By Daniel Sisko. Last Updated 29th March 2023. Welcome to this guide, which answers the question of whether you could claim compensation if you’re injured working for cash in hand. We look in depth about being injured at work, pay and what happens to your work accident compensation if you get paid cash in hand and make a work accident claim.
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 accident at work 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?
Am I Still Able To Make An Injury Claim If Working For Cash In Hand?
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
- Getting Paid Cash In Hand – Can I Still Claim?
- 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?
- Paid In Cash – How Much Could Still Be Owed In Compensation?
- 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 If You’re Injured While Working For Cash
- Essential Resources Related To Being Injured While Working For Cash
A Guide On Claims If Injured Whilst Working For Cash
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.
Getting Paid Cash In Hand – Can I Still Claim?
For those who work self-employed, working cash in hand may be more common. Workplace health and safety regulations still protect self-employed people, meaning it could be possible for you to claim compensation if you are injured due to negligence whilst working.
Below are some types of jobs where you might find someone getting paid cash in hand:
- Self-employed cleaner
- Private contract work
- Gardener
- Babysitter
- Market stall trader
- Dog walker or pet sitter
- Taxi driver
In order to successfully claim, you must have evidence of your harm and the negligence that caused it.
We would recommend that you seek legal advice in this regard, as a specialist lawyer could help you collect evidence. If you would like free legal advice, speak to our advisors at any time.
Does Getting Paid Cash In Hand Affect My Time Limit To Claim?
If you are paid cash in hand, your claim time limit is not affected. However, it’s important to bear in mind that whilst it is legal to be paid cash in hand, this needs to be done in a legitimate manner. It needs to be processed in an official manner and you should receive a payslip. If you are simply paid in cash, “off-the-books” then this could impact your ability to claim.
As long as everything is in order in terms of your pay, then the claim time limit remains at 3-years. This means you have 3 years from the date of your injury to start a claim.
Although stated in the Limitation Act 1980, there can be exceptions made to this time limit for certain groups such as those who lack the mental capacity to claim, and those under 18 years of age.
Get in touch today if you’ve been injured at work and your pay is in cash. Our advisors can offer you advice on whether you’re eligible to make a claim for your injuries. They can also give you more information on whether cash in hand payments are legal in the UK.
How Do You Prove You Were Injured As A Result Of The Accident?
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.
What Kind Of Accidents At Work Could I Claim For?
If a breach of an employer’s duty of care leads to an accident, you could be eligible to claim compensation. Some examples of accidents at work you could claim for could include:
- A slip, trip or fall at work- if you have slipped tripped or fallen at work due to a trip hazard not being removed or signposted, for example you could be eligible to claim compensation for your injuries. Slips trips and falls are one of the most common types of accident at work. You could also suffer a slip injury from a wet floor that has not been signposted or cleared up.
- Inadequate training- inadequate training in manual handling come out for example, could lead to back injuries. This could lead to a claim for compensation.
- Lack of PPE – if your employer is required to provide you with protective equipment for you to do your job safely, and they fail to do so, leading to you becoming injured, you could claim compensation.
These are just a few examples of how you could claim compensation for an accident at work. If you would like us to assess your case for free, we would be delighted to do so.
Could I Claim For A Family Member Fatally Injured While Working For Cash?
Unfortunately, the HSE statistics for 2021/22 showed that 123 workers were fatally injured in the workplace. The causes of their injuries are shown below.
If you have lost a family member due to them being injured while working for cash, you may be wondering whether you could claim fatal accident compensation on their behalf. If you have an eligible claim, you could receive compensation for funeral expenses, as well as a bereavement award in some cases. Please contact our team for advice and support or to start a claim for a fatal accident at work.
Could You Prove That You Were Injured Whilst Working For Cash?
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.
How Do You Prove Your Employment Status When Working For Cash?
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.
How Do You Prove Who Owes You A Duty Of Care?
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.
Paid In Cash – How Much Could Still Be Owed In Compensation?
As we have stated throughout this article, even if you are paid in cash, in certain circumstances you could still make a claim.
If your claim is successful, your compensation settlement should include something called general damages. General damages compensate you for the pain and suffering that your injury has caused you, as well as how your quality of life was impacted. It also covers both physical and mental injuries. However, you will need to provide evidence about your injury in order to make a claim for general damages.
Below, we have created a table using the figures provided in the 16th edition of the Judicial College Guidelines (JCG) to help you gain a clearer understanding of how much compensation you could receive. We have used the amounts listed in the JCG and it assigns compensation brackets to various injuries. It is also a document that is used by many legal experts when valuing claims.
Please only use this table as a guide. How much compensation you could receive may differ from the figures listed, as the various factors of your claim will affect how much compensation you could be awarded.
| Type of Injury | Notes | Amount |
|---|---|---|
| Paraplegia | Various factors will affect how much compensation is awarded, such as the person’s age and life expectancy, the extent of pain experienced, and the impact on sexual function. | £219,070 to £284,260 |
| Brain Damage: Moderate (i) | A moderate to severe intellectual deficit, with a risk of epilepsy and sigh and speech being impacted. | £150,110 to £219,070 |
| Back: Severe (iii) | Soft tissue injuries or disc fractures/lesions that cause severe pain and discomfort and impair the person’s agility and sexual function. | £38,780 to £69,730 |
| Ankle: Moderate | Ligamentous tears and fractures that make it difficult to stand and walk for long times. | £13,740 to £26,590 |
| Knee: Moderate (i) | A torn cartilage or meniscus or a dislocation that results in weakness, wasting and minor instability. | £14,840 to £26,190 |
| Hernia | Continuing pain and/or inhibited ability to do physical activities or sport after treatment. | £14,900 to £24,170 |
| Arm | Simple forearm fractures | £6,610 to £19,200 |
| Minor Eye Injuries | Injuries include being splashed by liquids, exposure to fumes or being truck in the eye. This will cause initial pain with some interference with vision that is temporary. | £3,950 to £8,730 |
| Neck: Minor (i) | A soft tissue injury that fully recovers within 1-2 years. | £4,350 to £7,890 |
| Chest | Fractures of ribs or soft tissue injuries that cause severe pain for weeks, but no longer. | Up to £3,950 |
Please remember that you might not always be able to make a claim if you receive a cash in hand payment for your work.
If you are unsure as to whether you could make a claim, you can contact our advisors. Our friendly team is available 24/7 to offer you free legal advice concerning your particular claim. They could also answer any questions you may have, such as, ‘is cash in hand legal in the UK?’.
Special Types Of Damages 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 (special damages). 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. You could claim for loss of earnings.
- 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.
How To Prove Your Income Losses
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
- Payslips
- Tax records
- Invoices
It’s important to keep these records and collect them in a safe place. They could prove to be valuable evidence.
No Win No Fee Personal Injury Claims If Injured Whilst Working For Cash
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.
Why Claim For Your Injuries With Our Team?
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.
Begin Your Accident Claim If You’re Injured While Working For Cash
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 office@accidentclaims.co.uk
Essential Resources Related To Being Injured While Working For Cash
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:
Are You Eligible To Make A Self-Employed Accident At Work Claim?
Accident At Work Claims Guide: How Much Compensation Could I Claim?
Back Injury At Work Compensation Claims Guide: How Much Could I Claim?
Report Tax Evasion To The HMRC
Government Advice: Compensation For Work Injuries
More Government Advice On Injury Compensation
FAQ On Being Injured While Working For Cash
Can employers pay cash in hand?
Employers can pay you cash in hand, but they must provide you with a payslip and must keep accurate records. They should make sure the relevant taxes and national insurance payments are made. If they do not, they could be in trouble with HMRC.
Are you entitled to full pay if injured at work?
Whether you are entitled to full pay if you are injured at work would depend on your contract. Some employers pay sick pay at the normal earning rate of their employees for a period. Others might put you on Statutory Sick Pay (SSP) as soon as you are off sick.
If you are injured at work due to your employer’s negligent breach of their duty of care towards you, you could claim for loss of earnings. This would be the difference between your usual pay and the SSP you received.
Can I be sacked after an injury at work?
You shouldn’t be sacked after an injury at work without a legitimate reason. If you were acting dangerously at work, this could amount to misconduct. This could mean you face disciplinary action or dismissal. However, if you were injured in an accident that was not your fault at work, and made an honest claim, your employer could not sack you because of this.
If you would like to find out more about how the law protects you from being treated differently because you are making a claim, please call us. We would be happy to put your mind at rest.
Injured At Work Pay – What’s The Procedure If You’re Paid Cash In Hand?
If you’re injured at work and you’re paid cash in hand, you might wonder what the procedure for claiming would be.
As we have previously mentioned in this guide, it is your employer’s responsibility to ensure that you pay the relevant tax and national insurance contributions. This applies whether you are paid cash in hand or not. If they are upholding their legal responsibilities in this regard, the claims process would be the same as in any other workplace.
When it comes to claiming for being injured at work, no matter how you are paid, we would urge you to seek legal advice.
Paid Cash In Hand? Call Us For Advice
If you call us, we will be able to discuss your case with you in detail. We can assess whether you are eligible to claim compensation for being injured at work. Plus, we could, if appropriate, provide you with a No Win No Fee solicitor to assist you with your claim.
By calling us, you are under no obligation to use our services or even take our advice. However, speaking to our team may allow you to gather information on the options available to you. We are here to help, so please don’t hesitate to get in touch.
We hope you have enjoyed reading this guide, which answers the question of whether you could claim compensation if you’re injured working for cash.