Agency Worker Accident At Work Claims

By Joanne Jeffries. Last Updated October 11th 2021. Accident at work claims involving agency staff can be something of a grey area when it comes to legal rights. However, this guide has been created to provide clarity.

Many businesses and organisations employ agency staff and temporary workers and do so for a variety of reasons. Agency workers are contracted to work for a business on a temporary basis. In short, the agency finds a placement for an agency worker.

agency worker accident at work claims agency workers

Our guide explains your rights as an agency worker under the Health And Safety At Work Act as well as the duty of care an employer owes you and your fellow workers. We offer essential advice regarding accident at work claims, and who could be liable for the workplace injuries you sustained.

For more advice and information on claiming accident at work compensation, please click on the sections below. If you are ready to discuss an agency worker workplace accident claim with no obligation to proceed with our services, then please contact a member of our team on 0800 073 8801.

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What Is An Agency Worker?

You are classed an agency worker when you are under contract with an agency that hires you out to organisations and businesses on a temporary basis. Therefore, your employer in your contract would usually be the agency.

Businesses and organisations have a duty to ensure the people who work for them have their health and safety protected at work This includes permanent staff, employees, full-time staff, part-time staff, and agency workers.

if you suffer injury because of your employer’s negligence to their duty of care for your health and safety at work, as an agency worker, you could have a valid claim if you could prove negligence on their behalf caused your accident.

Not sure of your employment status? A member of our team can answer any questions you have and will provide free legal advice regarding such claims.

What Is An Agency Worker Accident At Work Claim?

If you are injured in the workplace through someone else’s negligence and you are an agency worker, you could have the right to make a claim for compensation. Even though the employer in the workplace isn’t necessarily your direct employer, they still have a responsibility to ensure your health and safety is protected under the Health and Safety at Work etc. Act 1974.

If, on the other hand, you are an agency worker and the work you do is ‘controlled’ by the agency, liability for an injury could fall to the agency. However, this is only in certain circumstances. If, for example, your agency is responsible for providing you with appropriate personal protective equipment but it is faulty due to their negligence and causes your injury, they could be liable.

It is worth noting that you could be injured in the workplace for a variety of reasons which includes:

  • Being poorly trained or not sufficiently trained to carry out a job.
  • An employer failing to abide by health and safety regulations.
  • Equipment, tools and machinery being poorly maintained and not in good working order.
  • Spillages not being cleaned up.

These are just some of the instances which could result in you being involved in an accident at work. If you suffer an injury as a consequence of someone else’s negligence, you may be able to seek compensation. To discuss agency worker accident at work claims with an adviser, please contact a member of our team today.

Agency Worker Employment Rights

As an agency worker, many of your rights are the same as other employees. This includes the right to having your health and safety protected in the workplace.

Additionally, when an employer doesn’t take reasonable steps to protect your safety and you are injured in a workplace accident due to this, you could have the right to seek compensation. You could do this through an compensation claim.

Other workers rights you may benefit from include:

  • From your first day of work, you have a worker’s employment rights.
  • The use of all shared services and facilities found in the place of employment.
  • On completion of 12 weeks at the same place of employment, you would be entitled to receive the same wage as that of permanent employees/staff. This includes receiving paid annual leave as well as automatic pension enrolment

Would you like to discuss this further with a member of our team? If so, please get in touch with an adviser today.

Who Is Liable For An Agency Worker Accident?

Who is liable for an agency worker accident and who the claim for compensation is filed against, depends on several factors. In the majority of cases, as an agency worker, you would work on someone else’s (usually a business’s or organisation’s) premises.

As such, you would be entitled to the same protection of health and safety as other workers there. Should this be the case, the company who hired you could be liable for any injuries their negligence causes you.

If the agency has the responsibility of providing you with the necessary equipment and the equipment causes you to suffer injuries, they could be liable.

Are you unsure as to whether you can sue an employer? An adviser is here to provide free legal advice regarding agency worker workplace accident claims.

Does An Employer Owe Agency Workers A Duty Of Care?

Employers owe the people in their workplace a duty of care. This applies to visitors to a workplace too. If an employer fails to make a workplace safe and you are injured due to their negligence, your accident at work claim could be valid. This could be the case even if your employer in your contract is an agency.

The Health and Safety Executive (HSE) has some guidance for employers regarding protecting the wellbeing of agency workers. The guidance outlines their responsibilities and how they could implement them.

Not sure if your agency worker accident at work claim is valid? A friendly adviser can provide free legal advice on how best to proceed once your case is assessed so please get in touch today.

Should I Make An Agency Worker Accident At Work Claim?

You may feel uncomfortable about making an accident at work claim against a responsible party. Under the law, you have the right to seek compensation when injured because of another person’s negligence. Seeking personal injury compensation can also be a positive route to recovering financially.

Also under law, your employer is not allowed to dismiss you for making an accident at work claim. Additionally, employers are not always directly involved in the claims process. Most should have employers’ liability insurance in place for such occurrences. Moreover, the claim could be handled by their liability insurance providers.

The time limit for claims is usually three years. However, there are exceptions. Feel free to get in touch with a member of our team to discuss this or any other questions you may have.

Agency Workers Accident At Work Claims Calculator – Updated October 2021

If you have a valid agency worker accident claim, you could claim general damages for your pain and suffering. General damages is the head of claim that compensates you for physical and psychological injuries.

You can also claim special damages for your financial losses and expenses.

Our compensation table below covers general damages. The figures are taken from the Judicial College Guidelines (JCG). Both courts and solicitors may value injuries with the help of the JCG.

Injury Type Severity Notes on Injury Amount of General Damages Awarded based on Judicial College Guidelines
Injury to the Neck Severe (i) Injuries could include incomplete paraplegia or permanent spastic quadriparesis. In the region of £139,210
Injury to the Neck Moderate (i) Injuries may include fractures or dislocations which are severe and may require a spinal fusion. £23,460 to £36,120
Injury to a Back Severe (i) Very severe injuries that involve spinal cord damage and nerve roots damage, with very serious consequences. £85,470 to £151,070
Injury to a Back Moderate (i) injuries include compression/crush fractures of the lumbar vertebrae. There would be constant pain and discomfort. £26,050 to £36,390
Injury to the Hand Total or Effective Loss of Both Hands The injury is diagnosed as being extremely severe. Extensive damage renders hands practically useless. £132,040 to £189,110
Injury to the Hand Total or Effective Loss of One Hand Injuries include crushes where the hand is surgically amputated or where all fingers and most of the palm have been traumatically amputated. £90,250 to £102,890
Injury to the knee Severe (i) Injuries include serious ones where the knee joint has been seriously disrupted. Consequences would include lengthy treatment and surgery is required. £65,440 to £90,290
Injury to the knee Moderate (i) Injuries include dislocation, torn cartilage or meniscus that causes mild disability or wasting. £13,920 to £24,580
Injury to the toe Amputation of All Toes Level of award would depend on (for example): whether the amputation was traumatic or surgical and effect on mobility. £34,270 to £52,620

A member of our team can assess your case and offer an idea of how much you may be compensated for the injuries you suffered in the workplace.

Agency Worker Accident Special Damages Claims

If you make an accident at work claim for injuries as an agency worker, you could seek special damages. Special damages cover the financial losses and expenses you incurred due to the workplace injury you suffered. As such, you should provide evidence for both in the form of payslips and receipts, for example. Without these, you may find it difficult to claim back expenses and losses you incurred.

With the relevant proof, you could claim the following in special damages so long as they’re caused by your injuries:

  • Medical expenses: The cost of prescriptions, for example.
  • Care costs: You could claim these costs to recover the expenses of a carer or your family or friends’ gracious care.
  • Travel expenses: The cost of going to and from appointments both to a medical facility and to a solicitor. You could also claim parking fees incurred.
  • Lost earnings: You may have taken unpaid or underpaid leave from work while you recovered.
  • Loss of future earnings: If your injuries are severe, you may find that you have to change your career, are still recovering so are unable to work or need to stop working altogether.

A member of our team is ready to answer questions you have regarding special damages. For free legal advice on claiming compensation as an agency worker, please get in touch today.

No Win No Fee Agency Workers Accident At Work Claims

If you choose to use the services of our solicitors, they would offer you a No Win No Fee agreement.

A No Win No Fee lawyer would assess your case and if they determine you have a formidable claim, they would offer you a Conditional Fee Agreement. This means the following:

  • You do not have to pay an upfront solicitor’s fee.
  • On top of this, you do not have to find the money to pay ongoing solicitor fees either.
  • You only pay the ‘success fee’ when you receive compensation for the injury you suffered as an agency worker.
  • Additionally, if you lose your claim you won’t have to pay the No Win No Fee lawyer their fee.

A friendly adviser can answer any further questions you have about signing a Conditional Fee Agreement for your injury at work claim. Therefore, if you’d like to, please call a member of our team today for citizens advice on making such claims.

Begin An Agency Workers Accident At Work Claim

To receive free legal advice on how to claim compensation for a workplace accident, please get in touch with a member of our team. You can speak to an adviser and be connected with specialist solciitors by calling:

  • 0800 073 8801: All calls are free of charge and lines are open 7 days a week.

Alternatively, you can reach an adviser in the following ways:

Workplace Accident Resources Relating To Agency Workers Accident At Work Claims

If you’d like to learn more about accident at work claims, please see the links below:

Thank you for reading our guide to agency worker accident at work claims. If you’re injured in an accident at work as an agency worker during your usual day to day work, an injury solicitor from our team could help you make an agency worker’s accident at work claim.