How To Make A Temporary Or Agency Worker Injury Claim? – Compensation Claims For Temporary Agency Worker Accident

There are so many different accidents that can happen in the workplace, from broken bones and repetitive strain injury to vibration white finger and lacerations. However, if you have experienced a temporary worker injury or an agency worker injury, you may be wondering whether or not you will be entitled to compensation. 

Here at Advice.co.uk, available at 0161 696 9685, we have many years of experience and we have helped thousands of people to get the compensation that they deserve. You can call us to find out more, or continue reading to find out everything you need to know if you have experienced a temporary or agency worker accident at work.

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A Guide To Temporary And Agency Worker Injury Claims

Agency worker injury claims guide

Agency worker injury claims guide

It is predicted that the number of agency workers will reach one million by 2020. As an agency worker or a temporary worker, your contract is naturally a bit different when compared with that of someone who is employed on a full-time basis. This can create a bit of confusion when it comes to personal injury claims, as people are not sure whether they are covered or not. In this guide, we will reveal everything you need to know about making this type of claim. Some of the questions running through your mind might be:

  • Do I get paid if I get injured at work? 
  • Are temporary employees covered by workers compensation? 
  • Who is my employer if I work through an agency? 
  • Can an agency worker claim unfair dismissal? 
  • Are agency workers employees? 

These are just some of the questions that we will answer.

An Overview Of Accidents At Work

When it comes to personal injury claims, one of the main confusing aspects is whether you actually have the basis for a successful claim. This is because ‘personal injury’ is a general term and, therefore, it encompasses a vast array of injuries and incidents. This section will help to give you further clarity regarding workplace incidents and whether you have the basis for a valid claim.

There are a whole host of workplace accidents that can result in compensation. The following are a mere handful:

  • Repetitive Strain Injury
  • Industrial Deafness
  • Construction Accidents
  • Industrial Injury
  • Product Liability
  • Health & Safety Issues at Work
  • Vibration White Finger

For those who are unaware, repetitive strain injury is a term used to describe pain from your muscles, tendons or nerves. Individuals who work at a desk all day most commonly experience this. 

So, you believe you have suffered a workplace injury, but how do you truly know if you are likely to receive compensation? Well, can you answer yes to the following three questions?

  1. Was the accident caused by someone else’s fault or negligence?
  2. Did you receive medical attention because of your injuries?
  3. Were you diagnosed while being within the personal injury claims time limit?

If you can answer yes to those questions, it is likely you have grounds for a successful claim. However, you will, of course, want to know whether your agency worker rights make a difference, which is what we will explain in more depth below.

How Much Can Agency Workers Claim For Accidents In The Workplace?

One thing most people want to know is how much compensation they will get if they make a claim. You may have come across a personal injury claims calculator online, but we do not recommend using these, as they are very inaccurate. Instead, the best thing to do is look at claims that have already been made to see what others have been awarded. This is what we have done by referring to guidelines published by a legal body called the Judicial College. Using that data, we have put together the table below. If you cannot see the injury you have sustained, please do not hesitate to call us for more details.

Injury SustainedSeverityAverage Payout
Vibration White Finger (VWF) and/or Hand Arm Vibration Syndrome (HAVS)Minor£2,810 to £8,110
Vibration White Finger (VWF) and/or Hand Arm Vibration Syndrome (HAVS)Moderate£8,110 to £15,740
Vibration White Finger (VWF) and/or Hand Arm Vibration Syndrome (HAVS)Serious£15,740 to £29,690
Vibration White Finger (VWF) and/or Hand Arm Vibration Syndrome (HAVS)Most Serious£29,690 to £36,060
Work-related Upper Limb DisordersComplete recovery within a short period£2,070 to £3,310
Work-related Upper Limb DisordersSymptoms resolving in the course of up to three years.£8,110 to £10,090
Work-related Upper Limb DisordersContinuing, but fluctuating and unilateral symptoms.£13,970 to £15,330
Work-related Upper Limb DisordersContinuing bilateral disability with surgery and loss of employment.£20,560 to £21,700

How We Calculate Compensation For Temporary And Agency Worker Accident Claims

Did you know that compensation is split into two parts?

General damages

Firstly, you have general damages. This is the money you will receive for your pain and suffering. It is calculated based on the severity of your injury and the impact it has had on your everyday life. The calculator section above sets out some potential payouts for general damages. 

Most people are aware of this type of compensation, but did you know that you also receive special damages as well?

Special damages

Special damages are calculated based on the money you have spent because of the injury. Special damages are essentially any out of pocket expenses. Take a look at some examples of what you can claim back below:

  • Hospital parking fees
  • Travel costs
  • The cost of adapting your accommodation
  • Medical costs
  • Prescription expenses
  • Loss of income
  • Childcare costs

Essentially you need to ask yourself, would I have had to pay for this if I had not suffered the injury? If the answer is no, then it counts as special damage and you can claim for it. Nonetheless, you will need to keep proof. Therefore, receipts and such are pivotal.

Who Are Agency Workers?

You need to be under an agency contract to be classed as an agency worker. This means that an agency will send you to work with an employer on a temporary basis.

Who Is Not Classed As An Agency Worker?

You are not an agency worker if you find a job via a recruitment agency or you have found a job yourself. Also, if you have been loaned from another business, this is not deemed agency work. Furthermore, you are not classed as an agency worker if you are self-employed, yet you find work through a temp agency. You are also not deemed an agency worker if you are employed via a business as part of temp staff that is in-house and you work for that business alone. You are also not deemed an agency worker if you work under service contracts managed via an agency.

What Workplace Rights Do Agency Workers Have?

As an agency worker, you have the following employment rights:

  • To be able to make certain claims to an employment tribunal
  • To work in a safe working environment
  • Statutory paternity pay, maternity pay, adoption pay, and sick pay if the qualifying conditions are met
  • The right to request flexible working if you meet the necessary conditions when you return from parental leave
  • Unpaid parental leave provided the necessary conditions are met
  • Not to be dismissed or picked on for whistleblowing
  • To be accompanied at a disciplinary or grievance hearing by a representative
  • Have paid holidays
  • Have a limit on the hours of your working week
  • Not to be discriminated against because you work part-time
  • Not be discriminated against because of sexual orientation, sex, belief or religion, race, maternity, pregnancy, civil partnership, marriage, gender reassignment, disability, or age
  • Not to have unlawful deductions made from your wages
  • Be paid the minimum wage

What Workplace Rights Does An Agency Worker Not Have?

You do not have the following rights:

  • A written statement of main terms and conditions of employment
  • Claim parental leave, adoption, paternity, and maternity
  • Claim statutory redundancy pay
  • Claim unfair dismissal if you are sacked without good cause and notice

What Duty Of Care Does An Employer Have To Agency Workers?

Employers have the same duty of care to agency workers as full-time workers. They are bound by the Health and Safety at Work etc. Act 1974. This means they need to provide a safe and healthy working environment, and if they fail to do so, you will have the right to claim.

What Care Should I Take As An Agency Worker?

As an agency worker, you should do the following:

  • You are entitled to a Display Screen Equipment (DSE) assessment if using a computer screen is a key part of your job
  • You must be provided with PPE
  • You must be told about any risks linked to your work
  • You have a duty to also take reasonable care

I Had An Accident At Work As An Agency Worker, Who Do I Claim Against?

If you have had an accident in the workplace, it is likely that the claim is going to be against the company you work for, rather than the agency. However, it does depend on the circumstances of the case. The best thing to do is to give us a call and explain what has happened.

How Much Time Do I Have To Make An Agency Worker Accident Claim?

Firstly, it is vital to know that workplace incidents tend to be split into two types. To begin with, you have those one-off accidents, such as a construction accident or another type of incident that may have arisen because of poor health and safety in the work environment. Secondly, you have injuries that develop over time, such as industrial deafness and repetitive strain injury.

Personal injury claim time limit

Personal injury claim time limit

When it comes to these claims, you have a time limit. This time limit is usually three years if you have been hurt in an accident at work. Court proceedings must be issued within this period. If you have been the victim of a one-off incident, you will have three years from the date of the accident. Nonetheless, if you have suffered an injury that developed over time, it becomes somewhat impossible to pinpoint the date it occurred and therefore you will have three years from the date of the diagnosis or the date that you acquired knowledge that you were suffering from a problem.

CircumstancesTime limit
One-off accident3 years from the date of the accident
Injury over time3 years from the date of the diagnosis
Injury involving criminal activity2 years from the date of the accident

What Steps Should I Take To Start My Agency Worker Accident Claim?

There are a whole host of different accidents that could occur in the workplace. If you have been the victim of such an incident you will want to explore the possibility of getting personal injury compensation. Nonetheless, it is imperative that you approach such claims in the right way. The last thing you want to do is cause friction between you and your employer. If you take the necessary steps then the chance of this happening is diminished dramatically.

See a doctor

Whatever injury you may have sustained, no matter how major or minor it may be, it is imperative to see a doctor. You have to be professionally diagnosed with the injury. If you are not, how can you expect to make a claim as a temporary worker injured at work? There will be no proof of your suffering.

Record the injury in the ‘accident book’

All employers are legally required to have an accident book. It is vital that you record the injury in there. You will likely need to get in touch with your manager or your safety representative if you have one.

Get your employer to report the incident to Health & Safety Executive

This is not applicable to every case, yet it is something you may need to consider.

Check your work contract for information regarding sick pay

It is advisable to refer to your work contract in order to determine if you receive any money for sick pay. This is especially important if you have been an agency worker while injured at work, as there is often not any sick pay for agency workers. If you do not, you will be able to claim for loss of income when you make your claim. Loss of income counts as a special damage for all types of claims, i.e. It is an out of pocket expense that you have incurred because of the injury suffered.

Call Advice.co.uk

There is no one better for claiming if you have had a temporary or agency worker accident at work. We have tons of experience, a great reputation and a winning service!

No Win No Fee Temporary And Agency Worker Injury Claims

Did you know that a lot of individuals who are entitled to compensation never even make a claim? There are many different reasons why this is the case. Nevertheless, one of the main ones is undoubtedly the expense that is traditionally associated with compensation claims. There are many legal firms that not only charge you for making a case, but they charge you for consultations too. Because of this, the costs can easily start to mount up, and so the claim becomes too costly and more hassle than it’s worth. This is especially the case when you add in the fact that your case may not even be successful, and so all of the money has essentially been spent on nothing. However, Advice.co.uk offers the ideal solution to this problem.

We are one of the only companies to offer free advice. Our helpline is available seven days per week, 24 hours per day. You will speak to an experienced, friendly and efficient advisor who will answer any queries or concerns you may have. They will talk you through the entire claim process and give you a realistic picture regarding your case and the chances of it being a success. We won’t lie to you. We will only match you to a personal injury solicitor if we genuinely think you have grounds for compensation. We won’t waste your time, nor ours.

Not only do we solve the expense and hassle associated with traditional personal injury claims by offering free advice, but the solicitors’ No Win No Fee service is extremely beneficial. We will match you to a great No Win No Fee personal injury lawyer who specialises in the type of injury you have experienced – no matter if it is a road traffic accident, a workplace injury, or anything else. This No Win No Fee service is highly popular for many different reasons. Firstly, you avoid the large start-up costs that are associated with using a traditional solicitor, as you don’t need to pay anything to begin your claim. You also don’t have to pay anything if the case is unsuccessful. In addition to this, you have the peace of mind that you are benefitting from the best possible service. After all, solicitors have to work hard to make their money, as they are affected by the outcome of your case!

If you have suffered a personal injury that was no fault of our own, you deserve compensation! Don’t miss out on the chance to receive it because of the extortionate costs associated with traditional solicitors. Instead, allow Advice.co.uk to provide free assistance and match you to an excellent No Win No Fee solicitor who can help you to win your case.

How Our Accident At Work Claims Advisors Can Help You

If you have suffered an accident at work that was no fault of your own, you may be entitled to claim compensation. The only thing you need to do is find the best solicitor to help you win your claim. Keep on reading to discover why Advice.co.uk is the best choice:

    1. Free Advice – One of the best things about Advice.co.uk is the fact that our advice is free. All you need to do is call us and you will speak to one of our friendly and experienced advisors. They will talk you through your claim and answer any queries you may have.
    2. No Win, No Fee – If you choose to use Advice.co.uk, we will match you to a No Win No Fee solicitor from our panel. This is crucial, as it ensures you do not pay if your claim is unsuccessful. Moreover, you won’t need any money to begin your case either. This is the best option to go for, as risk is diminished and you know you will benefit from the best possible service.
    3. Experience – We have helped thousands of personal injury victims. This should put your mind at ease, as you know your claim is in safe hands. You aren’t taking a gamble with Advice.co.uk, as the solicitors we match you with will have handled cases similar to yours many, many times before.
    4. Great reputation – We are proud to boast an impeccable reputation. This is built on four key qualities – integrity, reliability, dependability, and accountability. In fact, we encourage you to read our customer reviews. We are also extremely pleased to be recommended by so many people.
    5. Convenient – Last but not least, we provide one of the most convenient services you will find in the industry. All you need to do is look at the table below to see our simple three-step process.

Contact our team by email, phone, or post.Our team will assess your claim.Once you are ready, we can then start your claim.

Contact Our Advisors Now

If you are ready to make a claim for compensation, all you need to do is give us a call on 0161 696 9685. This line is open seven days per week, 24 hours per day. You will speak to one of our experienced and friendly advisors who will happily answer all of your queries if you have had a temporary worker accident at work. There are plenty of other ways to get in touch with us too. You can enter your contact details and we will call you back as soon as possible.

Where To Get Help After An Accident At Work

RSI – What is it? – What is RSI and what are the symptoms? Check them out here.

GOV – Agency workers – What the Government says are your rights as an agency worker.

Workplace Rights

No Win No Fee Claims

 

Guide by OS

Edited by DEG