Self-employed accident at work: can you make a compensation claim?
Last updated · 22 May 2026
Can a self-employed person claim for an accident at work?
Yes, in many cases. The right to claim does not depend on whether you are an employee. It depends on whether a legal duty of care was owed to you and whether that duty was breached.
Section 3 of the Health and Safety at Work etc. Act 1974 requires every employer and self-employed person to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment are not exposed to risks to their health or safety. This means that a business whose activities could harm a visiting contractor or self-employed worker must manage those risks, even though that worker is not on the payroll.
If you were injured because a business failed to maintain safe premises, failed to provide adequate information about hazards, or exposed you to risks it had a duty to control, you have a potential claim against that business even if you were working for them on a self-employed basis.
Section 3 of the 1974 Act: the duty to non-employees
Section 3 of the Health and Safety at Work etc. Act 1974 is the primary legal basis for a self-employed contractor's compensation claim. It covers:
- Self-employed contractors working on a client's premises or construction site
- Freelancers visiting a business's offices to provide services
- Sole traders carrying out maintenance, delivery, or other work for a business
- Agency workers placed at a host employer's site (who may also be covered by the host's duty to direct employees under the Occupiers' Liability Act 1957)
The section 3 duty is the same standard as the section 2 duty owed to employees: risks must be controlled so far as is reasonably practicable. The business must carry out risk assessments, maintain safe premises, provide adequate information about hazards, and ensure that its systems of work do not expose contractors to foreseeable risks.
A business that says "you are a contractor, not our employee, so we are not responsible" is almost certainly wrong where the hazard was created by or under the control of that business. For a full guide to the legal duties businesses owe on their premises, see our employer duties guide.
When is a business liable for a self-employed accident at work?
A business is most likely to be liable for an accident at work to a self-employed worker in the following circumstances:
The hazard was on the business's premises or site. A damaged floor, an unguarded machine, or inadequate welfare facilities that cause an injury to a visiting contractor all create potential liability under section 3 and the Occupiers' Liability Act 1957.
The business controlled how the work was done. Where a business dictated the methods, tools, and procedures used by the contractor, it exercised a degree of control that brings obligations comparable to those owed to an employee. The degree of control is a key factor in assessing liability.
The business failed to share information about known hazards. A business that knew of a risk (live electrical wiring, asbestos, unstable ground) and failed to warn a visiting contractor who was subsequently injured by it is likely to be found in breach of its section 3 duty.
The injury was caused by another worker on site. Where a directly employed worker's negligence caused injury to a self-employed contractor on the same site, both the negligent worker and their employer may be liable.
What if the self-employed person was genuinely independent?
Where a self-employed person was truly independent, using their own tools and methods, taking their own financial risk, and not subject to the direction of the business, and the accident was caused solely by their own decisions, they cannot bring a claim against the business. There is no defendant to sue.
However, genuinely independent self-employed workers may still have claims in other circumstances:
- Against the manufacturer or supplier of defective equipment under the Consumer Protection Act 1987
- Against the occupier of premises under the Occupiers' Liability Act 1957 where the premises themselves were unsafe
- Against a third party (another contractor, a delivery driver) whose negligence caused the accident
The distinction between a genuinely independent contractor and one who is directed by and dependent on the business is often contested. Courts look at the actual working arrangements, not just the label on the contract. If you were told when to arrive, what to do, and how to do it, you may have more protection than a simple "self-employed" contract suggests. A regulated solicitor can assess your specific working relationship.
Sick pay and income protection for self-employed workers
Self-employed workers have no employer and are therefore not entitled to Statutory Sick Pay. SSP is an obligation on employers to pay qualifying employees during sickness absence. If you are genuinely self-employed, there is no employer to pay it.
This makes lost income a particularly important element of any compensation claim for a self-employed worker. Where you cannot work because of an injury caused by another party's negligence, your lost trading income, profit, or day rate during the recovery period is recoverable as past lost earnings in a civil claim. Future lost earnings are also recoverable where the injury has a lasting effect on your ability to work.
Quantifying lost earnings for a self-employed person requires accounts, tax returns, and evidence of the contracts or work you were unable to complete during the relevant period. Your solicitor will build this into the schedule of loss. HMRC records and previous invoices are typically the primary source of evidence.
Some self-employed workers may be eligible for Industrial Injuries Disablement Benefit (IIDB) where they develop a prescribed occupational disease and have paid Class 2 National Insurance contributions. See the IIDB eligibility page on GOV.UK.
How are lost earnings calculated in a self-employed claim?
Lost earnings for self-employed workers are calculated on the same principle as for employees: what would you have earned during the period of incapacity but for the injury? The calculation is based on your established earnings pattern immediately before the accident.
For sole traders and freelancers, the most common evidence is:
- Three years of Self Assessment tax returns showing taxable income
- Bank statements showing regular trading income
- Contracts, invoices, and purchase orders for work that could not be completed
- Evidence of any contracts or engagements that were cancelled as a direct result of the injury
Where income varied year on year, an average is typically taken. Where you were at the early stages of building a business, expert accountancy evidence may be needed to project what the business would have earned with a reasonable trajectory.
The cap on the success fee under a Conditional Fee Agreement does not apply to future lost earnings. If your self-employed income was substantial and your injury affects your ability to work long-term, the future earnings element may significantly exceed the general damages award. For a full explanation of how a no-win-no-fee agreement works for self-employed claimants, see our no-win-no-fee guide.
What is the time limit for a self-employed accident at work claim?
The time limit is three years from the date of the accident under section 11 of the Limitation Act 1980. This applies whether you are an employee or self-employed. The limitation period starts on the date of the accident, or, for industrial diseases and gradually developing conditions, on the date you first knew your condition was caused by your work.
The same exceptions apply: children under 18 at the time of the accident have until their 21st birthday. The court has a discretion to extend time in exceptional cases, but this is not guaranteed and is not a substitute for acting promptly.
If the business you were working for has since ceased trading, dissolved, or been taken over, the claim may still be possible through the employer's liability insurers, who remain on risk under the policy. Our time limits guide covers all exceptions in full, including claims against insolvent or dissolved businesses.
For a step-by-step guide to starting a compensation claim from instruction through to settlement, see our claims process guide.
This guide is for general information only and does not constitute legal advice. The boundary between employee and self-employed status, and the question of which duty of care applies, requires individual legal assessment. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.