Last Updated On 12th December 2025. Are you wondering, ‘Can I claim compensation if I am an agency worker?’ In short, you can pursue compensation if a third party’s negligent actions caused you, as an agency worker, to be injured at work. Whether you suffered a minor injury or life-changing harm, you can claim compensation for the physical, psychological, and financial impacts with one of the dedicated solicitors here at Legal Expert.
Our solicitors have extensive experience advocating for clients in agency worker claims nationwide, helping them seek compensation for all the harm caused. If you’re looking for legal representation that prioritises your health and welfare, Legal Expert is here for you. Read on for answers to the frequently asked question of ‘Can I claim compensation if I am an agency worker?’
What You Need To Know
- Do Agency Workers Have Protection Under Health And Safety Laws? Yes, employers have a legal obligation to protect the health, safety, and well-being of agency workers, just as they do for permanent staff.
- Who Is Liable If An Agency Worker Has An Accident? The agency or the employer you are contracted to may each be liable, depending on who controlled the work and whether the parties share responsibility for an injury.
- What Should I Do After Being Injured As An Agency Worker? Immediately seek medical attention, make sure that the accident has been reported, and begin gathering evidence to support your case.
- What Evidence Will I Need To Claim For Agency Worker Compensation? You may need a copy of the accident book report, medical records, and CCTV footage to show how the agency or employer was liable for your injury at work.
- Can Compensation In Agency Worker Claims Cover Financial Losses? Yes, your compensation can cover lost earnings, medical expenses, physiotherapy costs, and other financial losses arising from your injury.
Contact our advisors for a free case consultation and take your first steps towards claiming today.
4.8 (466 reviews) What Are My Employment Rights As An Agency Worker?
Under UK law, employment rights come into effect the moment you begin working for an employer. Agency workers, along with temporary employees and contractors, must be treated by employers and their colleagues in the same way as permanent staff.
Agency workers, part-time staff and contract workers who use the same facilities as permanent employees have the same workers’ employment rights, which include having to use the same car park, canteen facilities, pick up and drop off services and/or any other communal facilities and services an employer provides, and this includes a workplace crèche.
Your agency worker’s rights after 12 weeks of employment for the same employer, where your duties are the same as those of permanent staff, allow you to qualify for the right to be paid the same salary as that of a permanent employee. You would also be entitled to the same annual leave, and you would automatically be enrolled on the company’s pension scheme.
It is also worth noting that an agency is obliged under the law to draw up a contract of employment that clearly stipulates whether you are under a contract for the services you provide or whether the contract is one of employment. It must include details of your agency worker’s notice period, amongst other things.
Our team of advisers can help explain the agency workers’ injury compensation claims process. We would assess your case and advise you on whether you have a strong claim.
Can I Make A Claim For An Accident At Work?
If you are working through an agency and injure yourself, you may wonder if you are eligible to claim personal injury compensation.
According to the Health and Safety Executive (HSE), an agency worker refers to an individual who is supplied by an employment agency to work for another employer. Once the employment agency has introduced the worker to an employer, the relationship between the worker and agency ends, and the employer has a responsibility for worker’s health and safety in the same way they do for any employee. If this duty is not upheld, it could lead to a workplace accident in which you’re injured.
In order to be eligible to make a claim for an accident at work, you must be able to prove that:
- You were owed a duty of care.
- This duty was breached.
- You suffered an injury at work as a result.
The duty of care that employers owe is found in the Health and Safety at Work etc. Act 1974 (HASAWA). This means that your employer must take all reasonably practicable steps to ensure your health, safety and welfare at work.
If you have evidence that this duty was breached, and you became injured as a result, call our team on the number above.
Do Employers Have A Duty Of Care To Agency Staff?
Employers have a duty of care to all people in their employment which includes agency staff. The HASAWA clearly lays out that all employers have a duty of care to ensure that employees, staff and workers, whether temporary, permanent, contracted or agency, are kept safe whilst in their employment.
Under HASAWA, all employers have a responsibility towards their staff, and this covers all aspects of an employee’s rights. As such, they have a duty of care to ensure the following:
- To ensure that all employees work in a safe environment
- To provide relevant training to all employees
- To provide the correct protective clothing and equipment to suit the job
- To ensure that all machinery, equipment and tools are correctly maintained and are in good working order to minimise the risk of potential injury
- To ensure that the workplace complies to all current health and safety standards as set out by law
- To ensure that all staff/employees are made aware of potential hazards and dangers in the workplace and how they can minimise the risk of injuries occurring
- To provide PPE for temporary workers as well as permanent staff
When an employer fails to comply with any of the above and you are injured through their negligence, you could be entitled to file an agency worker injury compensation claim for any damages you sustained through no fault of your own.
Agency workers also ask us, “Can agencies charge for PPE”? The answer is no, whether it is returnable or not. However, if an agency worker’s employment is terminated and the PPE is not returned, providing their contract of employment clearly stipulates its return, an employer could deduct the cost of replacing the PPE from an agency worker’s pay.
Who Is Liable If Injured When Working Through An Agency?
When filing an agency worker injury claim, there are several things that factor into who would be held responsible for your accident. However, when working through an agency, the person in charge of the business, company or facility would give you all the instructions relating to the job you are contracted to carry out.
As an agency worker, you would be seen as an “employee” of the company you are contracted out to. Therefore, if you are injured in the workplace, the company that hired you through the agency would be held responsible for the incident because they are the owners or managers of the business. This means that when you are employed as an agency worker in an office or other workplace, and you suffer an injury through no fault of your own, you could be entitled to file for temp agency workers’ compensation.
When an agency controls how the work you are contracted to do is carried out, the agency could be liable for your injuries. The agency is responsible for ensuring that their workers are equipped with the correct tools for the job, provided with appropriate protective clothing, and given the proper training to carry out the work. In short, if your injury occurs while you work under the direct instructions of an agency, the agency would be liable to pay compensation for the agency worker injury you sustained.
Our team of legal experts can provide the right guidance as to who would be liable for your injuries and will walk you through the process of filing a No Win Fee compensation claim.
What Steps Should You Take After Suffering An Accident Or Injury?
If you suffered an agency worker injury, there are specific steps you must take at the scene of the incident as quickly as possible. These are as follows:
- Take down witness details: These details may be required when filing for compensation for an agency worker injury
- Take photos of the incident and where it occurred: Having photos of the accident and the injuries you sustained strengthens an agency worker injury compensation claim
- Make sure the accident is reported: It is essential that the accident be reported to an employer or person in charge who must record the incident in the company’s accident report book
- Seek medical attention as soon as possible: It is also important that you seek medical attention as soon as possible. An agency worker injury solicitor may appoint a medical professional to carry out the examination who would file an official report on your injuries, all of which strengthens a compensation claim and would have a direct impact on the settlement you are awarded having suffered an agency worker injury
Working With An Agency – How Long Do I Have To Claim If Injured?
You may be wondering, ‘Can I claim compensation at any time after my accident?’ You must start the legal process within the personal injury claims time limit. This is set as typically three years by the Limitation Act 1980. The time limit starts the day you suffered your workplace injury.
However, there are exceptions that suspend this time limit. These include:
- Children under the age of 18. The time limit is suspended until their 18th. Once the time limit starts, it is set at three years.
- Adults who lack the mental capacity to start their own claim. However, should they regain their capacity, they will have three years from that date to start a personal injury claim.
In either of these cases, a litigation friend can be appointed to start a claim on behalf of the injured party at any point during the suspension. However, if a claim is started by a litigation friend, the injured party cannot start one once the time limit ceases suspension.
If you suffered injuries while working with an agency, call our advisors for a free claim evaluation. We can help you get started right away if your claim seems valid.
Compensation Payouts If Injured When Working Through An Agency
The amount awarded would depend on several factors which includes the following:
- The severity of your injury
- Whether you need to undergo further treatments
- The pain and suffering you experienced
- Special damages
When it comes to special damages, these refer to any further costs you might have incurred which includes the following:
- Medical fees
- Travel expenses
- Loss of earnings
It is also worth noting that you could also claim compensation should the injury you sustained while working as an agency worker negatively impact a pre-existing health condition. Below we have provided a table with figures taken from the Judicial College Guidelines (JCG) to provide an estimate of how much compensation you could receive. Please note, however, that the top entry has not been taken from the JCG and all figures are guidelines only.
| Injuries and other reasons for compensation | Guideline Compensation |
|---|---|
| Multiple injuries with financial losses such as lost income, medical costs and care expenses | Up to £1,000,000+ |
| Tetraplegia (also known as Quadriplegia) | £396,140 to £493,000 |
| Paraplegia | £267,340 to £346,890 |
| Brain Damage - Very Severe | £344,150 to £493,000 |
| Brain Damage - Moderately Severe | £267,340 to £344,150 |
| Back Injury - Severe (i) | £111,150 to £196,450 |
| Neck Injury - Severe (i) | In the region of £181,020 |
We would assess who is responsible for your accident and answer any questions you may have which includes “do temp agencies pay workers comp”? We would establish that an agency has staffing agency workers comp insurance. We would establish if a business owner could be held liable to pay the compensation you rightly deserve having filed a claim against them.
4.8 (466 reviews) How Long Will It Take To Claim Compensation As An Agency Worker Injured At Work?
When making a claim as an agency worker injured at work, the amount of time it takes to settle may relate to the complexity of your case. There is no set time frame for workplace accident claims. This is because each claim for compensation requires an individual assessment of its circumstances.
Most claims of this nature settle outside of court. Both parties involved will be required to follow the Pre-Action Protocol. This means that they need to make efforts to reach an agreement without the intervention of the court. The court schedule can be extremely busy, so it generally saves time for everyone if a case is settled between the 2 parties.
Other factors that may affect how long it takes to settle and whether the court will be required to make a judgment include:
- Whether an agreement can be reached as to who is liable for the accident
- The complexity and severity of your injuries (it can be difficult to assess the physical impact you will experience if you have not fully recovered)
- Whether there is adequate evidence
Get in touch with our expert team of advisors today to ask ‘Can I claim injury compensation as an agency worker?’. They can explain what factors may impact your potential payout and how long it may take to settle.
Can I Claim On A No Win No Fee Basis?
No Win No Fee means you do not pay your solicitor any money in service fees upfront, during the claims process, or if you lose. A Conditional Fee Agreement or CFA is drawn up detailing the percentage you would have to pay your solicitor from the compensation if your claim is successful. CFAs ensure that the percentage is subject to a legally binding cap.
Talk To Us Today
To find out more about our No Win No Fee structure and to obtain the fastest response to a personal injury query, you can either:
- Use our live webchat feature.
- Contact us online.
- Call 0800 073 8804.
Useful Links
- Government guidance about your agency workers’ rights.
Thank you for reading our guide on the question, ‘Can I claim compensation if I am an agency worker?’
