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Can you claim for a workplace injury as a self-employed worker?

The process of making a claim for a workplace injury may seem straightforward if you are an employee. An employer has a duty of care towards each of their employees and has a responsibility to comply with various Health and Safety laws and regulations to ensure the safety of their workforce.

If an employer fails to do this they are not only putting their employees at risk, they are also breaking the law and an employee will have a right to file an injury at work claim against them if their injury is sustained as a result of a third party’s negligence.

But what happens if you suffer a workplace injury as a self-employed worker?

Self-employed workers form an integral part of the UK’s workforce, with approximately 4.8 million people registering as self-employed workers in 2017, however, many of those who work for themselves may not know that they can still make a claim for a workplace injury if certain criteria are met.

With over 609,000 non-fatal accidents at work being reported in 2017, it’s important that every worker knows their rights, whether they are an employee or self-employed.

One key aspect that must be considered for self-employed workers when they are injured is the potentially significant financial impact. Unlike those who are employees, self-employed workers will not receive sick pay and they won’t be paid for any time off work, therefore, knowing when they are eligible to make a claim for a workplace injury could prove vital in ensuring a self-employed worker can focus on their recovery without worrying about how they can support themselves financially.

Sometimes self-employed workers have employee rights

Depending on which industry you work in, you may sometimes engage in contracted work. For example, you may be hired by a company as a digital consultant or you may be part of a team of different tradesmen working on a construction site.

When it comes to making a claim for a workplace injury as a self-employed worker, it’s important that the cause of the injury can be clearly established. Of course, no matter what environment you are in, there is always the possibility of suffering an injury at work, but if you are hired by someone to carry out a job and that person or business is negligent and it causes you to suffer an injury, then they may be found liable for your injury, even though you are self-employed.

For example, if you are working on a construction site and you are injured from something that has hit you from above and that item has fallen as a result of another worker’s negligence you may be able to claim against the person who hired you to be on that construction site.

An example of a similar situation in an office environment would be, if you fall over trailing wires that should not be there and this causes you to suffer an injury, you may be able to make a claim for compensation against the person who hired you as it’s their staff’s negligence that has caused you to be injured.

Both of these scenarios may mean you can claim because, as mentioned previously, the employer has a duty to ensure that their business abides by all the relevant Health and Safety regulations and this often covers anyone entering the premises.

However, it can sometimes be difficult to establish who the negligent party can be. That’s why it’s essential you have a specialist solicitor who is an expert in workplace injuries.

Our team here at Thorneycroft are experts in dealing with workplace injury claims and will be able to provide you with thorough and concise guidance on any aspect of workplace injuries. They will also work alongside our employment law team to establish who is at fault and ensure you receive the maximum amount of compensation for your claim.

We will also help you secure the rehabilitative treatment you may need, allowing you to focus all of your efforts on what matters most, your recovery.

If you have suffered an injury at work and you’re a self-employed worker who isn’t sure if you can make a claim for compensation, get in touch with our team today.

We offer a free initial interview where a member of our team will discuss the circumstances of your claim and assess the viability of your claim.

Give us a call today to arrange an appointment on 0800 1979 345 or complete our online enquiry form and we will call you back at a more suitable time.