Agency Worker Injury Claims
By Daniel Samson. Last updated on 13th December 2021. Welcome to our guide on agency worker injury claims. If you have been injured at work and it wasn’t your fault, then you could be entitled to compensation. This still applies if you were injured while employed as an agency worker. You could make a No Win No Fee agency worker injury claim.
However, agency workers may be unsure of what their rights are as an employee while completing work for an employer. If you are an agency worker, you may have questions about your rights to claim and who is liable to compensate you. You may be put off from making a claim if you are uncertain about these details. However, if you have good reason to believe that someone else’s negligence has caused your work injury, it is worth considering a claim regardless of your employment status.
Reach Out To Us Today
You can contact UK Law for free legal advice on making a personal injury claim. Our panel of lawyers can help if you have any questions about agency worker injury claims. You can contact us online through our live chat service or by using our claim online form. You can also talk to us on the phone by calling 020 3870 4868.
Services And Information
- More Information You Need To Know About Agency Worker Injury Claims
- What Are An Agency Worker Injury Claims?
- Employers’ Duty Of Care To Agency Workers
- Who Is Liable For My Injuries?
- Agency Worker Injury Claims Calculator
- What Are My Rights As An Agency Worker?
- I Am An Agency Worker, Does That Make Me An Employee?
- Contractors Vs Agency Workers
- What Happens If I Was At Fault?
- Agency Worker Injury Claim Time Limits
- I Suffered An Agency Worker Injury, What Should I Do?
- Do You Handle Agency Worker Injury Claims On A No Win No Fee Basis?
- Contact Us For More Help
- Other Information
- Agency Worker Injury Claim FAQs
Agency workers share a lot of the same legal rights as other types of employees, whether they are full-time, part-time, permanent or temporary staff. This includes legal rights for claiming compensation if you’re injured while working and it isn’t your fault.
In this guide, we’ll clarify what rights agency workers have which offer them protection from harm during work. We also explain the circumstances that allow an agency worker to start a personal injury claim. Additionally, we discuss time limits and potential payouts for agency worker injury claims.
If you find that you have queries about anything that comes up in this guide, get in touch. Our advisors are available 24/7 so that you can get in touch whenever you’re ready. Their advice is free and you’re under no obligation to proceed with the services of our panel of personal injury lawyers.
Agency workers have the same right to a safe environment in which to perform their role as full-time employees. This means that if they sustain injuries due to the negligence of the person in charge of the premises, they have a legal obligation to make a claim for compensation.
Workplace injuries can vary in severity. There are a number of ways they can take place. The injuries could be minor such as:
Or they could be more serious. Examples include:
- Brain damage
It’s not just physical injuries that can be claimed for. You could also be owed compensation for any psychological injuries linked to the incident. For example, some events or injuries may cause a condition known as Post-traumatic Stress Disorder (PTSD). Severe cases of PTSD can be mentally disabling for various periods of time. You deserve to be compensated in scenarios such as these too.
Sometimes, workplace injuries are so extreme that they cause the injured party to pass away as a result. These are known as fatal accidents. A loved one can make a claim for wrongful death on the behalf of the deceased.
As you can see from the graph below, fatal accidents do occur throughout the year. RIDDOR statistics for 2020/21 show that there were 142 workers killed in the workplace over this period of time.
It is not stated how many of those that died were agency workers. However, the graph does give us a good idea of how common the occurrence is in general.
As you can see, the construction industry had the highest number of workplace fatalities with 39. You can some of the other industries that experienced workplace fatalities too just below.
If you have any questions regarding fatal or non-fatal injuries to agency workers, get in touch today.
The Health and Safety at Work etc. Act 1974 requires employers to owe a duty of care towards all those working on their premises. They should protect their health, safety and wellbeing. This not only includes staff which the employer has hired directly on a permanent or contract basis. Agency workers are also covered by this duty of care. The specific ways an employer’s duty of care is implemented can vary. It depends on what type of business an employer is in and the nature of work completed at their premises.
To summarise, employers are legally obliged to take reasonable steps to protect staff, including agency workers, from any foreseeable harm while they are working. Employers usually have the following responsibilities as part of their duty of care:
- Provide all their employees with a safe working environment.
- Give staff thorough and relevant training so they can complete their work safely.
- Provide protective equipment to staff when necessary.
- Make sure that equipment is well-maintained and in proper working order.
- Make sure that staff are aware of any inherent hazards present within the workplace.
- Do all that can reasonably be expected to make sure that the workplace complies with health and safety standards.
If an employer is negligent in any aspect of their duty of care, and this negligence leads to an injury to one of their workers, they could be liable to pay compensation. It does not make a difference if the injured worker is an agency worker or a different type of staff member.
If, as an agency worker, you are involved in an accident that causes injuries, then there are numerous factors that determine who is responsible for the accident. If you were not at fault for the accident, then the employer of the workplace you were injured in could be held responsible. In certain circumstances, it may be the recruitment agency that gave you your work opportunity which could be held responsible instead.
A recruitment agency would normally remain as your employer in your agency contract, even though you’re carrying out work for another business. The business which has hired you through the agency should provide you with training (if applicable) related to the job you’ve been contracted to carry out.
As an agency worker, you’re not usually a direct employee of the business. However, the Health and Safety at Work etc. Act requires employers to provide a safe environment to all those working on their premises or visiting. You are therefore entitled to the duty of care which the business should provide to all workers, regardless of how they were hired.
So if you suffer your work injury while working for anyone through an agency, you could file a compensation claim against them. That is assuming that you can prove that the employer breached the duty of care they legally owe you.
You may be wondering in what circumstances would an agency be deemed responsible for work injuries. In some cases, an agency can control how the work you’ve been contracted for will be carried out. That could make the agency responsible for providing you with the correct clothing, tools and training for your job.
To summarise, if you are injured because of the agency’s negligence, then they could be held responsible. They could therefore have to cover your compensation payout.
If you are making a claim for an agency worker injury, you may have questions about your compensation amount. The settlement you could be awarded if you successfully claim for these types of injuries can vary a lot. That’s because a wide range of injuries can potentially occur if an agency worker has an accident. The types of injuries and the severity of them are both things that will be taken into account while your compensation is being calculated.
Using the table below, you can calculate your potential compensation payment based on certain injuries you may have suffered in your work accident. The figures are estimates which come from the Judicial College Guidelines. These may be used by solicitors as guidance for working out the value of injuries you’ve suffered.
|Very Severe Scarring
|£27,940 to £91,350
|Less Severe Scarring
|£16,860 to £45,440
|Less Significant Scarring
|£3,710 to £12,900
|Injuries Affecting Sight
|Loss Of Sight In One Eye
|£46,240 to £51,460
|Injuries Affecting Sight
|£3,710 to £8,200
|£36,390 to £151,070
|£11,730 to £36,390
|Up to £11,730
|£7,410 to £36,120
|Up to £7,410
The table focuses on potential compensation for specific injuries which would normally be covered under ‘general damages’. Your final compensation payout may also take into account financial losses under ‘special damages’.
Money may be given for special damages as compensation for financial losses which were directly caused by your injuries. For example, you may have spent money on receiving necessary medication for your workplace injuries. Additionally, you may experience a loss of earnings due to your injuries. You could receive compensation for these if you have proof such as prescriptions or receipts.
Various legislation provides agency workers with numerous legal protections. When you are working for any business as an agency worker, your rights include the following:
- You should be paid at least the minimum wage.
- You should receive payslips.
- No unlawful deductions should be made from your wages.
- You should not be discriminated against because of protected characteristics.
- There should be a limit on the hours of your working week (with some exceptions).
- You should have access to paid holidays.
- You should be allowed to be accompanied at a grievance or disciplinary hearing.
- If you become a whistleblower, you should not be dismissed or bullied for this.
- You should be able to make certain agency worker injury claims to an employment tribunal.
- A safe workplace should be provided to you.
In most cases, if you are hired by a company to complete work for them, you are considered an employee of that company. However, when you’re an agency worker, though you might be perceived as an employee if you’re working on an employer’s premises, your direct employer would be the one named in your contract (normally the agency).
You may be an employee of an agency, but if you’re carrying out work on an employer’s premises they (not the agency) would have a responsibility to protect your health and safety there.
Some people may need clarification on the differences between a contractor and an agency worker. A contractor is a professional who provides skills or services to a company for a set period of time. Contractors can be self-employed and may work as a sole trader or while running their own limited company.
An agency worker is somebody who has a contract with a work agency but works under the direction and supervision of a hirer or contractor client.
If, as an agency worker, you feel you’re responsible for an accident and your injuries at work, there are a few steps to follow. You should first make sure you receive the medical treatment you require for your injuries. As soon as possible, you should also report the accident to your employer or whoever is in charge of your work environment.
The accident should be reported in the company’s accident book if they have one. If you are unable to report the accident yourself, you could instruct someone you trust to do it on your behalf.
If you’re fully at fault for your injuries, you may not be able to claim. However, if you are only partially at fault and your employer is also at fault, you could still claim. The compensation would be reduced to reflect your liability.
If you experience an agency worker injury, there is a time limit for when you can claim against the responsible party. Under the Limitation Act 1980, the normal time limit for claiming for work injuries is three years from the date the injuries occurred.
Certain types of workplace injuries /illnesses could initially go undetected. In these cases, the time limit of three years can start from the date of knowledge. This refers to the date you obtained knowledge that negligence at least contributed to the injury or illness.
The regular three-year time limit applies regardless of what type of employee you are. Simply being an agency worker should not alter the time limit in any way.
How the time limit could change
The three-year time limit is not necessarily absolute in certain scenarios. If, for instance, someone below the age of 18 and it injured in the workplace, then their time limit is suspended them. This suspension will remain in place until they reach adulthood. In the UK, this is on their 18th birthday.
You cannot start a compensation claim on your own behalf before your 18th birthday. However, a claim can be made on the behalf of the child by a chosen representative. This chosen representative is known as a litigation friend. They could potentially be a guardian, parent or another family member. When the injured party reaches the age of 18, they can claim on their own behalf. The three-year time limit kicks in from the date of their 18th birthday.
This time limit can also be suspended if the injured party has a reduced mental capacity. The three-year time limit for claiming remains frozen until the date their mental capacity returns to as it was. If it is not expected to return, then the time limit suspension remains in place indefinitely. A litigation can make the claim on their behalf.
You may be wondering what to do if you have suffered an injury while completing duties as an agency worker. Just after the injury has occurred, your first priority should be to seek the medical care you require. Getting your injuries treated and making yourself as safe as possible is vital.
Obtain whatever medical evidence you can acquire regarding the treatment you receive for your injuries. This evidence could prove useful later if you want to make a compensation claim. For example, a medical report.
You should also ensure that the work accident that caused your injuries is reported in the correct manner. If you can’t manage this yourself, ask a colleague to report the accident for you.
Should you pursue agency worker injury claims?
It is up to you whether to pursue a compensation claim. If you were not to blame for your injuries, then you are entitled to explore this option.
If you want to pursue a claim, you should gather other evidence which can support your potential case. You should start this process as soon as you feel able. The evidence available to you will depend on where and how the accident took place. Photos, CCTV footage and witness contact details are just some of the types of evidence you may be able to gather.
When you’ve finished collecting evidence, the next step could be to get in touch with an expert lawyer who can assist you in making your compensation claim. We highly recommend choosing a solicitor who has experience in handling agency worker injury claims. When you’ve chosen your solicitor, they will ask you questions about the accident and review the evidence you have to support your claim.
If your solicitor is confident your case can succeed, you can make an agreement to work with them. From here, formal legal proceedings for your claim will follow. Your solicitor should help guide you through all the following steps. You can contact UK Law if you have any questions about how to claim for a workplace accident injury.
Here at UK Law, our panel of solicitors is able to handle your workplace accident claim on a No Win No Fee basis. This type of agreement can offer you several benefits. Some examples include:
- If your case is unsuccessful, you won’t be required to pay your solicitor’s legal fees.
- This should mean that your solicitor will work very hard to support your case, since they face extra risk.
- You should not be required to pay any solicitor fees upfront or while your claim is being set up.
- You will only need to pay your solicitor fees if your case is a success.
Following a successful claim, your lawyer’s fees will be covered by a small percentage being taken from your settlement. This is common practice when under a No Win No Fee agreement. The details of how this payment works should be explained in the contract you sign with your solicitor. You can review payment details before signing the contract with your chosen solicitor.
If you have any questions regarding making an agency worker injury claim, then we are happy to help. At UK Law, our advisors can deliver free legal advice on different kinds of agency worker injury claims. You can contact UK Law through the following methods:
- Through our online live chat service
- Submit a request through our claim online form
- Use our call back form
- Call us on 020 3870 4868
For more information related to agency worker injury claimsr or as a different type of employee, you can view the resources linked below:
The Health and Safety Executive (HSE) is responsible for helping regulate workplace health and safety standards. You can view the page above to access statistics that the HSE has collected regarding workplace safety and accidents.
This part of the government website provides extensive details on all the rights you are entitled to if you are an agency worker.
If, at some point, you want to claim compensation from your employer, you may still be currently working for them. In this guide, we explain your legal rights when making a claim against your current employer.
Agency workers and other types of workers can potentially be injured at work by a slip or fall on ice. We explain in the guide above how you can make a claim for this particular type of work accident.
If you want to make an accident at work claim but have not yet reported it, you may be unsure of the legal implications. In this guide, we explain what can happen when work accidents are reported late or not at all.
Other guides you might find useful:
- Bruised Rib Injury Claim
- How Do You Prove Employer Liability?
- An Employer’s Responsibility Following an Accident at Work
- How Do You Claim If Injured At Work In The UK?
- Who is liable in a multi-vehicle accident?
- I don’t know who the occupier is; can I still make a claim?
- My employer has ceased trading, can I make a claim?
- How do I prove fault in a cycling accident?
- How to claim for accidents at work caused by fatigue
- Who pays for medical expenses after an injury at work?
- How To Claim As A Consultant Injured In An Accident At Work
Does my employer have to pay me for an injury at work?
Should you be injured at work, you are entitled to receive at least Statutory Sick Pay (SSP) if you have to be off work for four or more days in many circumstances. If you’re an agency worker and you are on an assignment when you get injured or ill, you may be entitled to SSP until the assignment ends.
If your employer causes your injuries at work, you may be entitled to claim compensation from them.
How do I prove my injury is work-related?
If you make a compensation claim for a work injury, you will need evidence to show that your injuries were caused by your employer’s negligence. There are different types of evidence that could potentially support this claim. Options could include photos, witness statements or security camera footage.
Thanks for reading our guide on making an agency worker injury claims.
Guide by SG
Edited by RV