Agency worker accident at work claims – Can I Claim Compensation?
By Mark Ainsdale. Last Updated 21st July 2021. 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.
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. 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.
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 to health and safety. If you suffer an injury in an incident and feel your employer is to blame, you will be able to claim agency worker compensation. In this guide, we reveal everything you need to know about agency worker accident at work claims, including details on making a claim, how much agency worker compensation you may receive, and our No Win No Fee approach.
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.
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, symptoms arise later down the line, but 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 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 our specialist solicitors 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 may wish 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 necessary.
If you suffer an injury in an accident while working temporarily, 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 all agency worker accident at work claims are different, and there are many different variables to consider. No solicitor should promise you ‘x’ amount, as no amount of money is a guarantee.
However, we can do what we can do to understand the average payouts for common injuries that agency workers sustain. 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 in a situation where you require time off work to recover from any injuries, it can impact your finances. To ensure that this financial difficulty does not lead you to be unable to claim compensation, we offer a No Win No Fee agreement, which requires you to put up absolutely NO money upfront.
Better still, if you don’t receive agency worker compensation, you won’t pay any legal bills at all for your claim. This No Win No Fee structure allows you to claim agency worker compensation without worsening your financial situation.
You will also be sure your solicitor is working as hard as possible to secure the worker’s compensation and temp agency injury compensation you deserve. Indeed, there is no demand for a fee from you whether the agency worker compensation case is successful or not. So, 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 claiming agency worker personal injury compensation. Our knowledgeable team are ready and waiting to give you free advice with no obligation to use our service. We have nothing to hide and will be happy to talk you through any aspect of our business. And this will leave no doubt about what we do and how we get good results for our clients.
We have thousands of prior customers with experience in using our agency worker compensation services. And their comments highlight our friendly, professional and sympathetic team. Furthermore, we aim to treat all our clients with the utmost respect. That includes taking as much stress as possible out of the claims process. And this allows you to get on with recovering from your injuries. We strive to provide regular updates on all aspects of your agency worker compensation claim. But if you ever want to ring us to see what’s happening, we will happily answer your query.
Finally, we work alongside some of the finest solicitors in the country. They have the specialist experience and knowledge necessary to fight for every penny of the compensation you deserve. Please get in touch, and we can represent your agency worker accident at work claims.
When it comes to seeking agency worker compensation, pick up the phone and dial 0800 073 8804. Our team of agency worker compensation experts can give free, no-obligation advice about any aspect of making a claim. We can confirm if you’re an agency worker or expand any points in this guide, you may still wonder about.
Alternatively, perhaps you want to begin an agency worker compensation claim straight away. In that case, we will give you more detail on the No Win No Fee agency worker’s compensation agreement. This ensures you know what to expect once you sign the agreement to start your claim. Whether your accident is recent or you’re close to the time limit, we will advise honestly on agency worker compensation. And we can help you decide on whether making a claim is right for you. Furthermore, this takes the burden off your shoulders after your agency worker’s injury at work. So, why not call today to start your claim?
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 employee. This is in the Health and Safety at Work etc. Act 1974.
Your employer should make sure that you receive proper training for your role. And they should ensure that you have adequate supervision while carrying it out. You should receive any PPE that you require for your role, and you shouldn’t have to pay for it.
Your employer should also make sure to carry out risk assessments in the workplace. This is so that any risks to you and your colleagues are minimal or nonexistent.
What’s the average settlement for an injury at work?
If you suffer an injury in an accident at work, you may wonder how much compensation you may receive. But unfortunately, there’s no concrete figure. This is because many different variables could affect your accident at work compensation amount. The location of your injury, its severity and the time off work will all affect the amount of compensation. So rather than wonder how much compensation you may get, give our team a call today to start your claim.
Can you sue a recruitment agency?
Yes, assuming that your solicitor deems that the recruitment agency has as much responsibility as your employer for the accident.
Do agency workers have insurance?
Recruitment agencies can advise how agency workers could receive insurance, but it can be tricky to handle.
How long after an accident at work can you claim?
The maximum time limit during which you’re able to claim is three years.
Will I still receive pay after suffering an injury at work?
So, you’re unlikely to receive full pay, but you should still receive Statutory Sick Pay (SSP) from your employer.
Can agency workers become permanent?
The agency can offer permanent positions to agency workers, though this isn’t a guarantee.
Can you report an employment agency?
It’s advisable to make a complaint to the agency first. But if this doesn’t resolve the issue, then you could report them at that stage.
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.
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.
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 a work accident causing an injury and want to know your legal rights, contact us today.
A guide to your legal rights after claiming against your employer.
Thank you for reading our guide on agency worker accident at work claims.