL
22.10.2024£75,000 Settlement for Head Injury at College
Accident During a College Class Eloise Mears, Solicitor at Osbornes Law, represented a student who sustained a head injury while...
Read more
26.4.2024Head Injury Following Slip at Work
Client who slipped at work obtains a good settlement Laura Swaine recently settled a work accident claim for a client...
Read more- 26.4.2024
Six-Figure Settlement for Head Injury at Work
Settlement for a client injured at work Laura Swaine recently settled a claim for a client who was injured while...
Read more - 14.3.2024
Strawberry Picker Receives £10,500 After Accident at Work
Incident in the Strawberry Field Our client was at work, walking in the field and carrying cages with strawberries, when...
Read more - 13.3.2024
Accident at Work Compensation Examples
Factory Worker Receives £14,000 for Hot Water Burns Our client was working in a food producing factory. He was injured when...
Read more 
13.2.20245-figure Payout for Death of Hungarian Lorry Driver
Hungarian lorry driver tragically dies Siobhan McIvor, a Partner and Personal Injury lawyer, has successfully settled a fatal accident compensation...
Read more
6.12.2023Accident at work claim settled for Romanian driver
Siobhan McIvor, a Partner in the Personal Injury Department, has successfully settled an accident at work claim arising from an...
Read more- 5.12.2023
£75,000 Compensation After Accident Leads to Blood Clot
£75k Settlement Following Injury at Work Serious injury lawyer, Blanca Diego Casas recently represented an individual who suffered serious medical...
Read more - 23.11.2023
Accident at work claim settled for Hungarian factory...
Forklift trucks are a common cause of warehouse injury claims due to human error on the part of the forklift...
Read more 
11.4.2023£250,000 settlement for client injured in forklift accident
Sophie Davies, a specialist personal injury lawyer at Osbornes Law, recently represented a client who suffered life-changing injuries following a...
Read more- 17.11.2021
£100,000 settlement for tripping at work
Osbornes Law secures £100,000 settlement for Hungarian woman who tripped over a shopping bag at work Siobhan McIvor, a Partner in...
Read more - 17.11.2021
£165,000 settlement for factory accident
Siobhan McIvor, a Partner in the Personal Injury Department of Osbornes Law, has settled a £165,000 accident at work claim, with...
Read more - 31.8.2021
Kitchen Accident Claim
Our client, a hospitality supervisor instructed Osbornes after he slipped and fell on oil and food debris on the floor...
Read more - 18.5.2021
Construction Site Accident at Work
Our client suffered numerous fractures to their left leg requiring surgery following a work accident on a construction site. He...
Read more - 18.5.2021
Compensation for Amputation on Construction Site
Our client worked as a carpenter/bricklayer on a building site at a residential property in North London. He was...
Read more - 15.10.2020
Fatal Accidents In The Workplace
A new article from the BBC takes a looked at fatal accidents at work. The report states that since 1981, there...
Read more - 2.9.2020
Lasting damage to ankle following construction accident settles...
Sam Collard, a Partner in the Osbornes’ catastrophic injury team, recently settled a construction accident claim for a Romanian man...
Read more - 13.8.2019
Fatal Accident Conviction Highlights Health & Safety
Construction bosses guilty of gross negligence manslaughter Conrad Sidebottom, 46, and Richard Golding, 43, were jailed for their part in causing the...
Read more
