Am I Still Able To Make An Injury Claim If Working For Cash In Hand?
Employers have a duty of care towards their employees. They should take reasonable precautions to protect their health and safety. If a worker is injured at work because of negligence on the part of the employer, they could make a claim for compensation. But what happens if the worker is paid cash in hand, for the sake of convenience or because they are self-employed? If you are injured while working for cash, can you still claim compensation?
If you are paid cash in hand but your income is declared, you could be able to claim compensation for injuries that weren’t your fault at work. Essentially, if you’re legally employed, you could claim compensation if an employer causes your injuries.
If you have been injured while working for cash, we recommend you call Accident Claims UK on 0800 073 8801 to see if you are eligible to claim compensation. Alternatively, you could contact us through other means.
Select A Section
- A Guide On Claims If Injured Whilst Working For Cash
- What If I Am Paid In Cash And Injured At Work?
- How Do You Prove You Were Injured As A Result Of The Accident?
- Could You Prove That You Were Injured Whilst Working For Cash?
- How Do You Prove Your Employment Status When Working For Cash?
- How Do You Prove Who Owes You A Duty Of Care?
- Calculating Compensation If You Were Injured While Working For Cash
- Special Types Of Damages You Could Claim
- How To Prove Your Income Losses
- No Win No Fee Personal Injury Claims If Injured Whilst Working For Cash
- Why Claim For Your Injuries With Our Team?
- Begin Your Accident Claim
- Essential Resources
In the UK, many employers pay their employees’ salaries through their bank account. However, some employers pay their employees cash in hand for a number of reasons. For example, paying casual staff cash in hand is sometimes a preferred option. People who are self-employed, such as a tradesperson, may visit several clients in a single day. They may also be paid cash in hand for their work.
Is Cash In Hand Legal In The UK?
In certain circumstances, it is legal to pay an employee cash in hand or for self-employed people to receive cash in hand payments. If the income is declared to the HMRC, cash in hand can be lawful.
You’ll know if your income is declared because your employer should provide you with a payslip whenever you’re paid. The payslip should show your wage as well as a figure for the tax you pay.
If you are self-employed, you should state your cash in hand income to the HMRC when you fill out your annual tax return. If you don’t declare this and avoid paying taxes, it could be unlawful.
As long as you have worked for cash in hand legally, claiming compensation for an accident at work that was not your fault could be possible. If not, claiming compensation may be more difficult. You could also be prosecuted for tax evasion or fraud.
In this guide, we’ll look at how to make a compensation claim for an injury at work that wasn’t your fault. To get in touch about your potential claim, call Accident Claims UK today. If we can see that you have a formidable claim for compensation, we could put you in touch with a knowledgeable personal injury solicitor to handle your claim.
People who are self-employed may be paid for their work by cash in hand. Such self-employed workers could include:
- Market stall traders
Depending on the nature of their work, self-employed workers may receive cash in hand payments alongside credit card payments and bank transfers. If you’re self-employed, you are responsible for declaring your income and filling out a tax return to the HMRC each year. You may also find that you’re responsible for your own health and safety at work.
However, even when self-employed, if you were injured in a workplace due to an employer’s negligence, you could claim against them. For example, if you are lawfully paid cash in hand as a DJ, but you fall down the stairs of the venue you’re working at because your client refused to fix faulty handrails, you may be able to claim if you’re injured as a result.
If you have been paid cash in hand as an employee and your employer has fulfilled their PAYE obligations, you could be able to claim for an accident at work. That is, providing you were injured due to your employer’s negligence and you suffered an injury.
If you have been injured whilst working due to an accident that was not your fault, you may be eligible to claim compensation for your injuries.
To make an effective compensation claim, you or your solicitor (if you choose to use the services of one) will need to prove the following:
- You were owed a duty of care by someone (for example, an employer or client).
- The party that owed you a duty of care breached that duty, causing an accident.
- The accident caused your injury.
If you are an employee, your employer owes you a duty of care to protect your health and safety at work under the Health and Safety at Work etc. Act 1974. Similarly, if you are a self-employed contractor who was paid in cash, working in a private home, on the premises of an organisation or in other environments, you may be owed a duty of care by the controller of the space you worked in.
To find out who owed you a duty of care to protect your safety, get in touch with our advisors. For your convenience, they’re ready to take your questions at any time, day or night. And their advice is free of charge.
To prove you were injured due to an accident at work, you could:
- Take photographs of the health and safety hazard that caused your accident. If possible, use a date stamp.
- Take photographs of your injuries if they are visible. If possible, use a date stamp.
- Speak to anyone nearby who witnessed the accident. Make a record of their names and contact details. They may be able to provide witness statements to support your compensation claim.
- If there was CCTV in operation, you could request the footage.
- If you make any purchases due to your injuries, keep the receipts. These can be used as evidence to support your claim. You may also be able to claim back the cost of these expenses.
- Report your accident in the accident log book of the workplace. Make sure it is accurately recorded, noting the time, place and date of your injury.
- Have your injuries diagnosed by a medical professional. Not only is it important for you to get treated, but your medical records could also act as proof of your injuries.
Your cash in hand work employment rights do not allow you to avoid taxes. We recommend that you never accept ‘under-the-table’ cash in hand payments from an employer who is not fulfilling their PAYE obligations. If you fail to do so you are risking fines for receiving cash in hand and potentially losing out on in-work benefits such as Statutory Sick Pay (SSP) and Statutory Maternity Leave.
If you are an employee of a business that was not paying your taxes and National Insurance contributions, it may be harder to prove that you were an employee. Your employer should provide you with a payslip, no matter how they pay you. They are legally obliged to do this. The payslip could help you prove your employment status. It should include:
- Your income before and after any deductions.
- Deduction figures such as tax and National Insurance.
- How many hours you worked if your pay varies depending on time worked.
If you are self-employed, you should declare your income during your annual self-assessment tax return, otherwise you could be committing fraud. Therefore, you should be keeping a record of cash payments you receive from customers or clients and your self-assessment tax returns could help you prove your employment status.
You could show that someone owed you a duty of care through law. The Health and Safety at Work etc. Act 1974 requires employers to owe their employees a duty of care. This means that employers should protect the health and safety of their employees. They could do this by making sure their workplace is safe from hazards, for example.
If an employee suffers an accident at work due to negligence on the part of the employer and becomes injured as a result, the employer could be held liable for their injuries. This means that employees could be eligible to claim compensation from them.
Similarly, if you are a self-employed contractor who was working on someone’s premises or the premises of a business or organisation, they could have owed you a duty of care to protect your safety. Those in control of places accessible to the public should ensure the wellbeing of visitors under the Occupiers’ Liability Act 1957.
Providing you didn’t wholly cause your own injuries, you could seek compensation. Get in touch with our team of advisors to find out more.
If you have been injured whilst working for cash and it wasn’t your fault, you may be eligible to claim compensation from your employer or a client. You may have used an online claims calculator to estimate how much compensation you could be owed. Though they can be helpful, they are not always accurate.
Because of this, we’ve added in the below table. This table can be used to estimate how much compensation you could be paid in general damages (compensation for the loss of amenity, pain and suffering that your injuries have caused).
|Form Of Injury Sustained||Further Information On The Injury||Settlement Awards|
|Psychiatric Damage: Severe||Victims could find aspects of everyday life hard to deal with. The prognosis would be very poor.||£51,460 to £108,620|
|Mental Anguish||There is a fear of a severe reduction in the persons life expectancy or where there is a fear of imminent death.||£4,380|
|Paraplegia||Victims are left paraplegic as a result of their accident.||£205,580 to £266,740|
|Epilepsy||This compensation is recommended for Established Grand Mal.||£95,710 to £140,870|
|Immediate Unconsciousness Which Leads To Death (C)||Unconsciousness will happen immediately after injury and then death will follow in 6 weeks.||£3,530 to £4,120|
|Brain Damage: Moderate (i)||Symptoms of the damage caused may include moderate amounts of intellectual deficit and some changes to the personality of the person affected.||£140,870 to £205,580|
|Brain Or Head Injury: Minor||The amount of compensation awarded will be dependent on a number of factors including how serious the injury sustained is.||£2,070 to £11,980|
|Complete Loss Of Sight In One Eye||This award include injuries where there is risk of sympathetic ophthalmia.||£46,240 to £51,460|
|Minor Eye Injuries||Includes injuries that cause pain at first and some temporary interference with vision.||£3,710 to £8,200|
|Hernia||Continuing pain and/or inhibited ability to do physical activities or sport after treatment.||£13,970 to £22,680|
|Chest||Fractures of ribs or soft tissue injuries that cause severe pain for weeks, but no longer.||Up to £3,710|
These compensation amounts are recommendations from the Judicial College Guidelines. This is a publication that legal professionals may use to help them value injuries. ,
For a personalised quote, you can call Accident Claims UK and an advisor will be happy to estimate how much compensation you could claim.
In addition to receiving compensation for your injuries, you could also claim compensation to reimburse you for any expenses you have suffered due to your injuries. These expenses can include the following:
- Lost income: You may have taken time off work while you recover but been underpaid or unpaid for it.
- Travel expenses: You could claim the cost of travelling to and from your doctor’s appointments.
- Care expenses: This can include your family and friends’ gracious care or care you paid for.
- Home or car adaptations: If your injuries led to disability, you may have needed to adapt your home or car.
- Medical expenses: Perhaps you paid for prescriptions or medication to help you recover.
To discuss how much compensation you could be owed if you were injured whilst working for cash, call Accident Claims UK today.
If you have been injured at work, you may have had to take time off work to recover from your injuries. You may have had to take a reduced income or unpaid leave. If you are self-employed and receive cash in hand, you may not be entitled to receive sick pay. Therefore, claiming compensation for loss of earnings while you were unable to work, may be important to you.
You could use a variety of evidence to help yourself (or your solicitor if you use the services of one) to calculate your loss:
- Bank statements
- Tax records
It’s important to keep these records and collect them in a safe place. They could prove to be valuable evidence.
If you have been injured when you were working for cash due to an accident that was not your fault, you may be reluctant to pay an upfront fee to your solicitor. You may not be able to afford it unless you receive your compensation. If you make a No Win No Fee claim, you may find the solution.
Instead of having you pay for their fees upfront, your solicitor would start work after making a Conditional Fee Agreement with you. This means that if your claim is successful, a success fee will be deducted from your compensation payout at a capped rate. To ensure you’re not overcharged, this rate would be limited by law.
There would also be:
- No upfront solicitor’s fee to pay.
- No ongoing solicitor fee payments during the claim.
- A solicitor fee payment only after your compensation has come through
- No solicitor fees to pay if your case loses.
- Legal advice throughout your personal injury claim.
To see if you are eligible to claim compensation for your injuries at work, get in touch with Accident Claims UK today through any of the methods below.
There are some great advantages to having your accident at work claim handled by our solicitors:
- Our panel of experienced personal injury solicitors try to make sure that your claim is valued accurately so you won’t be short-changed.
- They understand how complicated it can be to make a personal injury claim if you suffered an accident whilst working for cash and could be able to put together a strong case for you.
- Our solicitors will be honest about the likelihood of your claim winning. This is to save you from feeling false hope and wasting time.
- They can work on your claim from anywhere in the country.
- They have decades of experience.
To begin your accident compensation claim:
- Call Accident Claims UK on 0800 073 8801 and speak to an advisor.
- Use our online accident claims form to get in contact with us.
- Email us at email@example.com
We hope you feel this guide has answered the question, ‘I was injured while working for cash, can I still claim compensation?’ If you are interested in making a personal injury claim, you may also find these guides helpful:
Guide by HC
Edited by RV