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How To Claim If You’re An Agency Worker And Get Injured At Work

By Cat Way. Last Updated 1st March 2023. The employment status of some workers can create questions, especially in the event of a workplace accident. It applies, in particular to agency staff. So in this guide, we explain your rights if you’re an agency worker and get injured at work.

We also explain how our specialist No Win No Fee solicitors can help you navigate the accident at work claims process to get you the compensation you deserve.

If you’d like to speak with us now to make a claim, all you need to do is give us a quick call on our free helpline. We’re open 24 hours a day and you can reach us now by:

  • Calling us on 0800 073 8804
  • You can also use the contact form on our website
  • Or write to us using the Live chat window now on your screen
agency worker injured at work

What To Do If You’re An Agency Worker And Get Injured At Work

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What Is An Agency Worker?

An agency worker is an individual that works temporally for an employer and has a contract with an agency. You are an agency worker if the following applies to you:

  • You’re not self-employed.
  • You have a contract with an agency.
  • The agency temporally supplies you to an employer.
  • When working, the employer controls your job.

To find out if you have grounds to make an agency workers accident at work claim, please read on or call our team with any questions you have.

What Rights Do I Have As An Agency Worker – Can I Make An Accident Claim?

I had an accident at work, what are my rights? You may be wondering about an agency worker rights to permanent employment. As an agency worker, you have a worker’s employment rights from the day you begin work, whether you’re full time or part-time. This means that you have the same rights in terms of equal treatment as your permanent co-workers. Once you have been on the job for 12 weeks, you will then qualify for the same rights as someone employed directly. This means annual paid leave, automatic pension enrolment, and equal pay.

If you’re wondering whether you could make an agency workers accident at work claim, the next section explains the duty of care that your employer must legally uphold. If they fail to, you could be able to make a claim.

Is Employer’s Duty Of Care Applicable To Agency Workers

A lot of agency workers are unsure as to whether their employer has a duty of care towards them. In short, they do. As per law (the Health and Safety at Work etc. Act 1974), they must do the following:

  • Make sure that all workers are aware of the inherent workplace hazards, as well as steps that can be taken to lower risks
  • Ensure that the working environment is in compliance with all health and safety standards
  • Make sure that the equipment is maintained properly and in the correct working condition
  • Provide protective clothing and equipment when required
  • Give staff relevant and extensive training
  • Provide all workers with a working environment that is safe

If you believe your employer breached any conditions of the safety at work act mentioned above, you could have grounds to claim/

Who has a duty of care to me as an agency worker?

If you’re an agency worker in an office, factory or other workplace and you’re injured in an accident at work, you could be entitled to make an agency workers accident at work claim against your employer instead of the agency that you’re contracted by. 

Who Will Be Liable For My Agency Workers Accident Claim?

If you’ve had an agency workers accident at work and you’re wondering who is liable, this section could help.

Liability depends on a number of different factors. Although you do not work directly for the company, they are responsible for ensuring that you are safe while working on the job. Therefore, if you have been injured and the company that has hired you is to blame, as the reason you were injured is to do with the work processes or the workplace itself, then you will be making a claim against the company you are working for.

Nevertheless, there are some instances whereby the agency is to blame because they had control over the way the work was performed. For example, if the agency is responsible for providing the necessary personal protective equipment (PPE)  for temporary workers and they have failed to do so, then it could be that you are going to make your claim against the agency.

If you’re an agency worker who had an accident at work, proving that employer negligence contributed to the injury could be vital. The employer needs to ensure that your work environment, facilities and equipment are safe as reasonably possible to be used without causing injury. This is the same regardless of whether you’re a full-time employee or a temp worker.

For more details about what steps agency workers claiming compensation should take, then you will find the next section useful.

Agency Worker Injury At Work – Evidence For Claiming

If you are working for an agency and suffer an accident at work, you may be wondering how you could strengthen your claim. Collecting evidence is an important part of the claims process, as this can help prove the extent of your injuries, any financial losses connected to them, and who is liable.

Some examples of evidence that you could collect to support your claim if you were injured due to negligence when working with an agency include:

  • CCTV footage
  • Photographs of your injuries
  • Medical records
  • Photographs of the accident site
  • Witness contact details

One of the benefits of working with a solicitor to make a claim is that they can help you collect this evidence. To learn more about how our solicitors could help you claim as an agency worker after an injury at work, contact our team today.

Common Types Of Accidents At Work For Agency Workers

Agency workers can suffer accidents at work in exactly the same way that normal workers can. There are so many different types of injuries that agency workers can suffer from. Here are a handful of examples:

  • Injuries due to a slip, trip or fall
  • Industrial diseases
  • Injuries that have happened because of poor machine maintenance
  • Heavy lifting injuries
  • Fall from a height
  • Injuries caused due to falling objects

Looking at the graph below provided by HSE, we can see that the most common cause of injury to workers in Great Britain was slips, trip and falls. All of the injuries below could just as easily affect agency workers as permanent employees in the workplace.

temporary worker rights statistics graph

temporary worker rights statistics graph

When it comes to making a claim, the exact nature of your injury will not determine whether you can launch a case. It all comes down to how the work accident happened and who is to blame. If you suffer an injury and are not to blame, and you can show that your employer is at fault, you could have a strong basis for a successful agency workers accident at work claim. You can learn more about temporary worker rights by contacting us using the details above.

Common Agency Workers Injuries

Workers injuries can vary significantly. The following is a mere handful of examples…

There’s usually a 3-year time limit on making a personal injury claim. However, this doesn’t apply if the ill-effects weren’t immediately apparent to you, like with repetitive strain injury or musculoskeletal disorders. In these cases, the 3 years runs from the date of knowledge that your injuries were caused by work.

Exceptions also apply to those under 18 or without the mental capacity to make a claim themselves. In these cases, a litigation friend can be appointed to make the claim on their behalf.

What Can I Claim For In Agency Workers Accident Claims?

If you are going to make a claim because you were injured while doing agency work, there are a number of different damages you will be able to make a claim for. These are as follows:

  • General damages – This is the type of compensation that you are awarded to cover your pain and suffering. The payout is calculated based on the medical report that has been put together by your doctor, which outlines the extent of your injuries, your treatment, and your prognosis.
  • Special damages, which could cover:
  • Care claim – Have you required someone to look after you around the house while you recover? If so, the person that has cared for you can make a claim. This is the case even if he or she is a friend or family member.
  • Travel costs – You will be able to claim for the cost of going to and from hospital, as well as the cost of any adaptations to your vehicle.
  • Related outof-pocket expenses – You can essentially claim for any out of pocket expense that has happened as a direct consequence of the accident you have been involved in. Examples include counselling expenses, childcare costs, and medication expenses. Make sure you keep proof of all of these costs.
  • Loss of earnings – Have you lost out on income while you recover from your injuries? If so, you may also be able to claim for this. While some companies do provide sick pay for agency workers, others do not. You will need to ask am I entitled to full pay if injured at work? If not, don’t worry, as you can claim.

For guidance on how much could be included in an agency workers accident at work claim, then please read on to our next section.

Compensation For An Accident At Work – Calculating Compensation If You’re Working With An Agency

If you’ve been injured at work due to the negligence of another, you could potentially claim compensation for an accident at work even if you were working with an agency. Employers have a responsibility towards all employees and members of the public on work premises to take reasonable steps to provide a safe environment. This means that, if you were working self-employed through an agency, you still have the right to claim compensation if your injury was caused by employer negligence.

Your compensation for an accident at work will depend on how severe your injury is and its impact on you. Your claim could comprise general damages and special damages compensating for both physical sufferings and financial losses, respectively.

Legal professionals also consider compensation brackets from the Judicial College Guidelines (JCG) to determine the value of claims. The table below contains compensation amounts from the 2022 editions of the JCG. Your payout amount may not match the amounts in the table since they are only a guide.

Edit
Injury Details Amount
Amputation of arm: (b) One Arm (i) At shoulder amputation Not less than £137,160
Injury to arm: (a) Severe This is for cases when there is major restriction and disability in one or both arms and causes great pain and suffering. £96,160 to £130,930
Injury to Knee: Serious (i) Extremely serious injury. Disability due to injury to the knee. The person may also experience muscle wastage, soft tissue damage, and muscle damage. £69,730 to £96,210
Injury to Knee: Moderate (i) Serious – moderate injury. There are numerous injuries that fall into this category, including cartilage damage, muscle damage, and alike. £14,840 to £26,190
Injury to neck: Severe (iii) Severe fractures to the neck fall into this category, £45,470 to
£55,990
Injury to neck: Moderate (i) Chronic pain and impaired function from disloactions £24,990 to
£38,490
Injury to head: (d) Less Severe Head injury affecting function and person’s mood £15,320 to £43,060
Injury to head: (e) Minor Minor head injuries with lasting effects, yet no brain damage. £2,210 to £12,770
Injury to shoulder: Moderate The person will have tissue damage in the neck, and this could last for quite a while, causing a restriction of movement. £7,890 to £12,770
Injury to shoulder: Serious Movement is restricted, numbness to the limbs, or paralysis due to injury in the neck and shoulder. £12,770 to £19,200

Special damages is the term used for the compensation sought for the financial effects of an injury. This could include the examples listed above, however this is not exhaustive. If you have experienced further financial losses related to your injury, talk to an advisor about if you could claim for them.

Please reach out to an adviser for any questions you might have about making a claim after an agency worker accident.

No Win No Fee Agency Workers Accident Claims

There are many different factors that you need to consider when you are looking for a solicitor to handle your agency workers accident at work claim. This includes their years of experience, their track record, and how easy they are to communicate with. In addition to this, you will also need to consider the payment structure that the solicitor works towards. What fees do they charge? How is the payment calculated?

It is always recommended to go for a No Win, No Fee solicitor. What does this mean? This means that the solicitor will take a percentage of your payout as payment for their services. This ensures that you do not need to pay anything upfront. It also means that you are only going to pay if the service is a success. If compensation is not secured, you are not going to need to pay anything.

There are many benefits of the No Win, No Fee approach when you take this into account. Firstly, it means anyone can claim, no matter their financial situation or how much money they have in the bank. Secondly, it means that you are never going to be out of pocket by claiming compensation. Thirdly, it ensures the solicitor is accountable for the service they provide, and so you know that they are going to be doing everything in their power to win the case. And finally, it means no wasting time.

If a solicitor knows your case is not very strong, they are not going to waste your time. The same cannot be said if you went for a solicitor that charged traditionally, i.e. per hour, as there is always the great risk that they will take on your case even if they know it is weak because they want to take your money.

To find out why Legal Expert is the best choice for agency workers accident at work claims, continue reading below.

Why Legal Expert For Agency Workers Accident Claims?

There are many different legal firms based in the UK, so why should you choose our service? There are a number of reasons why we are the best choice for you. This includes the following. We:

  • Have many years of experience in the industry – We have been helping personal injury victims to get the compensation they deserve for many years now. We can provide you with specialist solicitors that have up to 30 years of experience.
  • Are dedicated to securing the maximum compensation amount – Unlike other solicitors who are happy to settle, we are only satisfied when we secure the maximum amount of compensation for our clients.
  • Have a great track record – Our track record in the industry speaks for itself.
  • Only launch 100% No Win, No Fee claims – The benefits of this type of claim were explained above.
  • Care – We genuinely care about our clients. We know that you have gone through a horrific time and the last thing we want to do is make it worse for you. We want you to focus on yourself and getting better, and we will concentrate on securing compensation for you.
  • It is easy to get in touch with us – There are many different ways you can get in touch with Legal Expert. You will never struggle to get in contact if you have any queries or you want an update about your case.

Call Legal Expert For Agency Workers Accident Claims Advice Or To Begin A Case

If you are an agency worker and you have been injured while at work, Legal Expert can handle your agency workers accident at work claim. With our experience and track record in the industry, we can guarantee you won’t be disappointed. When you call us, you will benefit from free legal advice, and you are under no obligation to continue with our service. We will happily answer all your questions, no matter whether you want to know temporary workers rights after 12 months, agency workers rights after 4 years, or anything else about the claims process.

If you do wish to launch a claim, though, we will do all in our power to secure the maximum amount of compensation possible. So, just how do you get in touch? There are a number of ways you can contact us. This includes requesting a free call back via our website, as well as using the online contact form. If you would prefer, you can send an email to info@legalexpert.co.uk, and a lot of people opt to use the online chat feature on our website too. The most popular way to get in touch is to call our personal injury claims advice line on 0800 073 8804. This line is open from 9 am until 9 pm, seven days a week, and our advisors are ready and waiting to assist you in any manner they can.

Helpful links

Agency rights

Your rights as an agency worker can be found here.

Agency Working Explained

ACAS provides a lot of information on agency workers. Find out more here.

Below, you can find lots of guides on claiming compensation for a workplace accident:

If you have any more questions on claiming compensation if you’re an agency worker and get injured at work, get in touch.

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