Agency worker accident at work claims – Can I Claim Compensation?
By Fern Mitchell. Last Updated 15th February 2021. Welcome to our guide on agency worker accident at work claims. When you go to work, 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 in which to perform the tasks you need to. However, whether down to dangerous practices or negligence, this is not always the case. It is an often misunderstood fact that agency workers are denied the right to seek agency worker compensation for accidents that happen while they are 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 made safe for you to work in, if you suffer an injury at work due to the fault of another, you should be able to make a claim for agency worker personal injury compensation.
To find out more about agency worker accident at work claims, you can read on or give us a call on 0800 073 8804.
Select a Section
- Who Are and Who Are Not Agency Workers?
- Agency Worker Employment Rights
- A Guide to Making Agency Worker Personal Injury Claims
- What Agency Workers Should Do After an Accident
- What Type of Workplace Accident Compensation Could I Claim?
- The Next Steps – How to Make an Agency Worker Claim
- How Much Agency Worker Compensation Can I get?
- No Win No Fee Compensation Claims
- How Legal Expert Can Help You with Your Workers Compensation and Temp Agency Claim
- Call Us for Free Advice
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.
Who is an Agency Worker?
To be classed as one of the many agency workers out there, you must be under an agency contract, who will send you to work on a temporary basis 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 you are found one by a recruitment agency, then you will not be classed as one of the 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 you are employed by a company as part of a temp staffing bank that is in house, and you work solely for that company, then you are not an agency worker.
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, and 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. There are some exceptions to this, however, which our advisors will be able to give you more information on.
If you were to have a grievance at work, you should be able to feel confident to speak out, and not be dismissed or treated differently for what is known as 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 any of these legal rights have been breached, especially the last, and you have been injured, then you may be able to make a claim for agency worker compensation.
All employers have a duty of care to provide a safe workplace for all of their employees. This includes providing the necessary training and personal protective equipment (PPE). As an agency worker, you have the same rights with regards to health and safety. If you have been injured in an incident and you feel your employer is to blame, you will be able to make a claim for agency worker compensation. In this guide, we reveal everything you need to know about agency worker accident at work claims including details on how to make a claim, how much agency worker compensation you may receive, and our No Win No Fee approach.
If you have been involved 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. 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 for proof of what happened. Of course, in some cases, your injuries will not be visible, and so this piece of evidence will not be applicable 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 will be used to determine how much money you receive.
Read on to find out what kinds of damages can be included in agency worker accident at work claims.
When making your workers compensation and temp agency injury case, you can claim agency worker compensation for the following:
- Claims for temporary and permanent damage – You can make a claim for 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.
The first thing you always need to do before looking at agency worker compensation is to seek medical advice. Even if your injuries seem minor, it is important to see a doctor. After all, not only could symptoms arise later down the line, but also your medical report is the most crucial piece of evidence. Make sure you keep a copy of your medical report. Once you have done this, you need to record the injury in the accident book at your place of temporary employment. You should either speak to your employer or the person that is in charge of health and safety to record this.
Once you are ready to make an agency worker compensation claim, all you need to do is give us a call, and we will handle the process for you. We will be there for you every step of the way during your agency worker compensation claim, ensuring you have nothing to fret about. You will be pleased to know that we work on a No Win No Fee basis on agency worker compensation cases, and we can arrange a local medical for you if required.
If you have been injured in any type of accident while working somewhere on a temporary basis, you will want to know how much agency worker compensation you could get. It is important to note that we cannot give you a definitive answer regarding how much agency worker compensation you will receive. This is because every claim is different, and there are many different variables that are considered. No solicitor should promise you ‘x’ amount, as no amount of money can be guaranteed. What we can do, however, is give you an understanding of the average payouts for common injuries that are sustained by agency workers. If you cannot find the injury that relates to your agency worker compensation claim in the table below, please do not hesitate to get in touch.
|Reason for claiming||Average payout amount||Notes|
|Toe injury – Severe – Mild||£5,250 - £52,620||Injuries up to amputation of several toes or the big toe.|
|Foot injury – Mild injury||£6,580 - £12,900||This payout bracket is for injuries whereby the claimant will recover.|
|Foot injury – Serious – Moderate||£12,900 - £65,710||This payout is for cases involving a severe injury to both feet or one foot, which causes fractures, restriction or disability.|
|Foot injury – Extremely serious||£78,800 - £189,110||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||£2,300 - £26,050||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||£26,050 - £127,530||This payout is for injuries that have caused restriction in movement and disability, which could impact the person for life.|
|Leg injury – Extremely serious||£91,950 - £264,650||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.|
|Loss of anticipated earnings||£10,000 - £400,000||If you're going to be off from work for the foreseeable future because of your injuries, you will be able to claim for the loss of anticipated earnings. This will be calculated using your current pay level, as well as your future earnings potential. In some instances, you may get more than the maximum figure stated.|
|Mental anguish||£4,380||Fear of death and expectation of end of life.|
|Wrist injury – Severe - mild||£3,310 - £56,180||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 £4,461 - £27,220||This payout is for hand injuries such as cuts, soft tissue damage, and fractures.|
|Hand injury – Serious – Moderate||£34,480 - £58,100||This is for cases whereby the claimant is not able to use their hand properly and/or disfigurement of fingers.|
|Hand injury – Extremely serious||£58,100 - £189,110||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.|
|Eye injury – Mild injury||£2,070 - £8,200||Temporary vision loss in an eye, pain in the eye, and problems with vision.|
|Eye injury – Serious – Moderate||£8,550 - £51,460||If you have very restricted vision in one eye, or you have experienced loss of sight in one eye, you will receive a payout from this bracket.|
|Eye injury – Extremely serious||£60,010 - £252,180||If you have experienced complete loss of vision in one eye and some loss of sight in the other, or you have complete loss of vision in both eyes, you will receive a payout from this compensation bracket.|
|Ear injury – Mild injury||£6,580 - £42,730||This amount of compensation is for those who have sustained tinnitus due to their work environment, as well as individuals who have an amount of hearing loss in one or both ears.|
|Ear injury – Serious – Moderate||£29,380 - £42,730||This payout is for complete hearing loss in one ear. The final amount of money will depend on how much the injury has impacted the person’s life.|
|Ear injury – Extremely Serious||£85,170 - £102,890||This payout is for those who experience loss of hearing completely.|
When you are put into the situation where you are forced to have time off work to recover from any injuries you have been affected by, it can be hard on your financial situation. In order to ensure that this financial difficulty does not lead you to be unable to make a claim for compensation, we offer a no win no fee agreement, which requires you to put up absolutely NO money upfront.
Better still, should your case not lead to you being awarded agency worker compensation, you will not be expected to pay any legal bills at all for your claim. This no win no fee structure allows you to begin a claim for agency worker compensation without worry that it will make your financial situation worse.
You will also be sure your solicitor is working as hard as they possibly can to secure the worker’s compensation and temp agency injury compensation you deserve. By not demanding a fee from you whether the agency worker compensation case is successful or not, this creates a motivation to get that all-important agency worker compensation award for your injuries.
Legal Expert are here to help with any aspect of making a claim for agency worker personal injury compensation. Our dedicated, knowledgeable team are ready and waiting to give you free advice which carries no obligation to use our service. We have nothing to hide and will be happy to talk you through any aspect of our business, leaving you in no doubt as to what we do and how we get such good results for our clients.
Thousands of prior customers who have used our agency worker compensation services before have commented on our friendly, professional and sympathetic team, and we aim to treat all our clients with the utmost of respect, taking as much stress as possible out of the claims process, so you can get on with recovering from your injuries. We strive to keep you fully updated on all aspects of your agency worker compensation claim, but if you ever want to ring us to see what’s happening, or ask us anything about the process, we will be only too happy to answer your query.
Finally, we are privileged to work alongside some of the finest solicitors in the country, who have the specialist experience and knowledge needed to fight for every penny of the compensation you deserve.
When it comes to seeking agency worker compensation, all you need to do is pick up the phone and dial 0800 073 8804. Our experienced team of agency worker compensation experts will be happy to give free, no-obligation advice to you on any aspect of making a claim. We will be able to confirm if you are classed as an agency worker, or expand any of the points in this guide you may have a query about.
Alternatively, if you want to begin an agency worker compensation claim straight away, we will give you more detail on the no win no fee agency worker’s compensation agreement, ensuring you know what to expect once you have signed the agreement to start your claim. Whether your accident has only just happened, or you are running close to the time limit for claims to be filed, we will guide you with honest advice regarding agency worker compensation, and help you decide on whether making a claim is right for you, taking the burden off your shoulders after your agency worker’s injury at work. So, why not call today to get started?
Agency worker accident at work claims- FAQs
What responsibilities does my employer have to keep me safe?
As an agency worker, your employer has the same responsibilities to keep you safe as any permanent member of staff in the workplace. This is outlined in the Health and Safety at Work etc. Act 1974.
Your employer should make sure that you’re properly trained for the role that you need to do, and that you have adequate supervision while carrying it out. You should be given any PPE that you need to do your role, and you shouldn’t have to pay for it.
Your employer should also make sure that risk assessments have been carried out in the workplace so that any risks to you and your colleagues are minimised or removed altogether.
What’s the average settlement for an injury at work?
When you’ve been injured in an accident at work, you may be wondering how much you could be owed in compensation. But unfortunately, there’s no concrete figure that can be given to you before the claim is processed.
This is because your accident at work compensation will be affected by many different variables. The location of your injury, the injury’s severity and the amount of time taken off work will all affect the amount of compensation you receive. So rather than wonder how much compensation you may be due, give our team a call today to get your claim started.
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.
All temporary and agency workers are entitled to a workplace whereby risks to their health and safety are controlled properly. This page reveals everything you need to know.
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.
This link from Citizens Advice provides information on agency worker rights. This includes employment rights and details on pay in between employment.
If you have had a work accident and as a result, you have an injury and want to know your legal rights contact us today for free legal advice.
A guide to your legal rights after making a claim against your employer.
Thank you for reading our guide on agency worker accident at work claims.