UKA contractor's negligence caused me injury. Is their employer liable?
An employer is generally not liable for a contractor’s negligence unless the contractor is deemed a 'worker' or the employer retained control over how the work was done. The Employers' Liability (Compulsory Insurance) Act 1969 only applies to employees, not independent contractors.
What the Law Says
The Employers' Liability (Compulsory Insurance) Act 1969 imposes a legal duty on employers to insure against liability for injury to their employees — but it does not extend that duty to independent contractors.
Under UK law, an employer is usually not legally responsible for the negligent acts of an independent contractor. This is because the employer–contractor relationship lacks the degree of control and direction required to establish vicarious liability.
The key distinction lies in employment status: if the person causing injury is a genuine independent contractor (e.g., self-employed, working for multiple clients, providing their own tools), the hiring party is typically not liable for their negligence.
However, exceptions exist — for example, where the employer retains control over how the work is carried out, or where the work is inherently dangerous and non-delegable duties apply.
Statutory TextEvery employer shall, at all times when he has in his employment any employee, maintain insurance against liability for injury to or disease contracted by his employees in the course of their employment.
— Employers' Liability (Compulsory Insurance) Act 1969, s. 1 — Duty to insure
What to Do
Check whether the contractor was truly independent (e.g., invoiced as a business, used their own equipment, had other clients).
Gather evidence of any control the employer exercised over how the work was done — e.g., instructions, supervision, or safety requirements.
Consult a solicitor to assess whether non-delegable duties or statutory exceptions might apply.
If you were injured while working *for* the contractor (i.e., you’re their employee), then *their* employer liability insurance may cover you — not the client’s.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.