During this guide, we will provide you with information about claiming as an employee who is self employed after an accident at work in Scotland. 

Employees are owed a duty of care by their employer while at work. A breach of this duty that causes an injury will be seen as negligence, for which you may be eligible to start a personal injury claim.

You may wonder, ‘How do I prove my injury was caused by negligence?’. This guide will explore the evidence you could collect to support your claim as well as highlight the psychological, physical and financial impact your injury has had on you. 

Additionally, this guide will explore the settlement you could be awarded if your claim succeeds. It could comprise two heads which can compensate for the different ways your injuries have affected you and your life. We will explore these in further detail as well as how they are calculated later in our guide.

You may benefit from the range of services the No Win No Fee solicitors from our panel can provide, such as helping you collect evidence for your case or valuing a claim. To find out whether they could represent your case and how they offer their services, you can get in touch with an advisor using the following contact details:

• Contact us via our form
• Call the number at the top of the page
• Message us using our live chat feature

Select A Section

1. If You’re Self Employed And Had An Accident At Work In Scotland, Can You Claim?
2. How Could An Accident In The Workplace Happen?
3. What Compensation Could You Receive From A Self Employed Injury Claim?
4. Evidence That Could Help In An Accident At Work Claim
5. What Are No Win No Fee Agreements?
6. Learn More About Claiming If You’re Self Employed And Had An Accident At Work

If You’re Self Employed And Had An Accident At Work In Scotland, Can You Claim?

In accordance with the criteria set out for starting a personal injury claim as someone who is self-employed and had an accident at work, you must be able to prove the following:

• Firstly, you were owed a duty of care by your employer.
• Secondly, there was a breach of this duty.
• Thirdly, this breach resulted in your injuries. These three points form the basis of negligence.

An employer’s duty of care is set out in the Health and Safety at Work etc. Act 1974 (HASAWA). It states that they must take reasonable, as well as practicable, steps to prevent injury to their employees by ensuring a safe work environment. 

Section 3 of HASAWA extends this duty of care to persons not under an employment contract. It states that an employer must ensure that, so far as is reasonably possible, those not in their employment but may be affected are not put at risk to their health and safety. 

If you are a self-employed construction worker, on the premises of a business, you are owed a duty of care. If this duty is breached, you could become injured. For example, there may have been a spillage that wasn’t cleaned up or signposted within a reasonable timeframe causing you to slip and sustain an elbow injury. In this instance, it may be possible for you to pursue a claim for personal injury compensation.

For more information on when you could be eligible to begin an accident at work claim in Scotland, get in touch on the number above.

How Could An Accident In The Workplace Happen?

Accidents at work can happen for a variety of reasons. In some cases, they can occur if your employer has breached the duty of care they owed you and caused you harm. However, other accidents can occur where there is no one at fault. 

Below, we have provided examples of how an accident could occur at work:

• An employee might fall from a height after using a faulty ladder that was provided by an employer.
• An employer may have provided inadequate manual handling training. As a result, the employee sustains a back injury after lifting incorrectly. 
• There may have been a spillage that wasn’t cleaned up or signposted within a reasonable timeframe. As a result, an employee injures there shoulder after slipping on a wet floor.

If you can demonstrate that employer negligence occurred, you may be eligible to begin a personal injury claim as someone who is self employed after an accident at work.

For more information regarding your potential claim, you should speak to one of our advisors. If they find you have valid grounds to seek compensation, they may connect you to a solicitor from our panel. 

Is There A Time Limit To Making A Work Injury Claim In Scotland?

Generally, the time limit to start a claim is three years from the date of your injury. This is established in the Prescription and Limitation (Scotland) Act 1984. However, you may be able to claim outside of this time limit in certain circumstances. For example, if the injured person is under the age of 16, the time limit will begin from their 16th birthday. 

To find out more about other exceptions that could apply when making an accident at work claim in Scotland, speak to one of our advisors. 

What Compensation Could You Receive From A Self Employed Injury Claim?

After a successful claim, settlements can be awarded that comprise up to two heads of claim. The first is general damages which accounts for the pain and suffering your injury has caused. The award you receive will vary depending on different factors including the severity of your injury as well as the physical and psychological impact it has had on your life.

In the table below, you will find guideline compensation amounts included in the Judicial College Guidelines (JCG) from Judiciary UK. Solicitors can use these to help them value the general damages portion of your claim. 

Compensation Table

Injury	Guideline Value	Notes
Paraplegia (b)	£219,070 to £284,260	Different factors will determine level of award given, such as the person's age and the extent of any residual movement.
Moderate Brain Injury (c) (i)	£150,110 to £219,070	There is a personality change, effect on the senses, a significant risk of epilepsy and no prospect of employment. This is alongside a moderate to severe intellectual deficit.
Moderate Brain injury (c) (iii)	£43,060 to £90,720	The ability to concentrate affected, ability to work is reduced and there is a small risk of epilepsy.
Severe Back Injury (a) (i)	£91,090 to £160,980	Injuries involving spinal cord and nerve root damage with serious consequences.
Severe Hip And Pelvis Injury (a) (i)	£78,400 to £130,930	Extensive fractures to pelvis which involve dislocation to lower back joint as well as a ruptured bladder.
Hand Injury (c)	£96,160 to £109,650	One hand is completely or effectively lost.
Severe Leg Injury (b) (iii)	£39,200 to £54,830	Serious injuries to the joints or ligaments resulting in prolonged treatment and instability.
Moderate Knee Injury (b) (i)	£14,840 to £26,190	Injuries involving dislocation, torn cartilage or meniscus that result in weakness, instability, wasting.
Less Severe Wrist Injury (c)	£12,590 to £24,500	Injuries result in some permanent disability.
Moderate or Minor Elbow Injury (c)	Up to £12,590	Simple fractures, tennis elbow and lacerations that don't cause any permanent damage or impairment of function.

Please note that the figures are not guaranteed amounts because every claim is unique.

Special Damages When Claiming For Employer Negligence

The other head of claim is special damages, and it is under this head you will seek reimbursement for any past or future financial losses caused by your injury. Some examples include:

• Loss of income.
• Travel expenses.
• Medical costs.

It is important to prove your losses. You can do this by gathering evidence in the form of payslips and receipts.

For more information on the settlement you could receive following a successful claim, get in touch on the number above.

Evidence That Could Help In An Accident At Work Claim

Are you wondering, ‘how can I give myself the best chance of a successful claim?’. If so, evidence will be an important tool in strengthening your potential claim as it can be used to prove negligence. Also, it can highlight the extent of your injury, illustrate any psychiatric damage and prove any financial losses.

Here are some examples of evidence you could gather:

• CCTV footage of the accident 
• A diary detailing your treatment and symptoms 
• Medical records 
• Photographs of your injuries
• Contact details of witnesses

If you are considering seeking compensation for an accident at work in Scotland, you might find it beneficial to work with a solicitor who specialises in these types of claims. They can guide you through the process involved, help you collect evidence for your case and ensure your case is put forward in full within the correct timeframe. 

To find out whether you could be connected with a solicitor from our panel, you can contact one of our advisors for free. 

What Are No Win No Fee Agreements?

A No Win No Fee solicitor could offer to work your claim under a Speculative Fee Agreement or Damages Based Agreement as per the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

This typically means they won’t take a fee for their services upfront, as your claim proceeds or if your claim fails. However, if the claim is successful, your solicitor will take a success fee from your compensation. This is capped by law.

Contact Us

You can speak with one of our friendly advisors for free using the contact details below. They can answer any questions you may still have regarding your potential claim. To get in touch, you can:

• Contact us via our form
• Call the number at the top of the page
• Message us using our live chat feature

Learn More About Claiming If You’re Self Employed And Had An Accident At Work

Browse some more of our guides:

• Learn More About Personal Injury Claims In Scotland
• Read Our Guide On Claiming For Burns At Work
• Find Out If You Can Claim For A Fall From A Height At Work

Read these external links:

• GOV.UK – Learn how to request CCTV footage of yourself.
• NHS – Find out how to get your medical records. 
• Health and Safety Executive – Risk assessment template.

If you have any questions about whether you could claim as someone who is self employed after an accident at work, get in touch using the number above.

Writer Matthew West

Editor Meg Murial