You may want to know about temporary workers’ rights and if you could claim compensation following a workplace injury. In this guide, we look at some of the rights of temporary workers.
You can explore who is classed as a temporary worker. Then, we look at who owes workers a duty of care. Also, we discuss what this duty of care means plus the legislation that governs workplace health and safety and who it applies to.
You might be able to claim compensation for workplace injuries. We examine ways to strengthen your claim. In addition, we look at what you could potentially claim.
You might decide to file a claim after reading this guide. We explain how No Win No Fee agreements work and why they might be beneficial. Get to know your temporary workers’ rights with this guide.
If you’ve experienced a workplace injury, contact our advisors.
To get in touch:
Select A Section
- Temporary Workers’ Rights After An Accident At Work
- Who Is Responsible For A Temporary Worker Accident?
- Health And Safety Duty Of Care For Temporary Workers
- What Should You Do After An Accident At Work?
- Temporary Workers’ Rights And Estimating Damages For Injury Claims
- Get Help With Your Claim And Learn More About Temporary Workers’ Rights
We examine who is and is not considered to be a temporary worker in the sections below. We also explore the duty of care employers owe to their workforce, this includes temporary and agency workers. To learn more about temporary workers’ rights and find out if you might be eligible for compensation, read this guide.
Our advisors are waiting to discuss your potential claim.
When Are You Considered A Temporary Worker?
Someone who is employed under a temporary contract, including an agency worker, can be considered a temporary worker.
Temporary workers can be employed directly by an employer for a fixed amount of time. They could be self-employed and their services are used for a short amount of time.
As an agency worker, your contract is with the agency and not the workplace. You may be sent to different workplaces as part of your agency contract. An agency nurse, for example, might fill staff shortages at one hospital one week and the following at a different hospital.
You could also be a temporary worker if you’re a seasonal employee or part of a staff bank. Working just for the summer holidays is one type of seasonal employment contract. A staff bank is made of workers who come in to fill staff shortages. They are employed directly rather than through an agency.
What Are The Rights Of Temporary Workers?
You should expect some basic temporary workers’ rights from your first day of employment. Your workplace should follow a reasonably practical duty of care towards all workers, including temporary workers. This is set out in the Health and Safety at Work etc. Act 1974 (HASAWA).
Temporary workers’ rights after 3 months increase to that of a full employee in the same position. This only applies if you have been at the same workplace and in the same role for those 12 weeks.
Free legal advice is available from our advisors.
A temporary worker hired on a seasonal basis will have a different employer than an agency worker. Seasonal and staff bank employees are not considered agency workers as their contract is with the employer and not an agency, as mentioned above.
Usually, the employer will be responsible for the health and safety of the staff. However, this could change with an agency worker. The agency might be responsible for providing staff with training, for example.
Negligence arises when your employer, whether this is the business or your agency, fails to take reasonable steps to reduce workplace risks. If an injury occurs due to a breach in the duty of care, you might be able to make a personal injury claim.
Contact our advisors to discuss your potential injury at work claim.
Every worker, including temporary workers, should expect employers to take reasonably practical steps to ensure your health and safety while in the workplace. This is part of their duty of care and they owe it to workers under the HASAWA.
Employers should provide:
- Free training. Any workplace training required to safely carry out work duties needs to be provided. For seasonal employees, this would be by the employer. Agency staff, however, may find it is their agency.
- Personal Protective Equipment (PPE). If PPE is required to carry out work, it needs to be provided to staff for free.
If you’ve experienced an injury due to employer or agency negligence, our advisors can help you start a compensation claim.
Workplace Injury Statistics
Certain workplace injuries need to be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Statistics are collected by the Health and Safety Executive (HSE). 2020/21 saw 51,211 non-fatal injuries reported under RIDDOR.
To claim compensation, you will need to prove employer or agency negligence caused your injuries. Actions taken after an injury could help strengthen your claim.
Following an injury, you could:
- Seek medical attention. Medical records could be submitted as evidence. To claim compensation, you might be invited to an independent medical assessment.
- Note witness contact details. If there are any witnesses, you could note their contact details. If claiming compensation, they could provide a statement at a later date.
- Request CCTV. Even as a temporary or agency worker, you could request CCTV footage from the relevant person.
- Fill in the accident log book. If ten or more people work at your workplace, then the business must have a logbook to report accidents in the workplace.
- Seek legal advice. A personal injury solicitor can advise you on your temporary workers’ rights in regards to health and safety.
Following an accident at work, you do have employee rights. Talk to our advisors for further information about your potential claim.
You might wonder how much compensation you could seek for accident at work claims. Each injury, along with the set of circumstances is different. Compensation claims, however, could come with two heads. We discuss each in more detail below.
You claim general damages to compensate for your physical injuries and any mental health impact they had. To help assign value to your injuries, solicitors refer to a document titled the Judicial College Guidelines (JCG). Potential compensation brackets are listed alongside the injuries in the JCG. We’ve included examples in the table below.
|Minor brain or head injury||£2,070 to £11,980||Minimal brain damage. May have some continuing symptoms.|
|Moderate psychiatric damage||£5,500 to £17,900||Impact on ability to cope and personal relationships but with a good prognosis.|
|Partial hearing loss and/or tinnitus (iii)||£11,820 to £13,970||Some noise-induced hearing loss with mild tinnitus.|
|Traumatic injury to digestive system (iii)||£6,190 to £11,820||Industrial laceration or penetrating wounds.|
|Moderate neck injury (i)||£23,460 to £36,120||Severe immediate symptoms from fractures or dislocations, also includes chronic conditions.|
|Severe back injuries (iii)||£36,390 to £65,440||Disc lesions, fractures or soft tissue injuries leading to chronic conditions and disability even after treatment.|
|Less severe elbow injuries||£14,690 to £30,050||Function impairment but no significant disability or major surgery.|
|Severe finger fractures||Up to £34,480||Could lead to partial amputation resulting in impairment to grip, appearance and function.|
|Moderate knee injuries (i)||£13,920 to £24,580||Dislocation, torn cartilage or meniscus resulting in mild future disability.|
|Less severe facial scarring||£16,860 to £45,440||Significant psychological reaction to substantial facial scars.|
This is the head of claim that compensates you for costs incurred due to the injury. You must be able to supply evidence to claim special damages. For example, you could use receipts or invoices.
You could recover costs for:
- Lost wages. Your loss of earnings could be proved with payslips, for example.
- Medical expenses. This could include anything from cosmetic devices, such as specialist makeup, therapy or renting medical aids if the NHS couldn’t cover them.
Our advisors could provide you with an estimate of what you could claim.
Should you wish to claim compensation, you might find the process easier with a solicitor. Legal representation could be expensive; however, No Win No Fee, (formally called a Conditional Fee Agreement) is one way to have representation without as much financial risk.
You pay no upfront fee with a No Win No Fee personal injury lawyer. In the event of a successful claim, you’d pay a success fee, which is capped by law. This is taken from your award only after it comes through.
Our advisors offer free legal advice about temporary workers’ rights. They could discuss what proof could strengthen your claim. They can also provide an estimate of your potential compensation. If your claim seems favourable, our advisors could connect you to our panel of personal injury solicitors.
To get in touch:
Find Out More About Temporary Workers’ Rights
We thought you might find these links useful:
- Agency Workers’ Rights Guide from the Government
- Workers Guide to Health and Safety from the HSE and Trades Union Congress
- Citizens Advice Check Your Rights as an Agency Worker
And more guides:
- Claiming compensation for an accident at work
- Accidents at work caused by tiredness and fatigue
- Claim compensation for slipping at work and hurting your back
- How to make an NHS accident at work claim
- How to claim compensation for an accident at work during your probationary period
- Why is it important to report accidents in the workplace?
- I was injured due to no workplace training, can I claim?
- How to claim for a back injury suffered while working for the NHS
- Office-based accident at work claims
- How to make a workplace back injury claim
- Employee rights after an accident at work
- Assault at work compensation claims
- Agency worker accident at work claims
- Tendon injury at work claims
- How to make a claim for an injury caused by defective work equipment
- How to claim for a back injury at work caused by lifting?
- Inadequate protective equipment compensation claims
- Ladder accident at work compensation claims
- Stuck in a lift at work? See if you can claim compensation
- Fatal accident at work claims
- Claiming when injured due to lack of work safety boots
- Manual handling claims
- Slip, trip, fall at workplace compensation claims
- Forklift accident compensation claims
- Warehouse accident claims
- Accident working abroad compensation claims
- Construction accident claims
- Self-employed accident at work claims
- Scaffolding accident compensation claims
- Could I be sacked for an accident at work claim?
- Firefighter injured at work claims
- Employers’ responsibilities after a work accident
- Claim for carbon monoxide poisoning at work
- I did not take time off work after an accident, could I claim?
- Chemical burn at work – can I claim compensation?
- Claiming for a work accident after leaving the company
- Do employers pay for work-related injury claims?
- Do you have to be an employee to make a work accident claim?
- Time limits for work injury claims
- Part-time employee injury claims
- I got hurt at work, do I need a lawyer?
- The personal injury claims process explained
- The Management Of Health And Safety At Work Regulations 1999
- Who to notify if a fatal accident occurs at work?
- How to use an accident at work claim calculator
- Fatal accident at work claims guide
- Contractor injured at work – can you claim?
- How many lone workers are attacked every day?
- Bulging disc workers’ compensation claims
Written by DB
Edited by RV