Can I Make A Personal Injury Claim For An Accident At Work If I Was An Agency Worker Or Self-Employed?
Posted on 10th April 2020
This question is one that our personal injury solicitors are asked on a regular basis. There are more and more of us that are agency workers, and the self-employed enjoy certain tax benefits, and those relating to expenses. So, the answer? Can you make a personal injury claim if injured at work, and you’re an agency worker, or self-employed? Well, yes, you most certainly can. the Law does not discriminate between a duty of care owed to a salaried employee, one paid via an agency or a self-employed worker (often called a sub-contractor) in the workplace.
Many workers think that because they are an agency worker, or self-employed, they do not have the same rights or that their employer is not ultimately responsible for them because of their method of obtaining the employment. MG Legal, your Solicitor in Garstang, would like to set the record straight and reassure anyone in that position of their rights as an employee in this circumstance. For example, many people who work on building sites are self-employed. Our personal injury solicitors recently, successfully pursued those in charge of the building site, for incorrectly erecting scaffolding, which our client proceeded to fall through. Our personal injury solicitors have also successfully pursued building companies for self-employed clients who have fallen over obstacles, or even down uncovered manholes, on building sites. There are millions of ways those employed, self-employed, and agency workers, can suffer personal injury in the workplace.
How do I make a claim as an Agency or Self-Employed Worker?
Quite simply, in the overwhelming majority of cases, your process for doing so is exactly the same as a ‘standard’ employee. The person, or company, running your place of work, or the site where you are working (see our reference to building site workers, above) is primarily responsible for your safety and so, they must provide the same level of care to you as they do to anyone else. Occasionally, if you are an Agency Worker, the Agency might be responsible for your Training or Equipment, in which case it may be necessary to pursue a claim against the agency, either instead of or as well as the place of work.
The various Regulations which govern Health and Safety at Work are all-encompassing and protect everyone to the same degree. You still have a right to the same training, safety equipment and safe working environment as everyone else. And of course, the right to be kept as safe from personal injury as reasonably possible.
You would be recommended to instruct a specialist Personal Injury Solicitor such as MG Legal, your Solicitor in Garstang. We have extensive experience in handling all types of Personal Injury Claims including Accidents at Work.
Occasionally, if you are an Agency Worker, the Agency might be responsible for your Training or Equipment, in which case it may be necessary to pursue a claim against the agency, either instead of or as well as the place of work. This does not present any problem in the larger scheme of things and it simply means that there may be a split between the two companies as to who was, ultimately, responsible for the failing which led to your injury.
Will my settlement be different as an Agency Worker, or Self-Employed Worker?
Your General Damages (personal Injury) will be the same, as all Injuries in these circumstances are based on recent Case-Law and the Judicial Studies Board Guidelines (JSB). The JSB is a Legal reference book used by Solicitors, Barristers and Judges to value pretty much every type of injury.
Your settlement for Lost Earnings may be different. As a ‘standard’ employee you are more likely to have access to sick pay and your salary will likely be steadier, meaning calculating any losses due to injury related absence is easier.
However, this does not mean you are not entitled to claim Lost Earnings, it simply means that you would need to provide a clear history of your past income, whether from the agency history or your wage slips as a regular agency worker or in the form of your history of invoicing and potentially your Self-Assessment Tax Return or Accounts signed off by your Accountant.
Don’t be put off, MG Legal will help you through the process
MG Legal, your Solicitor in Garstang, handle a variety of Personal Injury claims made by people who are employed in a variety of ways. We will always find a way to evidence your lost earnings and any other losses in a clear and favourable manner to ensure you receive the maximum award possible.
We offer Conditional Fee Agreements (no win, no fee agreements) for all Personal Injury cases we accept, so that you have the access to the Representation you need, whatever your circumstances.
Contact MG Legal by phone, email, web-contact form or at one of our offices in Lancaster, Garstang and Longridge and we will put you in touch with the right department. We aim to speak to you, assess your needs and have the ball rolling the same day, so that we can ensure you get the expert advice and representation you need straight away.
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