Agency Worker Accident At Work Claim – I Had A Injury At Work While Working On Agency Can I Still Claim Compensation?

By Llauren Hope. Last Updated 22nd February 2021. Welcome to our guide on making an agency worker accident at work claim.

Given agency workers are not direct employees of a company, there tends to be a lot of uncertainty as to what rights they have, especially when accidents occur. Many agency workers will neglect the opportunity to pursue a compensation claim because they are uncertain about what legal rights they hold.

In this guide, we will look at what rights apply to agency workers involved in an accident at work and how you can pursue an agency worker injury claim for third-party negligence despite not working directly for a company. This guide will also touch upon how a personal injury lawyer could guide you through the claims process and how they could help you secure a settlement on a No Win, No Fee basis.

When you feel ready to begin your claim, contact our team on 0161 696 9685 for a free, no-obligation consultation. Our panel of specialist solicitors has thirty years’ experience in representing victims of third-party negligence and they could help you not only to recover compensation but to obtain justice.

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A Guide To Agency Worker Accident At Work Claims

agency worker accident at work claim

agency worker accident at work claim

When a company requires additional staff for a specific job, they may sometimes source temporary workers through an agency. Such staff are known as “agency workers”. There is much uncertainty surrounding agency workers’ rights, and we often receive queries and questions such as: 

  • What are your rights as an agency worker? 
  • How does agency employment work? 
  • Can you work for two temporary agencies at the same time and still hold one liable for an avoidable injury? 
  • Can agency workers claim unfair dismissal? 
  • Who is held liable to compensate an agency worker for their injuries?

Some workers may never proceed with a personal injury claim for negligence because of this ambiguity.

In this guide, we will provide you with impartial advice concerning all of these questions and more.  As this guide will explain in further detail, it is possible to hold the responsible party liable for an avoidable injury, providing the case has begun within the personal injury claims time limit (3 years from the date of the accident). Whether an agency fails to correctly train its staff or the working environment is unsafe and you suffered an avoidable injury as a result, you could claim compensation for the harm inflicted.

What Is An Agency Worker?

You may have found this guide while searching for answers to several questions, including “What is an agency worker by definition?” An agency worker is an employee who works under an agency contract. According to Citizens Advice, the following principles apply to you:

  • There will be a contract between an agency and yourself.
  • Your services are supplied to the employer temporarily.
  • Your job could, therefore, be under the control of the employer.
  • You are not self-employed

These types of workers will be sent to various contractors on a temporary basis to complete the task at hand. As an agency worker, you will work temporarily for an employer, but this employer will inform you of what they expect for the duration of the contract.

To discuss an agency worker accident at work claim further, give our team a call today.

Who Is Not An Agency Worker?

On the other hand, you are not an agency worker if:

  • You find work through a temporary work agency, but you are self-employed.
  • You work on a ‘managed service contract’ basis – this is a type of agency contract which provides the client with a service (E.g. Cleaning, catering, scaffolding) and the agency itself tells you what your daily duties are.
  • You work for an in-house temporary staffing bank whereby a company will employ temporary workers directly to work for a business or to provide a service.
  • You find direct employment with an employer or recruitment agency on your own accord.
  • Your employer loans you to another employer on a secondment or loan basis.

In short, if you find a job of your own accord or a recruitment agency finds one for you, then you are not regarded as an agency worker. Similarly, if a company loans you to another, this is not seen as agency work either. The reason for this is because the agency that loans you is in control of what services you offer and what your daily duties are, instead of the client.

Accidents In The Workplace Affecting Agency Workers

The Labour Force Survey reports that 693,000 workers sustained non-fatal injuries in 2019/20.  As an agency worker, an accident at work could take several different forms, such as with any workplace accident. There is no one definition of what an accident at work is, due to the differentiating natures between job roles. In general, a workplace accident is a potentially dangerous incident that may result from a breach of the duty of care owed by employers. This breach could lead to injuries being sustained. For example, an agency workers injury could result from:

  • Failure by the employer to carry out regular risk assessments.
  • Lack of training for the task at hand, such as on manual handling jobs.
  • Failure to correctly address findings from risk assessments.
  • Failure to provide the appropriate Personal Protective Equipment (PPE).
  • Allowing employees to operate faulty machinery.

The list above is not exhaustive and there are several more causes that could lead to a temporary worker becoming injured at work.

The Steps You Should Take

Following an accident, there are some steps that you should seek to take in order to strengthen the basis of your claim. It is important to follow as many of these steps as possible as the evidence you gather will help support your case. These include:

  • Accident Report Book: No matter how minor in severity the accident may seem, it is vital that your employer records the incident in an accident book. This will serve as an official record of the event.
  • Witness Contact Details: If anyone was around to witness the accident, be sure to take their details for your solicitor to use at a later date.
  • Photographs: One of the most important steps to take is photographing the accident scene along with the potential cause and any visible injuries, if possible.
  • Seek Medical Attention: It is vital that you see a doctor for any injuries you sustain, no matter how small they may seem. These medical records serve as a crucial piece of evidence in any claim and will help determine how much compensation you receive.

For more advice regarding an agency worker accident at work claim, get in touch with our team today.

Your Rights As An Agency Worker In The UK

If you are concerned about what agency workers’ rights you have, this section may be of use to you. Your rights as an agency worker bear similarities to that of full-time employees. For example, you are granted certain worker’s employment rights from the day you begin work.  As with permanent staff, you should expect to use the same facilities and services provided by the employer, such as a canteen, car park and transport between sites.

However, you may be wondering “What rights do agency workers have after 12 weeks?”. After such a period of time, you are likely to qualify for the same rights as those from direct employment. This is commonly referred to as ‘equal treatment’ and includes the right to equal pay, automatic pension enrolment and paid annual leave. Furthermore, sick pay for agency workers, also known as Statutory Sick Pay (SSP), is eligible for those who earn above £118 a week. You should note that you won’t be entitled to equal pay if your contract is on a ‘pay between assignments’ basis.

Your Employers Duty Of Care As An Agency Worker

Many people ask our claims department the same questions: “Do agency workers get redundancy pay?” and “What are agency workers’ rights?” Simply put, there are few differences between agency worker rights and permanent employment rights. All employers have a duty of care to provide a safe working environment for their employees, regardless of their employment terms.

Further, your health and safety could be protected by a shared duty between the employer and the agency. In many cases, however, agency workers may be seen as employees of the agency or the business hiring them, depending on the contract of employment in question. However, an employer cannot transfer your health and safety responsibilities to another person or business. In addition to this, the Agency Workers (Amendment) Regulations 2019 is also in place to tackle discrimination against agency workers.

Under the Health and Safety At Work etc. Act 1974, employers must uphold their duty of care for all staff on-premises, including agency workers. This means that permanent employment regulations extend to temporary workers rights in the UK. The main responsibilities of an employer are to:

  • Provide a safe working environment for all staff
  • Extensively train staff with the relevant information/tools
  • Where necessary, provide personal protective equipment (PPE) and clothing
  • Ensure all equipment and machinery is in safe working condition
  • Comply with health and safety standards where necessary
  • Make all employees aware of inherent hazards and inform them of how they can minimise risks

If you’d like to discuss an agency worker accident at work claim further, get in touch with our expert team today.

Who Do Agency Workers Claim Compensation From?

Who exactly is held liable under a personal injury claim will depend on a combination of factors. In some cases, the hiring company will be held liable for an injury as they control the workplace and its processes. For example, if you suffered an accident at work as a contractor, then you could hold the operator or owner of the company liable for not providing a safe working environment.

However, if the agency had responsibility for providing the likes of training or personal protective equipment, then they could be held liable. If you’re at all unsure, the best thing to do is to speak to one of our advisors on the number at the top of this page.

Agency Worker Accident At Work Compensation Calculator

If you’re awarded compensation, you may find your settlement package consisting of two heads of claim: general damages and special damages. General damages are designed to compensate you for the pain, suffering and loss of amenity inflicted by your injuries. In the table below, you will find various amounts in relation to general damages, taken from the Judicial College Guidelines, a publication used by solicitors and the courts to value claims.

InjuryThe Severity of the InjuryAwarded Compensation Injury Description
Brain DamageMinor£40,410 to £85,150Minor 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.
Brain DamageSevere£264,650 to £379,100Severe 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.
Total Deafness and Blindness SeriousIn the region of £379,100The affected individual will be left with the most devastating injuries, causing life-altering repercussions.
Loss of One EyeSerious£51,460 to £61,690The level of compensation awarded is often dependant on the age of the individual, the psychological consequences cosmetic damages, and additional health implications.
Neck InjuryMinorUp to £2,300A neck injury of this nature is often expected to make a full recovery within three months.
Neck InjuryModerate£23,460 to £36,120A 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 InjurySevereIn the region of £139,210A 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.

While an online personal injury claims calculator can provide you with a general estimate, we advise all potential claimants to discuss their circumstances with a legal adviser from our team who can provide you with a more specific figure. This is because every personal injury claim is unique and therefore each settlement amount is estimated specifically to the circumstances of a case.

Special Damages Which You May Be Able To Claim

Special damages are designed to compensate you for any financial losses or expenses incurred, or those that will be incurred in the future, as a result of the injury. Some examples of the types of losses you can claim include medical costs, travel expenses or loss of earnings. The most important thing to remember when it comes to special damages is to keep all receipts and bills. Without evidence of an expense, it’ll be difficult to claim back.

For more information on special damages in an agency worker accident at work claim, give us a call today.

Why Contact Legal Helpline About Your Claim?

Our panel of knowledgeable personal injury solicitors possesses the expertise to guide you through the complexities of the claims process. With decades of experience handling accident claims, a lawyer from our panel will treat your case with the respect and sympathy it deserves.

They will work tirelessly to ensure that you recover the maximum amount of compensation possible and will update you every step of the way, so you can rest assured that your case will be in good hands.

No Win No Fee Agency Worker Accident At Work Claims

All our personal injury solicitors work under a No Win No Fee agreement. Also known as a Conditional Fee Agreement (or “CFA”), this is a financial contract that sets out the terms of how your legal representative will receive payment for their time and services. It will confirm that you do not have to pay any fees upfront or during the claim, and if your solicitor is unable to secure a settlement on your behalf, you will not be held accountable for their fees. 

If your solicitor is successful, they may seek a small contribution toward their costs.  This contribution is known as a success fee and is legally capped. You will have a chance to discuss the final percentage with your legal representative prior to beginning your agency workers injury claim.

Begin An Agency Worker Injury Claim

To begin your claim or to find out more, you can use one of the contact methods below. An expert will offer you a free, no-obligation consultation of your potential claim. You can reach our team in the following ways:

  • Call Us: Connect with an adviser on 0161 696 9685.
  • Online Claim: You can enquire about your claim online by clicking here.
  • Call Back: An adviser will call at a time that suits you. Click here to fill out a callback form.

Agency Worker Claims Resources

We hope this guide on making an agency worker accident at work claim has helped make things a little clearer. Below are links to other guides and websites we feel could help you further.

Accident at Work Employee Rights

If you’ve been injured at work, you may wish to know what rights you have.

Assault at Work Compensation Claims

Suffered an assault at work? This guide explains what steps you should take next.

Assault Compensation Claims

For more information on general assault claims, read this guide.

HSE – Agency Workers Information
Advice and guidance by the Health and Safety Executive (HSE) regarding agency workers.

HSE – Temporary Workers
If you are a temporary worker, you may find this online guide useful.

HSE – Vulnerable Workers
How temporary and agency workers can become vulnerable.

Agency Worker Accident At Work Claim FAQ’s

How long after an accident at work can I claim?

Suppose you are injured at work, but it was through no fault of your own. You have 3 years from the date of the accident to make a claim. In some cases, the 3 years could begin from the date you obtained knowledge of being injured or suffering an illness or industrial disease.

Can you claim against your employer if you are injured at work?

If you are injured at work because your employer breached their duty of care to you, they could be liable. However, you must be able to prove the following:

  • Your employer owed a duty of care to you.
  • They breached their duty of care to you.
  • You were injured as a result of this breach.

Are you entitled to full pay if you have an accident at work?

Unfortunately, your employer has no legal obligation to pay any member of staff their full pay due to illness or injury. This is the case even if the illness or injury was caused by an accident at work, no matter who may be at fault. In such instances, SSP can be claimed and any lost wages can be factored into a personal injury claim.

Thank you for reading our guide on an agency worker accident at work claim.

 

Guide by HS

Edited by REG