Can I claim compensation if I am self-employed?

Self-employment accounts for 13% of total employment in the UK (Source: ONS employment statistics, 2024)

Self-employed people are often able to make a work injury claim if they are injured while carrying out their work. Even if you are not an employee, you may still be owed a duty of care by companies you work with, site operators, or equipment suppliers. Compensation can cover pain and suffering, lost earnings, and treatment costs.

Am I self-employed?

There is no single legal definition of self-employment, but you are generally considered self-employed if you run your own business, work in a trade or profession, or take responsibility for the success or failure of your work. Other common signs include:

  • Running a small business with no staff
  • Providing your own tools or equipment
  • Working for several companies at once
  • Being paid a fixed amount to complete a task
  • Working as a freelancer or contractor

However, if you mainly work for one company under its instructions, that business may still owe you the same duties as if you were employed.

When can self-employed workers claim compensation?

To succeed in a claim, it must be shown that:

  • A party owed you a duty of care
  • That duty was breached
  • You suffered an injury as a result

Common scenarios include:

Injured on another company’s premises

If you were injured on a site or premises operated by another business, you may be able to claim against that company. Examples include accidents caused by unsafe environments, poor training, or negligence by employees or other contractors.

Defective equipment

If you were injured by faulty machinery, tools, or PPE, you may claim against the company that supplied the equipment. Under strict liability, you can also claim against the manufacturer, distributor, or retailer, even if negligence cannot be shown.

Accidents at home or in public places

If your accident happened while working from home or in a public area, liability will depend on who controlled the space. For example, a local authority may be responsible for accidents on public property.

Who pays the compensation?

In most cases, compensation is paid by an insurance company, not the individual or organisation directly. This could include:

  • Public liability insurance held by a company responsible for premises
  • Product liability insurance of a manufacturer or retailer
  • Insurance held by a local authority for public spaces

Your solicitor will identify the correct party to claim against and deal with their insurer.

Do self-employed workers have health and safety duties?

Since October 2015, many self-employed people are exempt from most health and safety duties if their work poses no risk to others. However, if you work in a high-risk industry, such as construction, agriculture, or gas work, you must still comply with health and safety regulations.

High-risk activities include:

  • Construction and railway maintenance
  • Working with livestock or forestry
  • Gas, electrical, or asbestos work

What to do if you are injured as a self-employed worker

  • Report the accident: Even if self-employed, accidents should be logged. Serious incidents may also need to be reported to the HSE.
  • Seek medical attention: Always see a doctor or attend hospital. Medical records are key evidence in your claim.
  • Keep records: Collect witness details, photographs, and accident reports. Write down what happened in your own words.

How much compensation can I claim?

Compensation is calculated in two parts:

  • General damages – for pain, suffering, and loss of amenity
  • Special damages – for financial losses such as lost earnings, treatment costs, and travel expenses

If you were partly responsible for your accident, your award may be reduced, but you can usually still claim. Use our calculator to check eligibility and estimate the value of your claim.

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No Win No Fee claims for self-employed workers

Most self-employed injury claims are made on a No Win No Fee basis. You will only pay legal fees if your claim is successful. If your claim is not successful, you will not pay any fees at all.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed September 2025 by Chris Salmon

Have you been injured at work?

If you have been injured at work in the last 3 years, you may be able to claim financial compensation.

Find out more about making a work accident claim:

  • Do you qualify?
  • How much compensation could you get?
  • How does No Win, No Fee work?

Read more: Work accident claim guide

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