Can Agency Workers Claim Compensation If Injured In An Accident At Work?

By Jo Caine. Last Updated 26th June 2023. In busy periods, some companies might take on new staff members on a contracted or temporary basis, and these members of staff are often referred to as agency or temporary workers. If you are someone that is considered an agency worker, you might be unsure of your legal rights if you are involved in a workplace accident. Much like any other member of staff, agency workers are owed a duty of care, which requires them to be given training, protective equipment, and the support they require. If you are an agency worker that has been harmed by your employer’s negligence, then you might question if you could pursue an agency workers injury claim?

In this online guide, we shall discuss workplace accidents in detail, answering the question “can temporary workers claim compensation?” While reading this guide, you might have additional questions. If that is the case, then our knowledgeable team of advisers are standing by to take your call and support you however they can. Our phone lines are free to call, and our team of advisers are available 24 hours a day, 7 days a week. They could even put you in touch with a specialist solicitor from our panel who could begin work on your case the same day.

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A Guide On If An Agency Worker Can Claim Compensation If Injured At Work
What Is An Agency Worker Injury Or Accident?
What Rights Do Agency Workers Have?
What Duty Of Care Are Agency Staff Owed?
Liability For Injuries To Agency Workers
What Should I Do If Injured As An Agency Worker?
Should I Make A Compensation Claim If Employed Through An Agency?
How Do Agency Workers Make Compensation Claims?
Calculating Compensation For Agency Workers Injured In The Workplace
Special Damages Injured Agency Workers Could Claim
Injured During Agency Work – Claim With A No Win No Fee Solicitor
Related Claims And Resources

A Guide On If An Agency Worker Can Claim Compensation If Injured At Work

There are a lot of uncertainties surrounding the legal rights of those who work on a contracted or temporary basis. Are they considered regular workers? Do they have the right to claim? And who is liable in the event of an accident? Making a claim as a contracted worker is often dependent upon who is at fault. For example, if the agency is responsible for providing their employees with the necessary equipment or training and fails to do so, this could make them liable in the event of an accident. In a different scenario, if an agency worker is hired by a company to fulfil a specific role, then the employee is entitled to the same legal rights as a regular employee.

Agency workers accident claims

Whatever the scenario, if you are an agency worker that’s been injured by the negligent actions of another, please keep reading. In this article, we shall provide those that have been affected by a negligent employer with useful information regarding the claims process. To do so, we shall answer questions regarding workplace accidents, such as:

What are my rights as an agency worker?
Can you work for two temp agencies at the same time?
Can agency workers bring discrimination claims?
Can I sue a recruitment agency for an accident at work
Can I sue a recruitment agency for a workplace accident
Can agency workers claim if they have an injury at work
Can agency workers claim if they are involved in an accident

Once you have read this guide and feel comfortable to do so, why not contact a member of our team and begin your claim? Here at Advice.co.uk, a member of our team would be more than happy to speak with you, answer any questions that you might have, and help you begin the claims process.

What Is An Agency Worker Injury Or Accident?

As a field of work, temporary employment is an excellent way for businesses to take on staff during specific periods of the year, particularly during the busier periods such as Christmas. Those that work temporarily are often on a flexible rota for a limited period of time. However, there are cases where temporary work can last for longer periods. An agency worker can be defined as someone that:

Isn’t self-employed
Has a contract with a recruitment agency
When working, the employer that hired you controls your job
And, is told where to work by a recruitment agency

There is often a lot of confusion surrounding agency workers and their legal rights. In this online guide, we’ll answer critical questions and provide those seeking advice and support with the answers they need.

What Rights Do Agency Workers Have?

If you are an agency worker, you might be unsure of your rights. Within this section, it outlines the rights agency workers have, and when they come into action. From the day you begin working, you have workers employment rights. This includes:

Getting paid the National Minimum Wage
You are protected against unlawful deductions
The statutory minimum level of annual leave
The statutory minimum length of breaks
Protection against workplace discrimination

As an agency worker, you should be given a contract that outlines your job role. This is a mutual contract between both parties which states in writing what you are required to do and who is employing you. Citizens Advice says that you are not considered an agency work if:

You find work through an agency, but you are self-employed
You are on secondment or loan from one organisation to another
You find employment yourself or through the use of an agency

For more information on agency workers’ rights, please click here.

What Duty Of Care Are Agency Staff Owed?

When hiring new members of staff temporarily, there are two different methods of recruiting. This ultimately affects who owes you a duty of care as a contracted employee. For example, a temporary worker could be hired by a business through a recruitment agency. In doing so, this would make the business solely responsible for your welfare while working for them.

As an employee hired temporarily, it is within the employer’s duty of care to provide you with the necessary knowledge and skills to fulfil the role. If a business hires you as a contracted worker, they are required to provide you with training, protective gear, and a safe working environment. These obligations are outlined within the Health and Safety at Work etc. Act 1974, which clearly states that an employer’s responsibilities include:

Providing all employers with relevant training and protective gear.
Providing all employees with a safe working environment.
Ensuring all health and safety standards have been met.
Ensuring all equipment is well-kept, working correctly, and of high quality.

Alternatively, the recruitment agency could be directly responsible for your health and well-being while you are at work. Much like an employer, recruitment agencies also have a duty of care to their workers, but under specific conditions. Gov.uk states that agencies that find staff for other businesses but pay the members of staff themselves are known as “employment businesses.” If an employee works under this type of contract, it means the recruitment agency owes them a duty of care. So if you are hired by an agency under this type of commitment and are negligently injured, the claim would be made against the recruitment agency, not the business.

Liability For Injuries To Agency Workers

To make a claim for compensation, there is often a question of liability. As outlined in the previous sections of this online guide, the liability of an agency or employer is dependent on who “hires” the worker. For example, if you have been hired by a company and are injured due to their negligence, a claim for compensation would be brought against the company that hired you, not the agency. This is because the company that hired you are the ones that owe you a duty of care, meaning they are liable.

What Should I Do If Injured As An Agency Worker?

If you are harmed at your place of work, you might question if there are steps you can take to support your claim? If you are injured, it is always advised that you seek medical attention as soon as possible. Citizens Advice also recommends that those involved in a workplace accident could:

Take photographic evidence of whatever caused the incident.
Swap contact details with anyone that witnessed the incident.
Make detailed notes about what happened and the impact of the injuries.
Ask any witnesses of the accident also to make notes and share them with you.
Report the incident in the accident at workbook (and get a copy).

Should I Make A Compensation Claim If Employed Through An Agency?

You might be questioning if you should make a claim for compensation against your employer? In some cases, employees might worry about making a personal injury claim, as they might fear they’ll lose their job. If you are negligently injured by an employer and choose to make a claim, your employer isn’t allowed to take action against you. If you pursue a claim against an employer and they chose to fire you, this could be considered unfair dismissal. Employers are legally required to respect their employee’s right to make a claim if they are negligently harmed.

How Do Agency Workers Make Compensation Claims?

If you are reading this guide, then you might be questioning how agency workers make claims and are there critical information I should be aware of? To make a claim for compensation with Advice.co.uk, you must begin the claim within the personal injury claims time limit, which is 3 years from the date of the accident. The time limit comes into action from the moment you were injured. However, it is worth noting that there are exceptions to the time limit. For example, if you were to experience delayed injuries that were caused by a negligent event, the time limit would begin once these injuries have been officially diagnosed.

If you sustain a degree of physical injury or psychological trauma and choose to make a claim, you’ll be required to provide evidence in the form of a medical report outlining the severity of the injuries and the prognosis. A report can be acquired as part of the claims process. Your solicitor would arrange for you to be examined by a medical expert and would then use their report to negotiate a settlement.

Calculating Compensation For Agency Workers Injured In The Workplace

If you make a successful personal injury claim after being injured at work, your compensation settlement will include general damages. This head of claim compensates you for the suffering and pain of your injury.

It is important to note that every personal injury claim is assessed on a case-by-case basis. Some factors that might influence the compensation for an injury at work could include:

How severe your injury was.
The effect that your injury has on your usual daily life.
How long it will take for your injury to recover.

When valuing this head of claim, legal professionals could refer to the Judicial College Guidelines (JCG). This publication provides guideline compensation brackets for various injuries at various levels of severity. The table below contains figures from the 16th edition of this publication. However, you should only use this table as a guide.

Injury	The Severity of the Injury	Awarded Compensation	Injury Description
Brain Damage	Very Severe	£282,010 to £403,990	Severe cases of brain damage are often expected to cause life-altering implications. Affects will often include sensory impairment, inability to communicate, and a shortened life expectancy.
Brain Damage	Less Severe	£15,320 to £43,060	Minor cases of brain damage are expected to make a decent recovery, and the affected individual will be able to take part in day-to-day life. However, they may have difficulty concentrating and their memory will be affected.
Total Deafness and Blindness	Serious	In the region of £403,990	The affected individual will be left with the most devastating injuries, causing life-altering repercussions.
Neck Injury	Severe (i)	In the region of £148,330	A severe neck injury is often expected associated with incomplete paraplegia, resulting in life-altering implications. The affected individual’s social and professional life will be completely affected, and severe headaches and pain will prevail.
Neck Injury	Moderate (i)	£24,990 to £38,490	A moderate neck injury is often connected to fractures and dislocated, causing effects to the spinal fusion. Conditions such as chronic pain and serious soft tissue injuries are also associated with this bracket.
Neck Injury	Minor (iii)	Up to £2,450	A neck injury of this nature is often expected to make a full recovery within three months.
Loss of One Eye	Serious	£54,830 to £65,710	The level of compensation awarded is often dependant on the age of the individual, the psychological consequences cosmetic damages, and additional health implications.
Psychological Damage (Generally)	Severe	£54,830 to £115,730	Severe problems with all areas of life, and poor prognosis.
Psychological Damage (Generally)	Moderate	£5,860 to £19,070	Similar problems than the above bracket, but with a better prognosis and some improvement.

To learn more about workers injury compensation or how to make a personal injury claim, you can contact our advisors.

Special Damages Injured Agency Workers Could Claim

Special damages are intended to compensate you for any financial losses or expenses incurred as a result of the injury. After being involved in a negligent workplace accident, you might be left with unexpected financial burdens. If that is the case and you pursue a claim for compensation, these monetary losses could be taken into consideration. Examples of the types of expenses you can recover include:

Medical Expenses
The Loss of Income
The Loss of Career Prospects
Travel Expenses
Physiotherapy

To make a claim of this nature, you will be required to provide evidence of your expenses. In most cases, this can be achieved through receipts, bank statements, and any other type of financial document.

Injured During Agency Work – Claim With A No Win No Fee Solicitor

If you were injured at work in the UK and it was due to employer negligence, you might be eligible for compensation. You may wish to have the support of a solicitor if you decide to make an injury at work compensation claim. A solicitor may provide their services under a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).

This means that your solicitor typically won’t ask for an upfront payment to cover their services. They usually don’t ask for you to pay for any ongoing expenses. However, if they succeed and you are awarded compensation, they will take a success fee from this. The CFA limits how much they can take from your award. Should your solicitor not succeed, they generally won’t ask you to pay for their services.

If you were injured carrying out agency work, our advisors are available 24 hours a day, 7 days a week. The advice they give is free. In addition, they can assess whether you are eligible for compensation. If they think you have a valid case, they could pass you on to a solicitor from our panel. Our solicitors usually offer a No Win No Fee arrangement for their services.

To get in touch:

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Call 0161 696 9685.
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Related Claims And Resources For Making An Agency Workers Injury Claim

We sincerely hope this online guide on making an agency workers injury claim has been useful in outlining how our panel could be of assistance. In addition to this guide, we have provided some additional materials that we believe could be of use. You can find these materials located below.

Guide by MN

Edited by REG

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