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What To Do If You're Self Employed And Hurt Yourself At Work

Consideration was given for the editing and publication of this post.

 

Are you a self-employed person who has recently suffered a work-related injury or illness in the USA while working for a client and you don't know what to do, or are you worried about whether you will get compensation or not? Then you have come to the right page. 

 

Here we talk about the different steps to take and ways to improve your chances of getting compensated for your injuries.  

 

Steps to Take As Soon As You Get Injured 

 

There are some steps you need to take as soon as the accident occurs. If you fail to take these steps, your chances of getting a fair compensation become highly reduced. These steps include; 

 

  • Getting medical attention as quickly as possible even if you consider the injury to be a minor one. Minor injuries can become worse after adrenaline production is reduced. Obtaining an official report of the injury sustained is also important as it will go a long way in helping you file for compensation. 

  • Ensure there is an official record of the accident. Records should include where it occurred, how it occurred and the types of injuries sustained. The record can be in the form of an accident report book or an email sent to the employer, or a letter sent via registered post. Don't forget to keep a copy of such a letter. 

  • Ensure you get enough statements from witnesses and remember to keep their contacts. 

  • Take photos of the injuries sustained. You should take these photos before receiving medical attention. 

  • Get photos of where the accident occurred, and if within your reach, obtain the CCTV footage of the incident. You would have the right to this if the accident occurred at work. 

  • Lastly, contact a personal injury lawyer that will establish a liability for the injuries you sustained in an accident at work as a self-employed. You should note that as a self-employed person, you may be responsible for your safety when working. However, if a company hired you to work on a project as self-employed, and you got injured during the project, the responsibility of taking care of the injury may fall on the employer. 

 

The more evidence you're able to tender that an accident took place at work and that you weren't at fault or that the accident wouldn't have occurred if the right safety measures were in place, the better your chances will be if the case is presented in front of a judge at a tribunal or your employer's liability insurance provider decides to settle the case out of court—referred to as "out of court settlement." 

 

Instances of When Self Employed Workers Could Claim Compensation After An Accident At Work

 

Several industries and companies hire self-employed workers and contractors to do jobs for them. These works include carpentry, bricklaying, plumbing, and electrical works. Usually, these works involve the signing of contracts stating the terms and conditions of the works.

 

If you are a self-employed worker or contractor,  it is the duty of your employer to give you the same privileges and working environment as a full-time employee in the company. An example of their duty is to ensure a safe work environment with minimum risk of injury occurring. Your employer must put in place safety measures to reduce the chances of you getting injured while working. Things they should do include; 

 

  • Ensure that employees and other staff are adequately trained to establish that they can carry out the job given them. 

  • They are to ensure all employees are given the company's working procedure and policy. 

  • They are to provide all necessary personal protective equipment for workers. 

  • Ensure all employees are trained on the equipment, machinery, and tool use. 

 

Reasons You May Be Entitled To Compensation After An Accident At Work If Self Employed

 

  • If you were not provided with the right equipment to carry out the job. 

  • Failure to give you sufficient training on how to do the job safely.

  • If you weren't provided with necessary personal protective equipment.

  • If you worked with faulty equipment, devices, or machinery. 

 

Your employer must ensure that all the equipment and machinery used are in good working condition and that they are adequately maintained to lessen the risk of accidents happening. 

 

The equipment provided must suit the job you are asked to do. If it doesn't, and you get injured while employed, then your employer can be termed negligent in their duty to make sure you are safe while under their employment. Your employer is held liable because they would be in breach of health and safety regulations and laws that stipulate you must be kept safe from harm while working and that your work environment is safe. 

 

What Amount of Compensation Could I Get After An Accident At Work As A Self Employed?

 

The amount of compensation you will receive after an accident at work as self-employed is dependent on different factors, and they include; 

 

  • The level of injury sustained in the accident at work

  • The amount of time it took you to recover

  • Your ability to earn a wage in the future

  • Your medical expenses

  • If the injuries sustained affects your ability to work

  • If you lost earnings due to the injury sustained in a workplace accident

  • Cost of taking care of yourself

  • Cost of traveling 

The amount of damages awarded to you is determined through the judicial guidelines. However, special damages given in work-related claims are dependent on the expenses incurred due to the damage caused by the injury sustained. Thus, it is crucial you tender receipts of all costs paid out due to the injury. 

To have a clear picture of how much accident at work injury compensation you could be awarded as a self employee, you should reach out to a team of personal injury lawyers like Shea Kohl Law, LC. An experienced Personal injury lawyer is in a better position to tell you if your claim is valid against your employer and the likely amount of compensation if your case is brought before a judge or settled out of court.

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