We are often asked that a self-employed accident at work claim cannot be make because the self-employed worker will effectively be suing himself or herself. Whilst that is technically true there are many occasions when a self-employed worker can claim compensation due to an accident at work.
Circumstances where a self-employed worker can claim compensation
his is often where the self-employed worker is a contractor on site. The most obvious and common example of this is on a building site where there can be multiple business and self-employed workers on site at the same time in one place.
Anyone of these self-employed workers can be involved in an accident at work and can sue for compensation. Why? This is due to the fact that if liability rests with another business or self-employed worker on site, that other business or person can be liable to pay accident at work compensation to the self employed.
Case Example: Self employed accident at work
Say for instance, there were several businesses working on site. One business (A) employs a specialist sub-contractor to undertake specific work. A has control of the site where the self-employed worker is operating. A’s has responsibility for the lighting on site. Where the self employed worker is attending to his duties, it is clear that the lighting is inadequate. As a result of the failure to provide adequate lighting at the work place, compensation for personal injury can be sought. The self employed accident at work claim can be brought by work injury solicitors against the main contractor.
Under the Occupiers’ Act all persons/businesses owe a duty of care to everyone who attends or occupiers the premises or work site. Therefore a self employed worker in the above example may not only have a claim against the main contractor who employed him but also, if the main contractor’s defence is such that the owner of the premises was at fault as the it was the owner’s responsibility.
Self employed and accident at work claim
Therefore, in short, yes a self employed worker who sustains an injury at work can make a work-related injury compensation claim. If however, the injury was entirely the fault of the self-employed worker and there is no other third party can be at fault, then no work accident solicitor will be able to help make a claim.