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This article was published on June 13th, 2022
It is a common misconception that if you are a self-employed contractor, you do not have the same legal rights as a permanent employee if you are injured whilst on site. However, this is not the case, even if you are self-employed you will still be able to make a personal injury claim under most circumstances. Here at Thorneycroft Solicitors, we have dealt with many successful personal injury claims for self-employed contractors.
Making a claim as a self-employed contractor can be a fairly complex process, particularly as you do not have an ‘employer’ to claim against. However, under the Health and Safety at Work Act 1974, you are protected in the workplace. Whilst you may not have the exact same legal rights as permanent employees, every employer in the UK must guarantee that the work environment, facilities, and equipment are all safe and secure. This duty is the same for every employer using their premises.
There are several circumstances where you can claim for an injury at work if you’re self-employed. If a company hires you to work on their site or at their location for an extended period of time, you must have a safe working environment and receive sufficient training. If you don’t, and you get hurt as a result, you might be able to file a compensation claim.
This also applies to any equipment you are given, such as personal protective equipment (PPE), scaffolding, or electric tools.
If you were delivering a service for an employer, such as building work, bricklaying, decorating, or working as a painter on a specific project, and you were injured while doing so, certain procedures must be followed as quickly as possible after the accident:
Seek medical attention – This is the first thing you should do if you have been injured at work whether you suspect your injuries to be serious or not.
File an official report – This is one of the most important steps you should take if you are self-employed and have been injured while at work. This report should include details such as where the incident occurred and the injuries that you sustained. Filing an official report will help establish liability when filing an accident at work claim to seek compensation.
Collect witness statements – If there were any witnesses to your workplace accident, you must get as much information from them as possible. They can serve as important sources of information, particularly if you are going to make a compensation claim.
Take photos of the scene and your injuries – It is also important to take lots of pictures to increase the viability of your claim. If there is CCTV available, try and get a copy of it so it can be used as evidence during your claim.
Contact a specialist personal injury solicitor – If you have been injured in a workplace accident that wasn’t your fault, it is important to contact a personal injury solicitor because they will be able to offer you expert advice and assess the viability of your claim.
If you’re self-employed and believe you have a case for compensation following a workplace accident, it’s critical that you speak with a personal injury solicitor. This way, you can be certain that you’ll get the legal knowledge and experience you need to offer your claim the best possible chance of success.
Here at Thorneycroft Solicitors, our personal injury solicitors specialising in dealing with accident at work claims involving self-employed contractors and have successfully handled many claims for different circumstances including; injuries due to handling defective equipment, injuries due to lack of personal protective equipment and falls from a height.
Our personal injury solicitors are happy to offer you a free, no-obligation assessment and will provide you with the very best legal advice for your case. To speak to a member of our experienced personal injury team, call 0800 1979345 or fill out our simple enquiry form.