After an accident at work, you might like to understand your temporary workers’ rights. Learn about your rights in the workplace with this guide. We explain what a temporary worker is with a breakdown of the basic rights you should expect. Also, we examine the legislation that guides workers’ rights. We also explore what steps workplaces could take to reduce risks.
If you’re a temporary worker and you’ve been injured in an accident at work, you might wonder if you can claim personal injury compensation. We explore how to claim compensation and who you might claim it from. In addition, we look at potential compensation examples. Finally, we break down No Win No Fee arrangements and their benefits.
We hope you find this guide helpful.
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- What Are Temporary Workers’ Rights To Claim For An Accident At Work?
- Temporary Workers’ Rights And Employers’ Duty Of Care
- Can An Agency Worker Claim Compensation For A Workplace Accident?
- Temporary Workers’ Rights After An Accident In The Workplace
- How Much Could You Claim For Accidents At Work
- Learn More About Temporary Workers’ Rights And Workplace Accident Claims
If you are a temporary or agency worker, you should expect certain workplace rights. We will break some of these down for you in the following subsections. In addition, employers owe their workers a duty of care. We explore this in more detail in the following section. If your workplace’s negligence has caused you to suffer injury as a result, you might be entitled to claim compensation.
Expert advisors are standing by 24/7 to discuss your workplace injury.
What Are Temporary Workers?
A temporary worker is someone who is employed under a temporary contract, including agency workers. Basic temporary workers’ rights still apply regardless of your contract. This includes expecting your employer to take reasonably practical steps to reduce workplace risks.
Temporary Workers’ Rights Explained
From your first day of work, if you are a temporary worker you should expect some basic rights. This includes being reasonably safe while at work. For agency workers, after 12 weeks, if you have been in the same organisation and role, you should expect the same rights as an employee in the same position.
Employers owe all workers, including temporary staff, the same duty of care as set out in the Health and Safety at Work etc. Act 1974 (HASAWA). This means that you should expect your employer to take reasonably practical steps to reduce risks in the workplace as part of your temporary workers’ rights.
Your employer could:
- Eliminate the risk. Some workplace risks could be eliminated entirely. This could include ensuring that required equipment checks are carried out regularly. If a piece of equipment is deemed unsafe, it could be taken out of use until it is repaired, for example, thus eliminating the risk.
- Reduce the risk. Not all jobs will be risk-free. A factory worker, for example, could face risks from moving machinery that are unavoidable. However, the employer should ensure that training is provided to make all workers aware of the risks.
If negligence resulted in an injury, contact our advisors.
What Are The Most Common Injuries At Work?
The Health and Safety Executive (HSE) records statistics of workplace injuries. These include 51,211 total non-fatal injuries reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) in 2020/21. We have provided a graph with further details of reported injuries.
Who Could You Claim Against If Injured As A Temporary Employee?
If, as a temporary worker, you experience a work-related injury and decide to file a compensation claim, you are likely to file the claim against the company you are working for and not your agency. Who you claim against, however, is impacted by the circumstances leading up to your injury as well as your contract.
Contact our expert advisors to discuss the circumstances of your workplace injury.
Under the Agency Workers Regulations 2010, you have temporary workers’ rights. You have certain legal rights, even as a temporary or agency worker. A workplace injury due to negligence could result in being out of work for a long period of time, which could mean a reduction in your income, for instance. We explain what costs you could recover further on in this guide.
Temporary workers’ rights you should expect include:
- Free training. A lack of training could lead to an injury. One workplace and another may have very similar equipment, for example, but the components may be in different places. You should expect training, where appropriate, at every workplace.
- Adequate personal protective equipment (PPE), also provided for free.
If you can prove negligence, from the employer or the agency that placed you, caused your injuries, you may be entitled to claim compensation. More information is available from our expert advisors.
If you’ve been injured while at work, you may want to follow an accident at work procedure. You will require evidence of employer negligence and your injuries to claim. The actions you take following a workplace injury could strengthen a compensation claim, should you wish to file one.
After an injury, you could:
- Get medical attention. Medical records could be submitted as evidence. If you are filing for compensation, to get a better idea of your injuries, you might be invited to an independent medical assessment.
- Note witness contact details. If anyone saw what happened, you could make a note of their contact details. They might be able to provide a statement at a later date.
- Fill in the accident log book. Workplaces with ten or more workers should have an accident log book. You could fill this out with your name, the time and date, and any relevant details.
- Get legal advice. A personal injury solicitor could help you understand temporary workers’ rights and ease the process of claiming compensation.
What evidence you could submit to strengthen your claim can be discussed with our expert advisors.
Compensation claims have two potential heads: general damages and special damages. We have provided some examples of what you could claim under each head, along with an explanation of what general and special damages are below.
To compensate for your injury and any psychological injuries suffered as a result, you claim general damages. The Judicial College Guidelines (JCG) is a document that solicitors use to assign potential value to your injuries. Contained within it is a list of injuries alongside their compensation brackets. We’ve provided the table below for illustrative purposes.
|Less severe brain damage||£14,380 to £40,410||Good recovery, however, not all normal functioning may be restored.|
|Moderate psychiatric damage||£5,500 to £17,900||Good prognosis with improvements made on ability to cope with life and relationships.|
|Minor eye injuries||£3,710 to £8,200||Some initial pain and vision interference.|
|Chest injuries (e)||£5,000 to £11,820||Some residual damage from inhaling toxic fumes.|
|Penetrating bowel injuries||£11,820 to £22,970||Some permanent damage but natural functioning and control returns eventually.|
|Severe neck injuries (iii)||£42,680 to £52,540||Fractures, dislocations, severe soft tissue damage or ruptured tendons leading to permanent significant disability.|
|Wrist injuries (a)||£44,690 to £56,180||Loss of wrist functioning.|
|Less serious leg injuries (i)||£16,860 to £26,050||Serious soft tissue injuries or incomplete fracture recovery.|
|Serious toe injuries||£9,010 to £12,900||Great toe injuries or crush and multiple fractures of two toes, involving pain and permanent disability.|
|Jaw fractures (i)||£28,610 to £42,730||Serious multiple fractures with prolonged treatment and permanent consequences.|
If there are costs associated with your injuries, you could claim special damages. To claim under this head, you will need to supply evidence of your costs, such as payslips or receipts.
Examples of special damages include:
- Lost wages. If you suffered a loss of earnings due to the injury or taking time off to recover from it, you could claim the loss back.
- Cosmetics. This could include specialist makeup to conceal scarring, for example, or even plastic surgery if the NHS wasn’t able to cover this.
- Additional medical expenses. Therapy or the renting/purchasing of medical aids, such as a wheelchair, could be included.
Speak to our advisors for an estimate of your damages and what evidence you could provide to claim under the special damages head.
If you wish to file for compensation, you might find the claims process easier with a personal injury lawyer. Hiring a legal representative could prove expensive. However, there is another way.
A No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA), could minimise the financial risks associated with legal representation. You do not pay an upfront solicitor’s fee with a No WIn No Fee arrangement. A legally capped success fee is taken from the awards of successful claims.
To learn more about your temporary workers’ rights, contact our advisors. They can provide you with free legal advice for your potential claim. If your claim seems eligible, you could be passed onto our panel of personal injury lawyers.
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Our Guides To Workplace Accident Claims
To help you learn about your temporary workers’ rights, we’ve provided the following links:
- Health and Safety Executive and Trades Union Congress Workers Health and Safety Guide
- Government Guide to Agency Worker Rights
- Citizens Advice Guide to Agency Workers
You might also find the following guides useful:
- Work Accident Claim Time Limit
- What Are No Win No Fee Personal Injury Claims?
- Stress at Work Compensation Claims
- How To Make An Accident At Work Claim
Guide by DSB
Edited by RV