Agency Worker Accident At Work Claims
By Cat Way. Last Updated 21st June 2023. Welcome to our guide on agency worker accident at work claims. When you go to work full-time, whether as a cleaner, an office worker or someone who works on a construction site, you expect to return home after your working day without incident. You would also expect your employer to provide you with the tools necessary to do your job and a safe place to perform the tasks you need to. However, whether down to dangerous practices or negligence, this is not always the case.
It is often misunderstood that agency workers are denied the right to seek agency worker compensation for accidents while at work, but this is not the case. Whether the agency has failed to train you properly for your role or the place of work is not risk assessed or the work environment isn’t safe for you to operate in, if you suffer an injury at work due to the fault of another, you should be able to claim agency worker personal injury compensation.
Select a Section
- Who Are and Who Are Not Agency Workers?
- Agency Worker Employment Rights
- What Agency Workers Should Do After an Accident
- What Type of Workplace Accident Compensation Could I Claim?
- Compensation Payouts In An Agency Worker Accident At Work Claim
- No Win No Fee Compensation Claims
You may be confused as to whether you count as an agency worker or not, especially if you have not been working for some time, either as a recent school leaver or someone returning to the world of work. Here, we explain the difference between being an agency worker or not. And this will then determine whether or not you can file any agency worker accident at work claims. In this guide, we will also explain how to claim.
Who is an Agency Worker?
To be classed as one of the many agency workers out there, you must be under an agency contract that will send you to work temporarily with an employer. You’ll not be classed as self-employed. Whilst you are at work, your employer will control your work, and you might be referred to as a temp.
Who is not an Agency Worker?
If you find a job yourself or are found one by a recruitment agency, you will not be classed as agency workers. Similarly, if you are loaned from one company to another, this will not be classed as agency work. If you are self-employed but find work through a temp agency, this still does not class you as an agency worker. Nor are you agency workers should you work under service contracts managed by an agency.
This is because the agency offers a service to their client or clients, and the agency staff tell you what you will be required to do daily, not the client. If a company employs you as part of a temp staffing bank that is in house, and you work solely for that company, you are not an agency worker. Read on for more information about how this could influence any agency worker accident at work claims.
There are a variety of rights that agency workers have when working in this manner. Some of these may be things you would expect to have rights over, such as not being discriminated against due to your race, religion, age, gender, pregnancy, sexual orientation, disability and the like, whilst others may come as somewhat of a surprise.
When it comes to pay, you will have the right to be remunerated at the national minimum wage at the very least. Unlawful deductions cannot be taken out of your wages. If you meet the qualifying requirements, you should also expect to receive SSP (Statutory Sick Pay), Statutory Adoption, Maternity or Paternity Pay – whichever applies to your situation. You should be able to request unpaid parental leave if conditions are met, and similarly, you should be able to request flexible working on a return from parental leave.
When it comes to the hours you work, you should not suffer discrimination for working part-time, and in addition, you should receive holiday pay. There should also be a restriction on how many hours you are expected to work per week. However, there are some exceptions to this, which our advisors will give you more information on.
If you were to have a grievance at work, you should feel confident to speak out and not worry about a dismissal or unusual treatment due to whistleblowing. This is the process of informing the relevant people that something illegal or against your rights is happening at work. At any disciplinary hearing, you should be able to have someone accompany you, and also, you should be able to seek the decision of an employment tribunal in certain cases. Most importantly, you have the right to work in a workplace that is safe.
If there’s a breach of any of these legal rights, especially the last, and you suffer an injury, then you may be able to claim agency worker compensation.
If you’re in an accident that was not your fault, it is important to take the necessary steps to gather evidence and build a strong case for agency worker compensation. And this is a requirement regardless of the different types of injury that you could suffer. So, this includes the following:
- Record the injury or accident in your employer’s accident report book – The first thing you need to do is tell your employer about the accident that happened. This is important because they need to record all injuries and accidents that happen at their workplace. This also serves as an official record of what happened.
- Take the contact information for any witnesses – If anyone witnessed the accident, you should get their full name, address, and contact number. This is because witness statements can really help to strengthen your case.
- Take photographs of the incident and the resulting injuries – If your injuries are visible or there is any damage to the scene, take photos to prove what happened. Of course, your injuries will not be visible in some cases, so this piece of evidence will not apply to your claim.
- Seek the necessary medical advice and treatment – Of course, it is important to see a doctor for health reasons. Nonetheless, it is also vital for your agency worker compensation case. This is because the medical report your health professional provides is the most crucial piece of evidence in any claim, which could determine how much money you receive.
Read on to find out what kinds of damages are possible for agency worker accident at work claims.
When making your workers compensation and temp agency injury case, you can claim agency worker compensation with calculations of the following:
- Claims for temporary and permanent damage – You can claim any temporary or permanent damage you have experienced because of the accident.
- Financial losses and expenses – You can claim for any out-of-pocket expenses you have been subject to as a direct consequence of your injuries, for example, counselling expenses, loss of income, and travel costs.
- Pain and suffering caused by your accident – This includes physical, psychological or emotional injuries.
If you’re injured in an accident whilst working for an agency, you have the same rights as any other employee to make a claim for compensation if the accident was caused by negligence.
Factors such as the severity of your injuries are considered by legal professionals when they are working out how much you should be awarded. The portion of your settlement that relates to the pain and suffering you experience due to your injuries is called a general damages payment.
When an appropriate amount is being calculated, those responsible for doing so will often turn to a publication called the Judicial College Guidelines (JCG). The table below includes some figures taken from the 2022 edition.
|Reason for claiming||Average payout amount||Notes|
|Toe injury – Severe – Mild||Up to £56,080||Injuries up to amputation of several toes or the big toe.|
|Foot injury – Extremely serious||Up to £201,490||This agency worker compensation is typically awarded when the person has experienced an amputation to one foot or both feet. How the injury impacts the person’s life will be taken into consideration when determining the payout.|
|Leg injury - Mild||Up to £27,760||This payment bracket is for soft tissue damage, leg brakes, and fractures, which can cause a great amount of discomfort and pain.|
|Leg injury – Serious – Moderate||£137,470||This payout is for injuries that have caused restriction in movement and disability, which could impact the person for life.|
|Leg injury – Extremely serious||£240,790 to £282,010||This amount of compensation will be awarded to someone that has had one or both legs amputated. Whether the leg has been amputated below or above the knee will be taken into consideration when determining payout amount.|
|Mental anguish||£4,670||Fear of death and expectation of end of life.|
|Wrist injury – Severe - mild||£3,530 to £59,860||The lower payout bracket is for those that will make a full recovery quickly. The higher payout is for injuries that have resulted in no wrist function.|
|Hand injury – Mild injury||Up to £29,000||This payout is for hand injuries such as cuts, soft tissue damage, and fractures.|
|Hand injury – Serious – Moderate||Up to £61,910||This is for cases whereby the claimant is not able to use their hand properly and/or disfigurement of fingers.|
|Hand injury – Extremely serious||Up to £201,490||This payout bracket covers cases whereby the claimant has had one or both hands amputated, as well as cases whereby the hand has become completely useless.|
You claim may also include another payment known as special damages. If eligible, you could be reimbursed for certain costs that you have incurred due to your injuries. Loss of injuries and medical expenses are examples of what could be included in special damages. Receipts, invoices and payslips could all be used as evidence to prove your losses.
If you’ve been injured in an agency worker accident due to negligence, get in touch with us to have your own claim evaluated. You can also head over to our online compensation calculator at any time.
If you suffered an accident at work as an agency worker, you may be eligible to make a personal injury claim. One of our solicitors may be able to help you make your claim on a No Win No Fee basis with a Conditional Fee Agreement (CFA).
Under a CFA, you can access the services of an expert solicitor without being asked to pay them any upfront or ongoing fees to work on your claim. Likewise, you aren’t expected to pay a fee for their work if your claim fails.
However, if your accident at work compensation claim succeeds, then your solicitor will take a success fee from your settlement. This is taken as a small percentage with a legislative cap, allowing you to keep the majority of what you receive.
If you’d like to learn more about working with one of our expert solicitors, contact our friendly advisors today. They can offer a free consultation and can answer any questions you might have about the accident at work claims process. If your claim is valid, then they may connect you with one of our solicitors. To get in touch:
- No Win No Fee Claim Advice: Please find out more about our No Win No Fee approach by checking out this guide. You will find information on what you can claim for, who can claim compensation, and much more.
- Government’s guide to Agency Workers: All temporary and agency workers should have a workplace whereby risks to their health and safety are under control. This page reveals everything you need to know.
- Health and Safety for Agency Workers: This link takes you to the UK government website on health and safety for agency and temporary workers. You will find information on definitions, accident reporting, PPE, and users and suppliers.
Below, you can find lots of guides on claiming compensation for a workplace accident:
- Learn more about accident at work claims and how one of our solicitors could help you
- Find out how to claim for a minor injury at work with the help of our compensation claims guide
- Read about our top 10 things to know about accident at work claims and get more information on the accident at work compensation claims process
Thank you for reading our guide on agency worker accident at work claims.