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Agency workers are temporary staff who access work through an agency. If such workers are injured while on the job, they may be entitled to compensation. So, we’ve made this in depth guide to agency worker accident claims to help you understand both the laws governing agency work and making a claim when not an employee.
Key areas we’ve covered are the eligibility requirements, how compensation payouts are determined, and the rights agency workers have when compared with full employees. You’ll also see information on the type of No Win No Fee contract offered by our solicitors.
You can get a free eligibility assessment for your agency worker injury claim at any time by contacting our advisors. Get in touch today using the contact information given here:
- Call the team on 0161 509 2856.
- You can also contact us through our website.
- Open the live chat window on your screen now.
Select A Section
- Who Is Classed As An Agency Worker?
- Do Agency Workers Have The Same Protections As Other Employees?
- Determining Liability When Agency Workers Are Injured At Work
- Who Can Make Agency Worker Accident Claims?
- What Should Agency Workers Do After Being Injured At Work?
- How Much Is The Average Agency Worker Accident Compensation?
- What Types Of Compensation Could Agency Workers Be Entitled To?
- Why Make Agency Worker Accident Claims With Advice’s Solicitors?
- No Win No Fee Accident At Work Claims For Agency Workers
- More Information
Who Is Classed As An Agency Worker?
A person is classed as an agency worker if they work through an employment agency. This means their contract is with the agency itself, and the worker is placed with a company (known as the hiring organisation) for an assignment (the period of work).
Agency Workers Regulations 2010
The Agency Workers Regulations 2010 set out the rights agency workers are owed by the hiring organisation when undertaking a work assignment. Across the next few sections, we’ll provide some more guidance on these rights and how they can impact the personal injury claims process. You can find out if you’re eligible to claim by contacting an advisor for a free assessment today.
Do Agency Workers Have The Same Protections As Other Employees?
Whether agency workers have the same protections as other employees depends on how long they’ve been working on the assignment. When you first start working for an agency, you are entitled to minimum wage, protection from discrimination and have the same basic entitlement to rest breaks, working hours and sick leave as the other employees.
However, once you pass 12 weeks on the same assignment, you get some additional rights, including:
- The right to the same basic pay, as well as overtime, commission, individual performance-related bonuses and holiday pay above the legal minimum.
- Entitled to any additional holiday given to employees above the legal minimum.
- Entitlement to the same breaks as full-time employees. For example, if permanent employees are allowed a longer lunch or additional breaks, you can take those as well.
- Rights to paid time off to attend antenatal appointments when pregnant, as well as unpaid leave to attend those appointments with a pregnant partner. Agency workers are also entitled to paid time off to attend adoption appointments.
You can inquire further about the rights of temporary workers and find out more about agency worker accident claims by talking to our advisors today.
Determining Liability When Agency Workers Are Injured At Work
Determining Liability when agency workers are injured at work requires examination of both the agency itself and the hiring organisation. Both organisations have a responsibility to ensure the worker is safe during their assignment and a failure to do so can result in them being liable for any injuries.
The agency itself must:
- Make sure you are suitable for the role, including relevant experience, training and qualifications.
- Check you have the right to work in the UK.
- If necessary, ask for a DBS certificate for the role.
- Obtain information on the particular risks of the assignment and make sure control measures and health and safety guidance are in place.
The hiring organisation has the same obligations under the Health and Safety at Work etc. Act 1974 to any agency staff as they do to their full time employees.
What Is Shared Responsibility?
Shared responsibility is where multiple persons are responsible for either the accident, or the injuries that occurred. This, in turn, affects the level of compensation that is paid out. There are two types of shared responsibility in personal injury cases, these are:
- Split liability is where you contribute to the accident in some way. For example, you were using a forklift that had not had its routine service, but you were driving too fast and crashed when the steering failed.
- Contributory negligence is where the injured person has contributed to their injuries, but was not at fault for the accident. Staying with our faulty forklift example, if you weren’t wearing the restraint when the steering failed, you could be deemed partially responsible for any injuries sustained.
In these cases, the compensation amount is reduced by the degree of responsibility the injured person is deemed to have. So in 50/50 cases, the payout is reduced by 50%. You can find out more about making split liability or contributory negligence claims by speaking with a member of our advisory team.
Who Can Make Agency Worker Accident Claims?
Those who can make agency worker accident claims will have experienced harm due to the failure of their recruitment agency or the host company to meet legal health and safety regulations. This can be divided into a set of 3 criteria, which is outlined below.
The Employer Owed You A Duty Of Care
As an agency worker, both your recruitment agency and the company you are placed with owe you a duty of care. This means that they need to take appropriate measures in accordance with their legal obligations under the Health and Safety at Work etc. Act 1974 (HASAWA). In other words, both parties share a responsibility to take reasonable steps to ensure your health, wellbeing, and safety.
The Duty Of Care Was Not Met
An employer’s responsibilities vary, so there are many ways in which they can fail to meet their legal obligations regarding your health and safety. Common examples relevant to agency roles include a failure to perform risk assessments, providing inadequate personal protective equipment (PPE), or neglecting to give safety inductions before starting new roles.
You Were Harmed During The Accident
As a result of the negligent actions of the agency or the host company, you must have experienced some form of harm. Due to agency work often involving manual handling and manufacturing roles, injuries often include broken bones, sprains, strains and concussions. An accident at work can also have psychological consequences, meaning conditions like anxiety and post-traumatic stress disorder (PTSD) may also be included in your claim.
Can Claims Be Made On Behalf Of Loved Ones?
Claims can be made on behalf of loved ones in certain situations where a person is unable to claim for themselves. This would require you to be appointed as their litigation friend. Scenarios where a litigation friend may be needed include:
- If the injured person was a minor at the time of the accident, they cannot claim for themselves until they’re 18 so a litigation friend could start the claim a lot sooner.
- Someone who lacks sufficient mental capacity, whether due to their injuries or a pre-existing condition, cannot claim for themselves at all. So in order to get the process underway, someone else would need to step in.
Litigation friends have decision-making authority over a claim and operate under strict requirements to act in the injured person’s best interests. While they could be a family member, this is not always the case, as a friend, solicitor, or other adult who meets the requirements could act on behalf of another.
You can learn more about the eligibility requirements both to make a claim, and to act on behalf of another by contacting our advisors today. You can find out more about shared responsibility in agency worker accident claims by contacting our advisors today.
What Should Agency Workers Do After Being Injured At Work?
There are a few things agency workers should do after being injured at work. We have set these out here:
- Seek medical attention right away. As well as safeguarding your own health, the records of this treatment will be very useful to the solicitors valuing your claim.
- Making sure the accident is reported to your workplace means there is a formal record of the incident you can access as evidence. The report will also help inform policy changes to prevent future incidents. You can either do this yourself or have someone else do it. Any reports of accidents will need to be checked by the workplace’s responsible person to ensure the correct information has been noted.
- Gather evidence such as CCTV footage, photographs of your injuries and the accident scene as well as workplace documents like training or maintenance logs.
Is There A Time Limit For Agency Worker Accident Claims?
Generally, you’ll have 3 years to start any claim as per the Limitation Act 1980. If the injured person is a minor or lacks the mental capacity to claim, the limitation period is extended. It is very important that you start any legal action within the relevant time limit. Our solicitors will confirm what this is and ensure your claim is made within this timeframe.
You can speak to our advisors about the time limits, gathering evidence and the steps you should take following a workplace accident at any time.
How Much Is The Average Agency Worker Accident Compensation?
Compensation in successful agency worker accident claims can be paid out under 2 heads of loss. The first of these, general damages, accounts for the physical and psychological damage caused by the accident.
In order to calculate a general damages figure, solicitors can look at any medical evidence you have provided alongside the Judicial College Guidelines (JCG). This publication sets out guideline compensation brackets for a wide array of injuries, some of which have been set out here.
Compensation Amounts
Please note that the first bullet point was not taken from the JCG and that we have provided this information to act as guidance only.
- Multiple very serious injuries together with financial losses – Up to £1,000,000+
- Brain Damage – Severe (a) – little to no environmental response requiring around-the-clock nursing – £344,150 to £493,000.
- Brain Damage – Moderately Severe (b) – Very serious disability with substantial dependency – £267,340 to £344,150.
- Chest Injuries – Total Removal of One Lung (a) – permanent scarring and prolonged pain and suffering. – £122,850 to £183,190
- Chest Injuries – Damage to chest, lungs and/or heart (c) – Permanent damage with functional impairment. – £38,210 to £66,920
- Neck Injuries – Severe (a)(ii) – serious fractures or disc damage in the cervical spine causing considerable disability – £80,240 to £159,770.
- Neck Injuries – Moderate (b)(i) – Fractures or dislocations causing severe immediate symptoms. – £30,500 to £46,970.
- Other Arm Injuries – Substantial and Permanent Disablement (b) – Serious fractures causing permanent residual disability – £47,810 to £73,050.
- Other Arm Injuries – Less Severe Injuries (c) – Where substantial recovery has occurred or is expected. – £23,430 to £47,810.
- Less Serious Leg Injuries – Less Serious (c)(i) – serious soft tissue damage or fractures from which there is incomplete recovery. £21,920 to £33,880.
This section is intended as guidance only. To get a free assessment of your eligibility, as well as find out more about what your potential claim could be worth, contact our advisors today using the details below.
What Types Of Compensation Could Agency Workers Be Entitled To?
We already spoke about general damages above, but you could also receive compensation for a second head of claim, special damages. It is pretty likely that a workplace injury will result in you incurring some financial losses, and these can be compensated as part of a special damages payout.
As this head of claim covers both past and future losses, any payouts are often a lot higher than anything awarded for general damages.
Examples of special damages can include:
- Loss of earnings from any time out of work to recover from your injuries.
- Loss of future earnings if you are unable to work or your capacity to work is reduced.
- Domestic assistance, such as a cleaner or childminder while you recover.
- Adaptations made to your home to help with any new disability, such as the installation of railings.
- Mobility aids, ranging from rental costs towards a wheelchair, crutches or even a mobility scooter.
Are Agency Workers Entitled To Sick Pay?
Agency workers are entitled to sick pay if they meet the criteria. However, their hiring organisation or agency may have a sick pay scheme that agency workers can enroll in. The sick pay an agency worker could receive is:
- Statutory Sick Pay (SSP): if you are continually ill for more than 3 days in a row. There are other criteria to meet and you check your entitlement online.
- Contractual sick pay: If full time employees of the hiring organisation get some form of paid sick leave, any agency workers don’t get this. However, the agency or hiring organisation may have a scheme for agency workers.
Interim Payments In Agency Worker Accident Claims
Interim payments are awarded in cases where it looks likely that compensation will be paid out, but the injured person has immediate costs that mean they cannot wait for the final settlement. The money could be used to cover mortgage payments or rent, or medical costs, for example. Any interim payments are deducted from the final compensation payout.
Compensation payouts are calculated on a case-by-case basis, and similar cases will have their own unique features. Therefore, we can offer guidance here, but we can not guarantee any compensation figures. To find out more about what you could be owed in your particular circumstances, talk to our advisory team using the details below.
Why Make Agency Worker Accident Claims With Advice’s Solicitors?
At Advice, our solicitors prioritise client care when navigating the agency worker accident claims process. They understand the unique challenges agency workers often experience, and you can rest assured that you will receive expert legal guidance tailored to your situation. With over £100 million in compensation secured for claimants so far, Advice can assist you by:
- Identifying whether the recruitment agency, the host company, or both were liable for the injuries you suffered
- Advising you on how to gather strong evidence and assisting with obtaining it, such as training logs from the company where you were placed
- Making strong arguments for your agency worker injured at work compensation to cover the different ways in which you have been impacted
- Representing your interests through correspondence with representatives of the defending party, whether that is the hiring company or the agency
- Explaining legal terms you are unsure about, as well as the legislation protecting agency workers
You can speak with our advisors anytime to learn more about these services and the countless other benefits of working with our solicitors. You can also ask about the process of making agency worker accident claims, as you may want to learn more before deciding whether to claim.
No Win No Fee Accident At Work Claims For Agency Workers
One of our solicitors could work on your agency worker injured at work on the basis of No Win No Fee. Simply put, by signing a Conditional Fee Agreement (CFA), you confirm that there is no requirement to pay for your solicitor’s work at specific stages of the claims process:
- Before the claim starts
- As the claim unfolds
- If you do not get compensation
However, should your agency worker accident at work claim be settled in your favour, it will be necessary to pay a success fee. This is a percentage of the compensation that you owe to your solicitor. The percentage is limited by a legally-enforced cap, so you will retain most of the compensation.
Get Free Advice On Agency Worker Accident Claims From Our Advisors
We’ve covered a lot of ground here and are fully expecting you to have questions. Our dedicated advisors are available 24 hours a day to provide further guidance, assess your eligibility for free and put eligible claimants in touch with the right solicitor for them.
Find out if you could seek compensation using our strictly No Win No Fee service today:
- Call the team on 0161 509 2856.
- You can also contact us through our website.
- Open the live chat window on your screen now.
More Information
You can view some of our personal injury claims guides here:
- Learn more about claiming compensation for injuries caused by inadequate training at work.
- Read our guide to making a forklift accident at work claim and find out how compensation amounts are calculated.
- Find out if you could make a claim if you were attacked as a lone worker with this useful guide.
We have also provided these additional resources that may be helpful to you:
- You can see the government guidance on agency worker rights on their website.
- The NHS has published this resource on administering first aid after an incident.
- Find out about the work of the Health and Safety Executive (HSE) here.
Thank you for reading our guide to agency worker accident claims.
