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Accidents at work: Employed or Self-employed – Where do I stand?

May 16, 2017

The Lord Chancellor’s National Insurance u-turn has raised concern, with many people getting in touch with us for free initial advice to ask whether they are employed or not, according to the law.

Blacksmith At Work Resize

In relation to an accident at work this may determine whether you are covered by an Employers’ Liability insurance policy and can claim under it.

If you are covered by the insurance, compensation can sometimes be paid out relatively quickly.

Otherwise there might be more of battle to enforce any payment against assets they have or company property.

Whether you are employed of self-employed will be down to the facts of each injured person.

Factors that are taken into consideration are:

  • Are you paid a salary or commission?
  • Are your National Insurance and Tax sorted for you or do you do your own?
  • Are you working all of your time for one person/company or do you work for many different ones?
  • Are you supplied with tools to do your job or do you supply your own?
  • Are your hours fixed by you’re the company or do you set your own?
  • Is your work organised for you or do you set your own schedule?
  • Are you covered by the company’s insurance or do you insure yourself?

This is not an exhaustive list. However if you fall more into the first option in each of the above list then you are more likely than not to be considered to be employed. The higher the number of first options the higher the likelihood that you are employed.

It may also affect what legislation applies to your accident. This can be used to illustrate that your employer may well be at fault for your accident and therefore you are entitled to compensation.

Many of the rules and regulations in this area of law will apply to you whether you are employed, self-employed or, in some cases, neither.

Many regulations come into effect on the basis of control ie. if someone was in control of a workplace or construction site or if you are working off the ground or using work equipment then the regulations are likely to apply to you.

Call our specialist Accident at Work team for free initial advice and we will be able to advise you on the above and explain your options. Call 0117 929 0333. 

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Accidents at work: Employed or Self-employed – Where do I stand?

Hugh Balchin

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