If you work for yourself, you might wonder what happens if you have an accident while working. Can you claim compensation? What are your rights if you get hurt on a job? This article will help you understand your rights as a self-employed worker who has had an accident at work. It will explain when you can make a claim, how to do it, and what kind of help is available.
Can You Claim Compensation If You Are Self-Employed and Have an Accident at Work?
The short answer is yes — you can claim compensation if you are self-employed and have an accident at work. But the way this works is different from someone employed by a company.
When you work for an employer, they owe you a legal duty to keep you safe. If they do not do this properly and you get injured, you may be able to claim compensation from them.
As a self-employed person, you are your own boss. So, you are responsible for your own safety in many ways. However, there are still rules and laws that protect you. For example, if you are working on someone else’s premises — like a client’s office or construction site — that person or company still owes you a duty of care to keep you safe while you are there.
If they fail to take reasonable steps to protect you, and you get injured because of this, you may be able to claim compensation.
What Does “Duty of Care” Mean for Self-Employed Workers?
The legal term “duty of care” means that someone must take reasonable steps to keep others safe. This applies not just to employers but also to those who invite you to work on their premises.
Under the Health and Safety at Work etc Act 1974 (HASAWA), the law requires that people who control a workplace must make sure it is safe for everyone working there — including self-employed contractors like you.
For example, if you are hired to fix plumbing in an office, the office manager must ensure that the working environment is safe. This could mean making sure there are no hazards like slippery floors, exposed wiring, or broken equipment that could hurt you.
If they do not do this and you get hurt, that is a breach of duty of care.
What Kind of Accidents Can You Claim For?
If you have an accident while working as a self-employed person, you may be able to claim compensation if the accident happened because someone else was negligent (careless).
Here are some examples of accidents where you might have a claim:
- Slip, trip or fall: You trip over trailing cables or slip on a wet floor at a client’s site.
- Faulty equipment: You use a tool or piece of machinery provided by the client that is unsafe and it causes an injury.
- Unsafe premises: You fall because a stairway or ladder at the workplace is broken or poorly maintained.
- Lack of safety measures: The client does not provide safety instructions or protective equipment, leading to an injury.
Remember, you must be able to show that the other party owed you a duty of care and failed to take reasonable steps to keep you safe.
What Happens If You Are Injured?
If you have an accident and are hurt, it is important to take action quickly. Here are some steps you should take:
- Report the accident: Tell the person in charge at the workplace as soon as possible. Ask them to make an official accident report or record. This is important evidence if you want to claim later.
- Get medical help: Visit a doctor or hospital to get your injuries checked. Make sure to keep all medical records, as these prove the extent of your injuries.
- Collect evidence: If you can, take photos of the accident scene, the hazard that caused your injury, and your injuries themselves.
- Keep records: Keep receipts, invoices, or documents related to any expenses caused by your injury, such as travel to the doctor, medical bills, or costs to fix your home if you need adaptations.
- Seek legal advice: It can help to talk to a solicitor (lawyer) who specialises in personal injury claims. Many offer free advice and work on a “No Win No Fee” basis, meaning you won’t pay unless your claim succeeds.
How Long Do You Have to Make a Claim?
If you want to claim compensation, you need to act within a time limit. Usually, you have three years from the date of the accident to start your claim.
If you are under 18 when the accident happens, you have three years from your 18th birthday to make a claim.
If you cannot manage your claim yourself because of a mental incapacity, the time limit is paused until you recover or a suitable person acts on your behalf.
What Can You Claim Compensation For?
When you claim compensation, you may be awarded money for two main types of losses:
- General damages: This is money for the pain, suffering, and loss of enjoyment of life caused by your injury. It also covers long-term effects if you have not fully recovered.
- Special damages: This covers financial losses caused by your injury. Examples include:
- Loss of earnings if you had to stop working.
- Medical costs not covered by the NHS.
- Travel expenses to get treatment.
- Costs of adapting your home, such as installing a stairlift.
- Costs of care, including payments to someone looking after you or loss of income if a family member had to stop working to care for you.
To claim special damages, you will need proof such as invoices, bank statements, or receipts.
How Much Compensation Could You Get?
The amount you receive depends on the severity of your injury and the losses you have suffered. To help guide compensation amounts, solicitors and courts often refer to the Judicial College Guidelines (JCG). These guidelines give typical compensation ranges for different types of injuries.
Here are some examples of guideline amounts for common injuries:
| Injury Type | Severity | Compensation Range (Approx.) |
| Multiple severe injuries | Severe | Up to £1,000,000+ |
| Brain or head injury | Very severe | £344,000 to £493,000 |
| Neck injury | Severe | £55,000 to £68,000 |
| Leg injury | Severe/moderate | £34,000 to £48,000 |
| Pelvis or hip injury | Moderate | £32,000 to £48,000 |
| Elbow injury | Less severe | £19,000 to £39,000 |
| Back injury | Moderate | £15,000 to £34,000 |
| Wrist injury | Less severe | £15,000 to £30,000 |
| Shoulder injury | Serious | £15,000 to £23,000 |
These are only guidelines. The actual amount depends on your case, and your solicitor will explain what you could expect.
Can You Get Some Money Before Your Case Is Settled?
Sometimes, if your claim is strong and the other side accepts liability (they admit fault), you might be able to get an interim payment. This is a part of the compensation paid to you before your full claim is resolved.
Interim payments can help cover urgent costs, like medical treatment or home adaptations, while you wait for your case to be finished.
What If You Are Not Sure If You Can Claim?
If you’re unsure whether you have a claim or what your rights are, you can get free advice. Many solicitors offer free assessments of your case.
During this, an advisor will look at what happened, whether someone else was at fault, and whether you can make a claim. This service is without any obligation to continue.
If they think you have a good claim, they will explain how to proceed, including how their “No Win No Fee” agreement works. This means you don’t have to pay legal fees upfront, and you only pay if your claim is successful.
What About Your Responsibilities as a Self-Employed Worker?
While others owe you a duty of care, you also have responsibilities to keep yourself safe:
- You should take reasonable care for your own health and safety.
- Follow any safety instructions or rules at the workplace.
- Use any protective equipment provided.
- Report any hazards or unsafe conditions.
- Keep records of your work activities and any accidents.
By doing these, you help protect yourself and build a stronger case if an accident happens.
Summary: Your Rights and What To Do After an Accident
- You have the right to a safe working environment, even if you are self-employed.
- If you get injured because someone else failed to keep you safe, you can claim compensation.
- Make sure you report the accident and get medical help quickly.
- Gather as much evidence as possible.
- You have three years to start your claim.
- You can claim for pain, suffering, and financial losses caused by your injury.
- Many solicitors offer No Win No Fee agreements to help you claim without upfront costs.
- Take your own safety seriously and follow workplace rules.
Final Advice
Being self-employed means you manage many parts of your work yourself. But if you are injured at work due to someone else’s negligence, the law protects you.
If you are hurt, don’t suffer in silence. Get medical help, document everything, and seek advice. You might be entitled to compensation that can help you recover without added financial stress.
Many people find this process easier when supported by an experienced personal injury solicitor. They can guide you step-by-step and fight for your rights.
Remember, the most important thing is your health and safety. Stay aware, stay safe, and know your rights.
If you want personalised advice about an accident at work while self-employed, call a trusted solicitor or legal advisor today. They can help you understand your rights and what to do next — often for free.
