It would be fair to say that many people who are self-employed do not realise they could be entitled to compensation following a work-related accident that left them injured. The reason being that when working for yourself it stands to reason that a third party could not be responsible for your injuries and as such, you are unsure whether you could be entitled to file a claim and who would your personal injury case be against? To find out more about filing personal injury self-employed claims, please read on.
What is a fast way of finding out if a can make a claim?
Each accident circumstances are different and you may or may not be able to claim however a fast free way of finding out is to ask a work accident claims specialist. You can get free advice on this link here to through a free online live chat or their is also a free phone number you could call https://www.legalexpert.co.uk/accident-at-work-claims/faqs/i-am-self-employed-i-had-accident-work-can-i-make-claim/ the live chat and free advice is available 7 days a week and open till late. This is one fast way of finding out.
Self-employed Work-related Personal Injury Compensation Claims
As a self-employed person, you are responsible for your own safety in the workplace, however, there are specific instances where you may be entitled to file a work-related personal injury claim providing it can be proved an accident occurred due to a third party’s negligence or mistake, some of which are detailed below:
- If you are hired by a company or business as a contractor to work on a project or to carry out specific tasks in the workplace. This could be if you are employed on a construction site as a carpenter, plumber, electrician or landscaper. You would have signed a contract outlining the project you are to work on and the duration of the work. The employer, therefore, has a duty of care to ensure the working environment is safe and free from any dangers and this applies to everyone who works or visits the site including self-employed contractors
- The employer must provide well maintained equipment and it must suit the job
- Even as a self-employed person working on a construction or other site, you must be given sufficient training before starting a job
- The employer must provide the correct protective clothing which includes goggles, earplugs, high visibility clothing and hard hats
Should an employer fail to provide any of the above or anything else that is required by law to keep you safe while working for them and you suffer a work-related accident that leaves you injured, as a self-employed worker, you would be entitled to file a compensation claim providing the accident occurred through no fault of your own.
What To Do Following a Work-related Accident If You are Self-employed
Anyone who suffers an work-related injury should seek medical attention as soon as possible even if an injury appears to be minor at first. Many people do not realise the extent of their injuries to begin with because although not visible, there may be more serious internal damage that has occurred. The other reason to seek medical attention following a work-related accident, is that it provides you with an official medical record of the incident and your injuries. Having a medical report would strengthen your claim against a third party or employer.
Other necessary steps are detailed below:
- Collect as much evidence of the incident as you can. If you are unable to do this because of your injuries, a work colleague should do this on your behalf. The type of evidence needed for a claim includes photographs of machinery/equipment involved in the incident, where the accident occurred and photographs of the injuries you sustained
- Make sure that the incident was logged into the Accident Report Book, bearing in mind that all workplaces in the UK are required by law to have one of these onsite and once the incident is logged in the book, you or a work colleague should make sure the report is signed off by whoever is in charge
- Collect the names of witnesses which must include their contact details
Getting Help with a Self-employed Work-related Compensation Claim
As with all personal injury compensation claims, it pays to seek legal advice as soon as possible because they can be long-drawn out, complicated processes. Having the advice of a legal expert at a time when you need it most, makes the process easier to understand and it would clarify whether you have a strong case against an employer as a self-employed worker.
LegalExperts.co.uk offer a free initial consultation which allows a personal injury solicitor to assess the merits of your claim. It also allows a specialist solicitor to determine whether your case is strong and therefore they would agree to work with you on a No Win No Fee basis. You would sign a Conditional Fee Agreement which would set out the percentage you would pay your solicitor, but only if your claim is successful. Should you lose your case, you would have nothing to pay the solicitor at all.
As a self-employed worker you may not be entitled to all the same rights and perks as someone who is employed by a business or company on a permanent basis, but you are entitled to the exact same rights in the workplace when it comes to Health and Safety. As such, if you were involved in an incident that left you injured and it can be proved the accident occurred through no fault of your own, you could be entitled to file a claim for compensation against your employer even if you are contracted to work on the site and are self-employed.