Daily Record

BECAUSE THIS MATTERS TO YOU

Don’t believe the naysayers: self-employed workers CAN recover compensati­on!

- Darrell Kaye, Partner with Digby Brown Solicitors, talks about how self-employed workers can claim.

Many workers think they cannot make a workplace injury claim simply because they are self-employed but this is not true.

The key to a successful case (and this is true for any personal injury claim) is being able to show you were hurt because something was wrong and the person or company responsibl­e for keeping it right failed to address it. For self-employed people this means there are many situations where they can in fact make successful claims for compensati­on.

Trade workers like joiners, bricklayer­s and electricia­ns are often hired to join a site as sub-contractor­s but constructi­on sites should be safe by following guidelines like the Health and Safety at Work Act 1974 and the Constructi­on (Design and Management) Regulation­s 2015.

Main contractor­s are responsibl­e for workers’ welfare by: • Providing PPE • Installing safety signs • Setting up cordons around hazardous areas Carrying out risk assessment­s If a site manager fails to do these and you suffer an injury then you may be entitled to compensati­on from the main contractor’s insurance company. This is important to note as it is the contractor’s insurer that pays your compensati­on: it does not come out the contractor’s own pocket. We’ve often seen constructi­on workers want to ‘just get on with things’. They don’t want to cause issues, look soft or like they are seeking a handout.

But compensati­on is not a handout. It’s not even an apology. It’s a payment to cover financial losses caused by your injury. If you are hurt and have to take eight weeks off then that’s a lot of money you and your family might lose – and how will that impact your ability to pay the mortgage or put food on the table?

If you are suffering because someone else did something wrong then isn’t it fair that those responsibl­e put things right?

One client we helped was Connor Penman. He was a bricklayer who was asked to operate a chop saw. But his employer failed to give Mr Penman the right training, equipment or carry out a risk assessment and Mr Penman suffered a serious injury to his fingers. Thankfully, we were able to help secure him £70,000 in damages to reflect his losses.

We believe a no win, no fee workplace accident injury claim is the only way to protect you (and your family) after an accident. It’s your legal right to seek help after an accident at work and being self-employed does not strip you of your rights.

Please contact Digby Brown Solicitors directly for further legal advice and to learn more about its no win, no fee approach to legal claims.

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