Can I Make a Claim For an Accident at Work if I am Self-Employed?
Self-employed subcontractor accident at work claims are very common. If you have suffered an accident at work as a self-employed subcontractor, you may wonder how you can claim or if you can claim at all. You may also wonder who will the claim be brought against if you are self-employed?
In most cases, self-employed subcontractors are usually responsible for their own health and safety whilst at work. However, there are some circumstances that can give rise to a claim for a self-employed subcontractor accident at work. You might be able to make a self-employed subcontractor accident at work claim if the injuries you suffered were as a result of someone else’s fault or mistake.
Your Rights as a Self Employed Subcontractor
You can act as a self-employed subcontractor in many industries and fields. It is common for a lot of companies to hire self-employed workers to complete certain tasks. An example would be in the building industry where a construction company can hire many different specialist workers such as electricians or carpenters to complete certain parts of the job.
In this instance, the employer or construction company will be responsible for providing a safe building site and safe work environment for their workers, whether they are contract workers or freelance, self-employed workers. Employers who hire you to work on their site, therefore, have a duty of care to make sure your working conditions are safe.
With this duty of care, the employer will be required to provide training on equipment and provide protective equipment.
It is important to remember that whether you are self-employed or employed by the company, you are entitled to the same rights on health and safety. Therefore, in regards to health and safety, you are deemed to be an employee of the company for which you are undertaking work.
The person who has control of the work environment, such as a building site, will also have control over the health and safety provided to all workers on the site. If you suffer a work-related injury as the result of a lack of health and safety measures undertaken in the work environment, you may be entitled to compensation and may be able to bring a personal injury claim against the company for which you were contracted to work.
Common Types of Self Employed Subcontractor Accident at Work Claims
As a self-employed subcontractor, you are entitled to seek and expect a safe working environment. You may be able to claim for the following reasons following an accident at work:
- Lack of proper equipment to carry out the work required. For example, you may be given defective equipment.
- Lack of training provided before commencing the work contracts to do. For example, a lack of manual handling training.
- Lack of personal protective equipment, such as no safety goggles or hearing protection.
- Falls from Height
- Slips, trips, and falls, due to defects and lack of proper housekeeping in working environments.
- Forklift truck accidents.
Naturally, accidents in a building site, for example, can happen for a number of different reasons.
What Steps Should Be Taken Following a Self Employed Subcontractor Accident at Work?
If you have been injured while working, please ensure that you seek medical help after the accident. Firstly, it is important to check the level and seriousness of the injury and make sure you get the relevant medical attention you may require. Secondly, this medical attention can be used to support your claim for compensation, serving as evidence of the injury you sustained.
You should also try to collect as much evidence as possible at the scene of the accident. Try to take photographs of equipment involved or the surrounding area. Take further photographs of anything which contributed towards the accident and of your injuries, if possible.
Ensure that the accident is reported and recorded in an accident log book. Read over the details recorded in this report and ensure it is correct before signing the record. You should also request a copy of this report.
Gather details of potential witnesses where possible, and once you have received treatment for your injury, contact a personal injury solicitor to discuss your case and the merits of bringing a claim.
The Claims Process
The process of the claim begins by contacting Beacon Law to discuss your case on its own facts and ensure your case has merit for a claim. You may contact Beacon Law for free advice, and we will let you know if we think your claim could be successful. Details will be explained by our specialist solicitors regarding what happens next if you decide to instruct Beacon Law as your solicitor.
We will work with you to calculate all your losses to ensure that we recover the maximum level of compensation for you. We will discuss the circumstances of the employment and the accident and the injury sustained. Once we have all the information from you, we will notify your employer that we will be bringing a claim for compensation. We will communicate with them on your behalf throughout the process of the claim, and we will provide you with updates.
If we are able to prove that the Defendant was responsible for your accident, we will then begin to obtain further evidence to support your case. You will be required to attend an appointment with an independent expert to have your injuries assessed. We will arrange this appointment on your behalf.
We will submit this evidence to the Defendant, and we will negotiate with them regarding the settlement of your case.
Depending on the complexity of your case and the issues being raised by the other party, it may be that your case will have to be notified to the Court. The Court will assist in ensuring the case is ran in a timely manner between the parties and allows for the other party to not delay in solving the issues between the parties. The case being notified to the Court does not necessarily mean that you will have to attend Court for Trial.
The Court process is lengthy, and it takes time before the matter is listed for Trial, the Court will try and assist the parties to reach settlement throughout the process of the case. An agreement on your compensation or settlement can be reached between the parties at any time. This settlement may be reached before the Court process begins, or during the Court process.
Funding a Claim for a Self Employed Subcontractor Accident at Work
At Beacon Law, we will provide you with legal assistance on a no win no fee basis. This fee agreement means that, if your claim fails, you will not be required to pay any legal fees as long as you are honest throughout your case and co-operate fully with us through the claims process. You will not be required to pay any legal fees if your case is unsuccessful. If your claim is successful, we will deduct our fees from your compensation award when the claim has settled.
What Can I Claim?
You can claim for several aspects which can impact you and your life, examples include:
- Damages which relate to compensation for your pain and suffering.
- Medical expenses – any expenses which you have incurred as a result of the accident to treat the injury or any other health side effects which have occurred as a result of the accident.
- Travel expenses- any expenses which were incurred by travelling to and from medical appointments, for example.
- Loss of earnings – if you have not been able to work as a result of the injury you sustained, then you can make a claim for the money you have lost through not being able to work.
- Care and assistance if you require extra help around the house, whether paid or unpaid.
How can Beacon Law Assist?
Beacon Law are specialist personal injury solicitors with vast experience in injury compensation claims. We can assist you in your case for compensation and provide you with legal advice on the merits of your case and assist you throughout the progress of the case.
