Can Self-Employed Workers Claim for an Accident at Work?

Quick Summary

• Self-employed workers can claim compensation when someone else's negligence caused the injury
• The claim is usually brought against the principal contractor, site occupier, or the party who controlled the work area
• You cannot claim against yourself, and you have no statutory sick pay, so loss of earnings is a particularly important head of damage
• No win no fee (CFA) funding is available to self-employed claimants on the same terms as employees
• The three-year limitation period applies from the date of accident or date of knowledge

Can a self-employed worker claim compensation for an accident at work?

Yes. Being self-employed does not remove your right to claim compensation when another party's negligence caused your injury. What changes is who you claim against and what evidence you need.

Employees normally claim against their employer under the Employer's Liability (Compulsory Insurance) Act 1969. Self-employed workers — including sole traders, sub-contractors, CIS workers on construction sites, and limited company directors working on someone else's site — claim under the general law of negligence and occupiers' liability instead.

Who can a self-employed worker claim against?

The defendant depends on where the accident happened and who was in control of the work or the workplace. The most common defendants are:

• The principal contractor on a construction site, who has duties under the Construction (Design and Management) Regulations 2015 to plan, manage and monitor health and safety
• The site occupier under the Occupiers' Liability Act 1957, where the premises were unsafe
• The hiring business that engaged you, where it controlled the way the work was carried out, supplied defective equipment, or failed to give safety information
• A third party whose negligence caused the accident — for example, another contractor on site, a delivery driver, or a manufacturer of defective equipment

On many construction sites more than one party may share liability. A solicitor will identify the correct defendant or defendants based on the contracts, the site arrangements, and the cause of the accident.

What do you have to prove?

You have to show, on the balance of probabilities:

1. The defendant owed you a duty of care
2. The defendant breached that duty (for example by failing to maintain the premises, failing to provide safe equipment, or failing to co-ordinate work safely)
3. The breach caused your injury
4. The injury resulted in losses you can quantify

Useful evidence includes photographs of the scene, the accident book entry (you are entitled to have your accident recorded even if you are not an employee), any RIDDOR report, names of witnesses, your contract or purchase order showing who engaged you, and your medical records.

What compensation can a self-employed worker claim?

General damages cover the pain, suffering and loss of amenity caused by the injury and follow the same Judicial College Guidelines used for employees.

Special damages cover financial losses. For self-employed claimants these are often substantial because there is no statutory sick pay, no occupational sick pay, and no employer top-up. Lost earnings are calculated from your accounts, tax returns, and invoices. A forensic accountant may be instructed in serious cases where future earning capacity is in dispute.

You can also claim treatment costs, travel to appointments, care and assistance (including unpaid care from family), and the cost of paying someone else to complete jobs you could not finish.

How is the claim funded?

No win no fee Conditional Fee Agreements are available to self-employed claimants. There is nothing to pay up front and nothing to pay if the claim does not succeed. After the Event (ATE) insurance is usually arranged to protect against adverse costs.

Frequently asked questions

Do I need employers' liability insurance to claim?

No. The defendant's insurance pays the claim, not yours. You do not need to be insured yourself to bring a claim against a negligent contractor or occupier.

What if my contract says I accepted all risk?

Contractual disclaimers cannot exclude liability for negligence causing personal injury under section 2(1) of the Unfair Contract Terms Act 1977. Such clauses are unenforceable.

How long do I have to claim?

Three years from the accident or the date you became aware your injury was work-related. Speak to a solicitor early — evidence becomes harder to obtain over time.

Find out if you have a self-employed accident claim

Free case assessment — or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525).

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