What Rights Do Agency Workers Have If Injured At Work?
If you work for a company as an agency worker, you might think you have fewer rights than a company employee. That might be the case in some situations but when it comes to health and safety, you have the same protection as any other employee. Therefore, in this article, we are going to look at agency worker injury claims. We will review when you might be entitled to start a claim, what duty of care companies owe agency workers and how much compensation could be paid for certain injuries.
Advice.co.uk can help if you would like to discuss your claim. Our advisors offer completely free legal advice. In addition, they will review your case on a no-obligation basis. If there appears to be a chance of winning your case, they could pass your case to a personal injury lawyer from our panel. Should the claim be taken on, the lawyer will represent you on a No Win No Fee basis.
To learn more about when agency workers could claim for injuries at work, please read on. Alternatively, if you would like to talk to us about your claim today, please call on 0161 696 9685.
Select A Section
- A Guide To Agency Worker Injury At Work Claims
- Agency Worker Injury At Work Claims Calculator
- Special Damages For Agency Worker Injuries
- What Is An Agency Worker Injury?
- What Is The Difference Between Agency Workers And Contractors?
- Are Agency Workers Classed As Employees?
- What Rights Does An Agency Worker Have?
- Duty Of Care Owed To Agency Workers
- Who Could I Make An Agency Worker Injury Claim Against?
- What Should I Do If I Caused My Workplace Accident?
- How Do I Make An Agency Worker Injury At Work Claim?
- No Win No Fee Agency Worker Injury At Work Claims
- Contact Us
- More Information
A Guide To Agency Worker Injury At Work Claims
If an employee is injured at work, it can cause physical, psychological and financial problems for them. That’s why employers need to have insurance in place to compensate staff injured due to company negligence. But how does that work for agency workers? In this article, we’re going to try and answer the following questions:
- Are agency workers classed as employees?
- What rights does an agency worker have?
- Will I get paid if I work for an agency and I’m off work injured?
- Can an agency worker claim unfair dismissal?
As well as looking at your rights, we will show you what compensation could be claimed for. To demonstrate how much could be paid, we’ll provide a table with different injury amounts as well.
If you would like to make an agency work injury claim, you will need to do so within the claim time limits. In most cases, this will be 3 years. However, there are exceptions.
We would like to help you if you do decide to start a claim. Our specialist advisors provide free legal advice about making a claim. They also offer a free telephone consultation to discuss what happened. Why not call today and find out if we could provide a personal injury lawyer from our panel to represent you?
Agency Worker Injury At Work Claims Calculator
Before we move on to explore when an agency worker could claim for a workplace injury, let’s take a look at potential compensation figures. As every case is unique, the figures we’ll supply here should be used for guidance only. If you let us review your claim, we’ll be able to offer a more personalised compensation estimate.
We have listed several relevant injuries and potential compensation figures in the table below. We have used amounts from the Judicial College Guidelines (JCG) to show how much could be paid. Lawyers, insurers and courts may use the JCG when valuing injuries.
|Face||£13,970 to £22,470||This category is used where there are multiple fractures of facial bones and some form of permanent deformity.|
|Neck||Severe||£42,680 to £52,540||In this category, the claimant will have suffered a fracture or dislocation that causes a permanent disability and chronic suffering.|
|Back||Minor||£2,300 to £7,410||Claims in this category are for soft tissue damage in the back that is fully resolved, without the need for surgery, in less than 2 years.|
|Pelvis and Hips||Moderate||£24,950 to £36,770||The injuries covered in this category will be significant but there will be little future risk and any disability will not be major.|
|Arms||Amputation||£102,890 to £122,860||An above-the -elbow arm amputation.|
|Legs||Moderate||£26,050 to £36,790||Cases in this category will generally be where one limb suffers multiple or complicated fractures.|
|Toe||Amputation||Around £29,380||This category covers cases where it is necessary to amputate the great toe.|
Due to the fact that compensation is largely based on the severity of your injuries, you will need to provide evidence to substantiate your level of suffering. Therefore, as part of your claim, you will be required to attend a local medical assessment. In your meeting, an independent medical specialist will examine you. They will also ask some questions to ascertain how your injuries have affected you. Finally, they will look at any relevant medical records.
Special Damages For Agency Worker Injuries
The figures in the last section were for compensation known as general damages that cover any pain and suffering. On top of that, you might also need to make a special damages claim. This is compensation that is used to recover any costs or financial losses caused by your injuries.
Again, every claim is unique, but you may be able to claim for:
- Care costs. This could be used to cover the time of a friend or relative who carried out tasks for you to help you recover. You might also need to claim back a professional carer’s fees in some cases.
- Travel-related expenses. You could ask for parking fees or fuel costs to be paid back if you incurred them due to medical appointments.
- Lost income. Taking time off work to recover can prove costly. Therefore, you could ask for any lost earnings to be paid back.
- Medical expenses. Generally, any remedial treatment will be free on the NHS. However, you might incur costs for prescriptions or over-the-counter medication. Also, non-NHS treatment costs could be claimed back where necessary.
- Home adaptations. Injuries that result in a disability could mean you need to change your home to help you cope. If that’s the case, this cost could be added to your claim.
- Future lost income. Where an injury impacts your ability to work, you could claim for the loss of future earnings. The amount awarded would depend on your salary, age and job prospects.
What Is An Agency Worker Injury?
While there are many different types of workplace accidents that could occur, for the purposes of compensation claims, you will need to show that:
- You were involved in an accident; which
- Was caused by your employer’s negligence; and
- As a result, you sustained an injury or became ill.
If all three of the statements are true, you could be entitled to claim for any suffering caused by the accident.
Acts that could be classed as employer negligence include:
- Not supplying suitable protective equipment.
- Failing to train you adequately.
- Not allowing you to take rest breaks.
- Failing to fix faulty machinery or equipment.
We could help you begin a claim if you have suffered because of an accident at work that wasn’t your fault. Why not pick up the phone and let us review your case for free today?
What is an agency worker?
An agency worker is somebody who is contracted by a temp agency or recruitment agency but works temporarily with a hirer.
When could you be classed as an agency worker?
You could be classed as an agency worker if you are placed in a company, temporarily, by your agency. If the agency places you with a company permanently, you may not be an agency worker, so it is worth checking your status with the company you’re working for.
What Is The Difference Between Agency Workers And Contractors?
Agency workers are those who are placed in a company temporarily by a recruitment agency. As an agency worker, you will be afforded a number of rights which we will look at later on.
Contractors are individuals who supply a service to a company. For instance, a project manager may work as a contractor. They could be a sole trader, limited company or use an umbrella company to provide their services. Contractors are hired directly by the firm and not through an agency.
If you believe you’ve been injured in an accident while you were an agency worker, and would like to discuss making a claim, please get in touch today. We provide free legal advice even if you don’t start a claim.
Are Agency Workers Classed As Employees?
When you work for an agency, you might be hired as a temporary agency worker. In other situations, you might have a permanent contract with the agency. In general, this could mean you are classed as an employee of the agency.
The best way to find your employment status is to check any contract you have with the employment agency. This should explain your role and status clearly. If you’re still not sure, you should send an email to the agency and ask them directly.
If you are concerned that your rights are not being met because your employment status is unclear, there are a number of agencies that could offer advice. You might want to call in to your local Citizens Advice office with copies of your contract. Alternatively, you could find out more about your employment rights through Acas.
What Rights Does An Agency Worker Have?
If you are employed as an agency worker, you have a number of legal rights. They include:
- To be paid the national minimum wage (at least).
- You should receive the same level of pay as permanent employees once you have worked in a company for 12 weeks.
- From day one, you have worker’s employment rights. You are also entitled to use any shared facilities available to permanent staff. This includes transport services, parking and canteens.
- You may be entitled to statutory maternity pay. After 12 weeks of work, you will be able to have paid time off for pregnancy appointments when pregnant.
- You should always be given payslips explaining what you will be paid and certain deductions that will be taken from your wage.
At the end of this article, you’ll find a government link on agency worker rights if you need further information.
Duty Of Care Owed To Agency Workers
In general, the company you are working for will have a duty of care to try and keep you safe while working for them. That means your health and wellbeing should be treated in the same way as permanent employees.
To try and keep you safe, employers need to assess the workplace regularly. If any risks are identified, they should be removed where possible. You might be able to claim for an injury at work if it was caused by:
- A lack of safety equipment.
- Poor training about your tasks and role.
- Inadequate safety guidance. You should have access to the health and safety procedures if required.
- Damaged, faulty or poorly-maintained equipment.
- Not being offered adequate rest breaks.
As mentioned before, to be eligible to start a claim, you will need to have been injured in an accident caused by the employer’s negligence. Shortly, we will supply a list of evidence you could supply to help prove liability for the accident.
Who Could I Make An Agency Worker Injury Claim Against?
As mentioned earlier, the duty of care towards your safety would usually be held by the company you are working for. That means if they breach that duty of care, and you suffer an injury as a result, you could claim against them.
In some cases, though, you might be able to claim against your agency if the duty of care laid with them. For example, you could claim against the agency if you were injured on a building site because the protective gear they provided was not suitable.
Don’t worry too much about who the claim will be made against though. If your case is taken on by one of the lawyers on our panel, they will use their experience to determine who is responsible for your injuries. Once the claim is submitted, they will handle communications with the defendant so that you don’t need to be involved.
What Should I Do If I Caused My Workplace Accident?
Even in cases where you caused an accident that injured you, it may be possible to claim. That’s because you may be only partially liable. Our advice would be to follow the steps that we’ve listed in the following section to gather evidence.
After you have done so, you could call our team so that they can look at what’s happened with you. It could be possible to claim if the accident was caused because you weren’t given the right tools, safety equipment or training to carry out the task. Please call today for further information.
How Do I Make An Agency Worker Injury At Work Claim?
If you are involved in an accident at work, there are some steps you could take to secure evidence of what happened. They include:
- Using your phone to photograph the accident scene. Where possible, capture the cause of the accident before it is removed.
- Report the accident as soon as you can. When you do, an accident report form will be completed. You could use your copy to help prove the date, time and location of the accident.
- Seek medical attention. As well as first aid, we’d advise you to visit A&E or your GP to have your injuries assessed. You could use medical records to help prove your level of suffering.
- Ask witnesses for their contact details. Statements might be gathered at a later date to help prove what happened.
- Ask for copies of any CCTV covering the area.
By completing the steps above, you could improve your chances of proving that the company was responsible for your accident. After you have got as much evidence as you can, please call us for a free assessment of your case.
No Win No Fee Agency Worker Injury At Work Claims
One of the reasons claims don’t get made is because the claimant worries about the cost of hiring a lawyer. Well, to remove a lot of that worry, our panel of lawyers provide a No Win No Fee service for claims that are taken on. That means that you can hire legal representation with a much lower financial risk.
At the beginning of your claim, a lawyer will have to check if the case is feasible. If they decide to work for you, the case will be funded by a Conditional Fee Agreement (CFA). The CFA explains the circumstances under which your lawyer will be paid. Additionally, it shows you that:
- There’s no upfront solicitor payment required.
- You won’t be asked to cover lawyer’s fees during the course of the claim.
- No lawyer’s fees will be charged if the case fails.
In the course of a normal claim, you will only pay your lawyer if they win compensation for you. If that happens, a success fee is deducted from your compensation to cover the cost of the lawyer’s work. When you review your CFA, you’ll see your success fee listed as a small percentage. So that you can’t be overcharged, success fees are legally capped.
Thank you for taking the time to read this article. We are here to help if you have decided that you would like to claim for an accident at work. To contact our specialist advisors, you can:
You can get in touch with our team at any time of the day or night. We won’t waste your time with irrelevant questions, and you’ll receive honest advice about your chances of success. During your call, an advisor will review how you were injured and offer free legal advice. Should the claim appear feasible, you could be referred to a specialist lawyer from our panel. Any claim that is taken on will be managed on a No Win No Fee basis.
You have reached the final section of this article about agency worker injury claims. So far, we have supplied guidance that we hope has helped you understand whether you could claim. To finish off, we have added some links and resources that could help during your claim. Please get in touch today if there is any further information we can provide.
Agency Worker Rights – A comprehensive list of government articles that explains your rights as an agency worker.
Working Hours – Information from Acas that explains things like maximum hours and rest breaks.
Hospital Locator – This tool is useful if you need to find the address of a hospital to request medical records.
Finally, as Advice.co.uk offers help with other claims as well, here are some more of our guides.
Pedestrian Injury Claims – Information about making an injury claim caused by an accident while walking in a public place.
Stress At Work Claims – This article shows how you could claim for suffering caused by stress in the workplace.
Electric Shock Claims – Advice on claiming if you have been injured by an electric shock.
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