Can I Claim Compensation for a Work Injury if I’m Self-Employed?

By Ian Morris | Updated November 3rd, 2024

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Quick Answer: Yes, self-employed workers can claim compensation for a work injury if the accident was caused by someone else’s negligence. Although many self-employed individuals assume they cannot claim because they are their own boss, the law still protects them. If you were injured while working on someone else’s premises or under the control of another party, you may be eligible to make a claim. Compensation can cover medical expenses, lost income, and other damages related to your injury.

Key Takeaways:

Eligibility: Self-employed workers can claim compensation if their injury was caused by the negligence of another party, such as a contractor or site operator.
Common Causes: Accidents involving machinery, slips and trips on unsafe premises, or lack of proper safety measures.
Compensation: You may be entitled to compensation for medical bills, lost earnings, and pain and suffering.
No Win No Fee: You won’t pay legal fees unless your claim is successful.

Self-Employed Workers and Injury Claims

Many self-employed workers mistakenly believe that they cannot make a compensation claim for injuries sustained at work. This misconception leads countless individuals to miss out on the compensation they deserve. While it’s true that self-employed workers don’t have the same statutory rights as employees, they are still protected under UK law when it comes to health and safety.

If you’ve been injured while working as a self-employed individual—whether on a construction site, in someone else’s business premises, or even at home—you may be entitled to compensation if someone else’s negligence caused your injury. This guide will explain how you can make a claim and what steps you need to take.

Can I Claim Compensation If I’m Self-Employed?

Yes, you can. Under the Health and Safety at Work Act 1974, all employers and those in control of work premises have a duty of care to ensure that the environment is safe for everyone—including self-employed contractors and freelancers. If you’ve been injured due to unsafe conditions or negligence on the part of another party (such as a contractor or site manager), you can make a claim.

Common Scenarios Where You Can Claim:

Unsafe Working Conditions: If you were working on someone else’s premises and were injured due to unsafe conditions (e.g., slippery floors without warning signs, faulty equipment), you can hold them responsible.
Lack of Proper Training: If you were not given adequate training for a task that led to your injury.
Defective Equipment: If the tools or machinery provided by the company were faulty or unsafe.
Site Hazards: Accidents caused by poor site management (e.g., lack of safety barriers around dangerous areas).

In these situations, it is possible to pursue compensation from the responsible party’s insurance.

How Do I Know if Someone Else Was at Fault?

Determining fault in self-employed injury claims can sometimes be tricky. As a self-employed worker, you’re responsible for your own safety to an extent. However, if another party’s negligence contributed to your accident, they may be held liable.

Signs That Someone Else May Be at Fault:

Health and Safety Breaches: If there were clear violations of health and safety regulations (e.g., no safety equipment provided or inadequate site supervision).
Lack of Induction or Training: If you weren’t given proper instructions or training before starting work.
Unsafe Work Environment: Poorly maintained premises (e.g., broken stairs, exposed wiring) that led to your injury.

If you’re unsure whether your accident was someone else’s fault, it’s best to consult with a solicitor who specialises in personal injury claims. They will assess your case and advise whether you have grounds for a claim.

What Should I Do After an Accident?

If you’ve been injured while working as a self-employed individual, there are several important steps you should take:

1. Seek Medical Attention

Your health should always be your first priority. Even if your injuries seem minor at first, get checked by a medical professional as soon as possible. Medical records will also serve as crucial evidence in your compensation claim. All that said, while having a professional medical opinion to back up your case can be highly beneficial, it’s not the end of the world if you’ve been unable to speak to a doctor or visit hospital. Depending on the circumstances, you may still be able to make a claim.

2. Report the Incident

If the accident occurred on someone else’s premises (such as a construction site), ensure that it is recorded in their accident book. This creates an official record of what happened. If you are prevented from seeing or using the accident book there are still things you can do to ensure evidence exists.

3. Gather Evidence

Collect as much evidence as possible:

Photographs: Take pictures of the scene where the accident occurred and any hazards that contributed to your injury.
Witness Statements: Get contact details from anyone who witnessed the accident.
Accident Reports: Keep copies of any official reports made about the incident.

4. Contact a Solicitor

Reach out to our personal injury solicitors with experience in handling claims for self-employed workers. They will guide you through the claims process and help gather additional evidence if needed.

What Can I Claim For?

The amount of compensation you can claim depends on several factors, including the severity of your injuries and their impact on your life. Typically, compensation covers both general damages (for pain and suffering) and special damages (for financial losses such as medical expenses).

Types of Compensation:

General Damages: For pain, suffering, and loss of amenity due to your injury.
Special Damages: To cover financial losses such as:
- Medical bills
- Lost income (both past earnings and future loss of earnings)
- Travel expenses related to medical treatment
- Rehabilitation costs
- Home adaptations (if necessary)

If you’re unable to work due to your injury, it’s essential to keep detailed records of all financial losses so that these can be included in your claim.

How Much Compensation Could I Receive?

The amount of compensation varies depending on factors such as:

The severity of your injury
The impact on your ability to work
The level of pain and suffering endured

For example:

Minor injuries may result in compensation ranging from £1,000 to £10,000.
More severe injuries like broken bones or long-term disabilities could result in payouts exceeding £50,000.

Your solicitor will provide an estimate based on similar cases once they’ve assessed your situation.

Sick Pay and Benefits

Being involved in an accident can have a major – and potentially long-term – impact on your income. The situation can be made more acute by the fact that self-employed workers don’t qualify for Statutory Sick Pay.

However, if your ability to work has been hampered by injury, you may well be eligible to receive Employment and Support Allowance (ESA). In some cases, it’s also possible to claim Universal Credit at the same time. ESA is only paid to people who don’t qualify for Statutory Sick Pay. Note that receiving compensation can affect your benefits.

No Win No Fee Claims

Most personal injury claims for self-employed workers are handled on a No Win No Fee basis. This means:

No Upfront Costs: You won’t need to pay any legal fees upfront.
No Financial Risk: If your claim is unsuccessful, you won’t owe any legal fees.
Success Fee: If successful, a pre-agreed percentage of your compensation will cover legal fees.

This arrangement ensures that anyone—regardless of financial situation—can pursue justice after being injured at work.

How Direct2Compensation Can Help

At Direct2Compensation, we understand how stressful it can be when you’re injured at work—especially when you’re self-employed. Our team has extensive experience handling personal injury claims for self-employed individuals across various industries.

Why Choose Direct2Compensation?

Expert Legal Advice: We specialise in workplace injury claims for self-employed workers.
No Win No Fee Service: You won’t face any financial risk when pursuing compensation.
Comprehensive Support: From gathering evidence to negotiating with insurers—we handle every aspect of your case so that you can focus on recovery.

If you’ve been injured while working as a self-employed individual due to someone else’s negligence—contact us today for expert advice on starting your claim. You can start your claim online or , and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.

Frequently Asked Questions

32 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming, plus self-employed injury claim examples...

Hello I am working as a self employed tradesman I have been working for the same company for 7 years and work on various sites,houses and workshops on behalf of this company I am currently refurbishing one of the bosses houses and was at work on Friday when I cut my leg on a piece of plaster board beading which had been left stuck out of a rubbish box by the boss who was supposed to have cleaned the area and thrown all the rubbish out I had to stop work and take myself to a medical centre where I had 8 staples put in to close the wound and need to go back in a week for them to be removed.I called the boss when the accident happened and he said there was no first aid kit I told where I was going to see if I could get it stiched this was at 5pm at 8,30 pm he text me to see how my leg was and when I told him he just replied ouch do you think I have a claim as I was injued through no fault of my own and it was his job to make sure the area was safe to work in Kind regards Gerard

Our view is that you do have a valid claim. The site contractor for whom you work does have a duty of care towards the health and safety of all on the site. In this case, there is a clear argument to be made that your injury was caused by negligence. Allowing the sharp plasterboard beading to protrude from the rubbish in to the walkway is clearly dangerous and your injury is obviously sufficiently severe.

We would be very happy to assist you in pursuing your claim on a No Win No Fee basis against the contractors insurance to ensure that you are compensated for the pain and discomfort of the injury and the scarring that will remain along with recovering any loss of income or costs you incur as a result of the injury sustained.

For a no obligation conversation about your accident and potential claim, please call us on 01225430285 or request a call via our website and we’ll contact you to explain your rights after an accident at work and how we can assist you.

I look forward to hearing from you.

Hi. I’m a self employed window & door installer that was sub contracting to a sole trader, whom I was working with on the day of the accident. He was assisting me in the removal of a French door frame. As I was cutting the side of the frame with a reciprocating saw I asked him to hold the head of the frame to prevent it falling ( which is the same practice as always do ) subsequently the head of frame fell on top of my head resulting in a 2 to 3 in gash. I had to receive hospital treatment ( glue the wound) which was extremely painful as was the initial impact. This happened just over a year ago. Would I be eligible for compensation ? Thanks.

As the fault of the incident in which you were injured seems to rest with the person to whom you were sub-contracting, you may well be able to pursue a claim for personal injury against that person – the ’employer’. This is a matter that we would like our Solicitors to consider and advise further upon. Please call us on 01225430285 or use our website to make further enquiries and we can then ensure that your case is assessed properly and if viable to do so, pursued on a No Win No Fee basis.

Hi , I’m a self employed publican (landlady) can I claim off my insurance for repetitive strain in my elbow?

As you are self-employed, you are probably liable to ensure that your own working practices do not cause injury. It is unlikely that the insurers will cover you, but you could certainly contact them to find out.

Hi I am a self employed construction worker. Last week whilst carrying large boards of insulation up a staircase I slipped and injured my back. I have never been given a site induction, and the incident was never recorded in an accident book as I am pretty sure we don’t have one. The staircase was covered in loose gravel, no warning signs. I have worked for this company for over a year and have been asked to provide receipts to give the impression that I am not a long term employee.

Although you are self-employed, in this case it would seem likely that you could pursue a claim against the main contractor on the construction site (the party responsible for the management of the site) as you have not been given a site induction (a standard construction site requirement) and the condition of the stairs is a matter that can be questioned.

A key issue you need to address is making sure that your injury is recorded correctly both on the site (and also with the firm you were working with/for) and that you speak to your GP (a telephone consultation would suffice). Ensuring that these two issues are actioned will provide good evidence to support you should you pursue a claim.

Our Solicitors will be able to help you.

If a self employed person, breaks their ankle whilst carrying out an eviction task on land owned by HS2 can the injured party claim for a life changing injury, can they claim from HS2?

If the injury can be attributed to negligence on the part of the employer or contractor for whom you were acting, you can pursue a claim. In this case, we need to know more about the incident and exactly how you came to sustain a broken ankle before we can advise as to whether or not you will be able to successfully hold the employer/main contractor liable for your injury.

I’ve been working on a self-employed basis with a cleaning company after being made redundant from my head chefs job in November 2020. Last week I fell headfirst down the stairs I was dusting. I ended up breaking my left wrist and right thumb. Stupidly haven’t taken out any insurance on myself and now have no income or any way of earning for a few months. Is there a claim here?

If you can attribute your fall to negligence, you can pursue a claim for compensation. In this case, we must therefore look at two areas to see whether there is a potential claim. Firstly, the stairs themselves and whether there was something on the stairs that lead to you tripping or slipping. If there was something on the stairs, such as a loose or raised piece of carpet that tripped you or a spillage or substance with no hazard sign that led to you slipping and falling, you would have a valid claim.

Secondly, we need to consider the company for whom you were working and whether should have taken action to prevent such an injury. As such, if you fell because you were having to over-reach to access an area or precariously balance on something where a more suitable platform or ladder would have prevented an injury, you can pursue a claim.

Essentially, we need to establish that you haven’t simply just misplaced your footing and fallen. Please elaborate on the above and I can then advise you further.

I am self employed and was doing a few jobs for a company and while at work I slipped in Oil from a previous job while carry a heavy box and it landed on my foot and crushed my toes. I have had two weeks off work and struggled to walk, have I got a case??

It would appear that you have a valid claim for compensation, so please contact us. As long as it was not you who spilled the oil or had left the floor in a hazardous condition, you can pursue a claim against the company responsible for the premises where you slipped.

Just an enquiry, have been self employed for 30 years but not subbed in many years, is there anything I could claim for as I been diagnosed with arthritis in multiple joints hands and carpel tunnel, I am a plasterer 46, and most my work has been on domestic houses. So not sure I hold much case, thanks

As you are self-employed, you will struggle to pursue a claim as there is unlikely to be any 3rd party against whom you can apportion negligence.

Hi I’m a courier, self employed. While doing a collection I fell down about ten steps hurt my leg and damaged my rotar cuff In my shoulder, can I claim and if so who from?

Whether or not you can claim (and against whom) will depend on the cause of your fall down the flight of steps. To make a claim for personal injury compensation, the injured party must be able to attribute their injury to negligence. Therefore, in this case, you could make a claim if there was some disrepair on the steps (damaged surface, something sticking up, loose edging or carpet etc) or if the steps were wet/had some substance on them and there was no hazard warning sign on display. Other areas of negligence could include issues such as broken lighting. However, if you simply misplaced your footing and then fallen, you cannot make a claim.

Please let me know more about your fall and I can then advise further.

I am a self employed solar installer and fit the panels to the roofs for another ltd company. When screwing brackets to the outside of the roof i hit the main power cable that feeds the house from the grid which shouldn’t of been there. This cable had been run in a strange way and was inbetween the roof truss and the felt at this location i was attempting to fix to. The resulting arc/explosion of the fixing and drill burnt my hand and i had to go to hospital for observations. I didn’t check inside the loft before i started work as i would have clearly seen this error, can i claim and who would i sue in this case?

If the main power cable was fitted and installed negligently and not in accordance with the appropriate regulations, it may be possible to succeed with the claim. Do you know if it is known as to who installed the cable and when?

To succeed with a claim for personal injury compensation, supporting evidence will be needed to substantiate the claim. In this case, that is likely to be the details of who installed the cable and when, along with a record of the incident within the site operators accident book. Also, if an Ambulance was called to the scene of the incident, that could provide sufficient evidence to prove you were injured on the site as described.

Please call us on 01225430285 so that we can further discuss your accident at work and a potential claim for compensation.

I had an accident at work I am self employed and I work on a regular basis for this company in their yard. It happened may 2018, ambulance was called, taken to hospital. Ankle was broken in 2 places. Surgery of metal plates the next day. Not sure it was recorded in accident book. But would there be records from the hospital ambulance etc?

We need to speak with you about your accident at work so that we can ascertain whether or not you can pursue a claim for personal injury compensation.

In terms of evidence to support your claim, if an Ambulance attended the scene of the incident, it is likely that an accident report would have been completed by the company in question and there is of course also going to be ambulance records that confirm that you were treated at the scene and conveyed to Hospital with injury. Therefore, it should not be too problematic to prove that you were injured in the location claimed.

I had an accident at work and broke my leg. I was self employed, should the client I worked for show me the report he sent to the HSE and should they have investigated the accident as I was air lifted to hospital?
Should the client have done and showed me a risk assessment of the work site and informed me of any hazards?

If the client for whom you were working was aware of potential hazards, but failed to inform you or erect any barriers or warnings regarding the hazards, they may be liable for the injuries you sustained.

Please call us on 01225430285 so that we can discuss your situation and further consider whether or not we may be able to help you make a claim for compensation for the injuries you have sustained.

If I’m a self employed taxi driver and was given lots of wheelchair work and have had to have 2 hernia repairs, and now in desperate need of a operation to my lower back which is quite bad, can I claim against the company that give me the jobs?

As a self-employed worker taking on a contract of work from a 3rd party you are responsible for your own health and safety and in the scenario you describe, it is not likely that you would be able to pursue a claim successfully against the company that has provided you with work.

I’m a gas engineer and have recently pursued a claim against Severn Trent after I fell down a man hole off a public road whilst doing my job. In the fall I hurt my shin quite badly and the drain spun and impacted my knee which I know struggle with, especially in my work as a fitter.

I tried to claim as my company said it was a very serious matter as it was in a public place but they sent my application off for just lack of earnings for three days and new clothing which was all I wanted they denied it and said that it wasn’t there responsibility!

I never went to hospital as I’m self-employed and have other people that work for me. Could you help? I have supporting emails, videos & pictures etc.

We may well be able to help you with a claim, including recovering your lost earnings. You mention having supporting video footage, photographs and emails. It would help us greatly if you could forward them to us for consideration so that we can advise you further and seek assistance from our specialist Solicitors for you.

Please email your items to: justice@direct2compensation.co.uk along with your telephone number and a brief description of your accident, including the date. We’ll then be able to review the information and get back to you in more detail.

Hi cut my hand at work when I was doing high level work on ladder, as I was pulling down the second run on the ladder the first run slid down at speed my immediate reaction was to reach up toward the ladder the foot of the ladder
Hit my hand and left a big gash in my hand I notfity my company via email but I had no response from them i had to have few days of I am self employed , so don’t know where I stand on this I have photo and proof of email sent when I was unable to intend work but again no respond from the work place .

Although you were self-employed, you may have rights to make a claim for compensation against whoever had contracted you. If the ladder is your own, you would probably have your own responsibility for ensuring it was fit for purpose and safe to use (and that you were trained in using it safely). However, if the ladder belongs to a main contractor you could take this further (possibly!). We’ve an article on ladder accident claims which might be of further interest.

Hi, I have an accident at work. I worked as a self-employed in LTD company. In that company, I worked for more than 3 years. And my taxes were deducted and I was paid by weekly wages every week, the company was paying for some of my tools I never worked for the price work or in other jobs without the company knowing.
1. Can I be described as an employed?
2. I worked in the building and I was told about the hazard day before from another person (not the boss) as he never came on site that day. But no one did anything to prevent the accident no signs or barriers were placed only by word of the mouth :/ day before. Is that my fault for an accident as I been told day before?
3. Who will be responsible if a company don`t have employe liability insurance and have only public liability and public liability decides to not take that case? Is that mean if in a company bank account £1 only, so for me no point to even claim?

The situation/scenario you describe is exactly why No Win No Fee personal injury compensation claim services are so vital and important. You have clearly had an accident that was not your fault – the employer should have ensured that the hazard was clearly marked or blocked with barriers. Their failure to do this puts them in breach of Health and Safety regulations.

Although you are unsure as to the insurance cover held by the employer and have concerns about how any claim against the employer will be handled at their end, you can pursue the matter with us on a No Win No Fee basis, safe in the knowledge that should the defendant either not have appropriate cover/funds to settle your claim or if the claim were to fail, you would not have to pay any costs.

At Direct2Compensation we will assess the prospects of your claim and then our specialist Solicitors will run a risk assessment. If we decide that we will pursue your claim on a No Win No Fee basis, we take the financial risk should the claim fail and not you.