How To Claim For An Accident At Work When Self-Employed

If you’re a self-employed worker and have had an accident at work, we could help you claim compensation.

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If you’ve had an accident at work while self-employed, knowing when you can claim compensation can feel confusing. Therefore, in this guide, we’ll explore the circumstances in which self-employed workers may have grounds to claim, explain the eligibility criteria, and guide you through the process. We’ll also answer common questions and show how we can help you take action if you’re ready to make a claim.

Although you may not technically be classed as an ‘employee‘, you still have rights. Our solicitors support self-employed clients who’ve suffered injuries while working in various settings, from construction sites in Camden Town to catering in Canary Wharf. If your accident can be traced back to someone else’s negligence, for example, a site manager or company providing workplace equipment, we can help you understand your options and work towards securing the compensation you deserve.

Read on to learn when you might have grounds to claim as a self-employed worker. If you’d rather speak directly to our team, you can contact us online or call 020 7362 2085 for clear advice.

If I'm Self-Employed, Am I Still Able To Claim For An Accident At Work

One of the most common questions we hear is whether self-employed professionals have the right to claim following an accident at work. The answer is yes, in certain circumstances, you do have the right to pursue compensation if you’ve been injured due to someone else’s negligence.

Who Owes You A Duty Of Care?

Even if you work for yourself, others may still owe you a ‘duty of care’. For example, a principal contractor or site manager on a building project or an agency organising shift work. Under the Health and Safety at Work etc. Act 1974, those in control of a work site have obligations to keep all workers, including the self-employed, safe.

Key Eligibility Criteria For Self-Employed Accident Claims

You may be eligible to claim if:

Another individual or company owed you a duty of care whilst you were working for them.
Your accident occurred due to their breach of health and safety regulations, such as faulty equipment, unsafe premises, or lack of training
You sustained an injury or injuries as a direct consequence of that accident

Don’t be put off by your employment status, being classed as ‘self-employed’ doesn’t automatically exclude you from seeking compensation. If another party was responsible for your safety, you could have the same rights as employees in many situations.

To check if you are entitled to claim for an accident at work while self-employed, why not get in touch today?

What Types Of Scenarios Could Lead To A Claim?

London’s workplaces are as varied as its boroughs, and accidents can happen anywhere. As a self-employed worker, potential claim scenarios include:

Unsafe workplaces: For example, uneven scaffolding in Greenwich or cluttered corridors on a Lambeth office project.
Defective equipment: Tools or machinery provided by another business that malfunctions, such as faulty electrical gear at a job in Islington.
Lack of training or instruction: Not being briefed on safety procedures by a main contractor on a large site in Hackney.
Exposure to hazardous substances: Poor ventilation or hazardous storage on a commercial kitchen assignment in Soho.
Slips, trips, and falls: Wet floors or loose cables on a client’s premises, from Wandsworth warehouses to retail shops in Stratford.

If any of these situations sound familiar, and you believe someone else was at fault, you may have grounds to claim. Importantly, we offer a free consultation and no-obligation legal advice for all potential accident at work claims. Therefore, please feel free to get in touch to discuss your claim at a convenient time.

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Can Self-Employed Workers Use A No Win No Fee Solicitor

Absolutely. Many self-employed professionals worry about the costs involved in making a claim, especially if an injury has already affected their finances. The good news is that a No Win No Fee agreement makes it possible to pursue compensation without upfront fees or financial risk.

Benefits include:

No up-front costs: You only pay a solicitors’ fee if you win your case.
Less financial pressure: If your claim isn’t successful, you won’t have to pay the solicitor’s costs.
Access to justice: Makes it realistic for anyone to pursue a legitimate claim, regardless of their circumstances.

To check if we can help you make a No Win No Fee claim, please speak to one of our specialists today.

How Long Do Self-Employed Staff Have To Claim For An Accident At Work?

Generally, you have three years from the date of the accident, or from when you realised your injury was caused by your workplace, in which to begin your claim.

This time limit is set by the Limitation Act 1980. Although three years may sound like a long time, gathering evidence and building a strong case can take a while, so early advice is recommended.

Can I Claim For Loss Of Earnings Without Payslips?

Self-employed workers don’t always have regular payslips, but you can still demonstrate lost earnings. Acceptable alternatives include:

Invoices or payment records showing your usual rates.
Bank statements.
Recent tax returns (SA302).
Correspondence with clients about work lost due to your injury.

If you’re unsure, an experienced solicitor from our team can help you piece together the required documentation, ensuring your claim for both past and future loss of earnings is as comprehensive as possible.

Evidence That Can Make Your Claim Stronger

A well-documented claim stands a much higher chance of success. When you’re self-employed, it’s particularly important to pull together as much evidence as you can. Here’s what will help:

Photos of the scene and your injuries: Snapshots immediately after the accident (for example, a faulty ladder in Kensington)
Medical reports: GP or hospital records outlining your injuries and treatment
Witness statements: Colleagues, other contractors, or staff who saw the incident
Record of the accident: Entry in the site accident book, or emails notifying the relevant company
Receipts and invoices: For medical expenses, travel, equipment repair or replacement
Correspondence: Emails, letters, or texts about work arrangements, especially those showing who was responsible for safety
Evidence of lost income: As above, bank statements and tax records

The more detail you provide, the better your solicitor can argue your case. Even small items, like photos or texts, can tip the balance in your favour.

Frequently Asked Questions On Claiming For An Accident at Work While Self-Employed

Do I need to notify anyone other than my client about my accident?

It’s important to report your accident to any party responsible for site safety, which may be the main contractor, a site manager, or the premises owner. This creates a record of your injury and helps demonstrate the circumstances of your accident should you decide to pursue a claim.

Can I make a claim if I was hired via an agency but worked as self-employed?

Yes, you may have a claim even if hired through an agency. The duty of care could sit with the agency, the business you worked at, or other third parties responsible for safety. Your solicitor will clarify which party is liable in your specific situation.

Are there types of insurance that may affect my right to claim compensation?

Some self-employed workers carry personal accident insurance or income protection policies, but these do not prevent you from pursuing a third-party negligence claim. Any compensation from a claim is separate from insurance pay-outs unless your policy stipulates otherwise.

Can I claim if the accident happened outside a traditional workplace, such as at a client’s premises or in a public area?

Yes, you can pursue a claim if negligence on the part of a client, a third-party business, or another entity caused your injury, regardless of location. The key is proving that someone owed you a duty of care and breached it, leading to your accident.