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Can I Claim Compensation If I Am A Agency Worker? How Much Can I Claim?

Working as an agency worker can sometimes lead to injuries or illnesses with many people wondering if they can file a work-related compensation injury claim and to who it should be filed against. The answer is yes you can, and you may be entitled to file an agency worker injury compensation claim.

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A Guide To Agency Workers Injury Compensation Claims

Agency Worker Injury ClaimsEmployers must ensure that all staff and employees are given the correct amount of training to avoid accidents and injuries from happening in the workplace. Whether you are employed on a full time basis, as a part time employee or as an agency worker, your employer has a duty to make sure you receive the correct level of training for the job you are contracted to carry out. When a temporary worker injured at work report is made to an employer or management, the incident must be recorded in the company’s accident report book straight away and treated the same as when permanent employees submit an accident report.

Part of an employer’s duty of care is to provide health and safety training to everyone in the workplace which ensures that every employee is made aware of all dangers/hazards they may encounter when carrying out their duties. Employers must ensure that all employees, including agency staff, are correctly trained to work machinery and other equipment in the workplace. If during the course of your duties, you have to work with heavy loads or handle specialist machinery, an employer must ensure you are given the appropriate training to do so. It is an employers responsibility to provide you with the correct protective clothing, tools and equipment as necessary. When it comes to health and safety agency workers must be treated in the same way as other employees.

When employers fail in their duty to provide the correct amount of training and as a result you suffer an injury, you could be entitled to file an agency worker compensation claim. The amount you are awarded would depend on the severity of your injury and how it negatively impacts your health and well being. Our team of legal experts can assess your case, offering valuable advice on how to proceed with your claim using our No Win No Fee structure for an agency worker injury, having successfully worked on many agency workers injury compensation claims in the past.

What Are My Employment Rights If I Am An Agency Worker?

Under UK law, all employees, workers and staff must be treated equally because they are entitled to “workers employment rights”. These rights come into effect the moment you begin working for an employer. The law applies to all employees regardless of whether they are full time, part time or agency workers. Employment rights encompass personal injury claims for accidents in the workplace. Should you be injured whilst at work through no fault of your own, you may be entitled to file for compensation for the injuries you sustained. Under UK law, you may be entitled to agency worker injury compensation.

UK legislation clearly states that all employees, workers and staff are treated equally and that they have the same worker’s employment rights from the first day they start start work for an employer as those of permanent staff. Agency workers along with temporary staff and contractors must be treated in the same way as permanent staff by employers and their work colleagues.

Agency workers, part time staff and contract workers who use the same facilities as permanent employees have the same worker’s employment rights which includes 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.

If you have worked for the same employer for an extended period of time, your situation changes from temporary to permanent. 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 into a company’s pension scheme. As such, agency worker rights to permanent employment after 12 weeks remain the same with the difference being you would be entitled to all the benefits that come with a permanent job structure.

It is also worth noting that as an agency worker, 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 and it must include details of your agency worker notice period amongst other things.

Our team of our legal advisers can help you through the process of lodging a claim having successfully won many agency workers injury compensation claims for clients in the past. We would assess your case and advise you whether you have a strong case to claim agency worker compensation.

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 Health and Safety at Work Act 1974 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 the Health and Safety at Work Act of 1974, all employers have a responsibility towards their staff and this covers all aspects of an employee’s rights. As such, they have the 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. Many agency workers ask us who their claim should be filed against and whether it should be lodged against the agency that contracted them to work for an employer or the employer directly.

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 An Agency Worker Is Injured?

When filing an agency worker injury claim, there are several things that factor into who would be held responsible for your accident. However, when employed as an agency worker, 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, you are entitled to receive employee “protection” as well as any relevant “benefits” which could include sick pay for agency workers. In short, 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 and you could be entitled to sick pay for agency workers.

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 whilst at work, you could be entitled to file for temp agency workers compensation from the business owner or its operator. You would not file your claim against the agency that contracted you to work for the business where the incident occurred.

So, when do temp agencies pay workers comp? 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 all their agency workers are equipped with the correct tools for the job and that they are provided with appropriate protective clothing as well as 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 responsible for the incident and would be liable to pay compensation for the agency worker injury you sustained while under their control.

Our team of legal experts can provide the right guidance as to who would be liable for your injuries and would walk you through the process of filing a No Win Fee compensation claim once your claim has been thoroughly assessed and we establish that you have a strong case for employment agency workers compensation against an employer or an agency.

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 it is feasibly 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

Should I Claim For My Agency Worker Accident Or Illness?

We are often asked “should I make a claim after being injured in the workplace?”. The answer is “yes” because you should never feel there is a stigma attached to filing for compensation after being injured in a workplace through no fault of your own. You should never be worried about what other colleagues, workmates or people may think of you should you make a claim. If you were injured through recklessness or negligence on the part of somebody else or a work colleague, it is perfectly normal for you to file for compensation which goes a long way to ensure you return to where you were before the accident occurred.

Under UK law, employers cannot dismiss any employees, staff or workers whether they are permanent, temporary or agency workers because they file for compensation following an agency worker injury in the workplace. In most instances, employers are not directly involved in the process when a claim is filed against them because claims for compensation are typically handled by their appointed insurance companies.

We can help you through the process of filing a claim if you are temporary worker injured at work through no fault of your own. Our team will go over your case making sure all the relevant details of the accident are noted with an end goal being to establish who would be held responsible and whether the incident was due to negligence on the part of an employer or the agency, The information we gather would also establish your workers compensation eligibility.

How To Make An Agency Worker Injury Compensation Claim

When filing an agency worker compensation claim, providing solid evidence that the incident could have been avoided if the correct measures had been set in place is of paramount importance. The process is often stressful more especially as you would have to face expert defence lawyers in what is typically a long, drawn out court case.

Personal injury law is complex and without the correct understanding of existing legislation, the chances of being awarded compensation should you decide to fight the case yourself, is greatly reduced than if you employ the services of an expert personal injury solicitor. A solicitor would better represent you in a court hearing because they are up to date with all relevant legislation which includes agency workers regulations 2016.

A personal injury solicitor has all the necessary knowledge and expertise when it comes to personal injury claims and once your case is fully assessed, we would be able to build a strong case for your agency worker compensation claim by gathering all the relevant information and using our expert knowledge of personal injury claims all of which entails the following:

  • Obtain expert medical reports
  • Be able to rely on our knowledge of past agency worker compensation claims and how much a client was awarded
  • Having vast experience in countering defence lawyers in court increases success rates

Our No Win No Fee structure also allows us to begin work without you having to pay anything upfront. You only need to sign the agreement for us to act on your behalf. You would not have to pay any money throughout the whole process and would only have to pay an agreed fee if your claim is successful. Should your case be unsuccessful, you would pay nothing at all.

Agency Worker Compensation Claims Calculator

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 is a graph showing the levels of compensation you might be awarded should you have suffered an agency worker injury.

Injuries and other reasons for compensationCompensation awarded for slight to more severe injuriesDetails
Upper limb injuries £1,930 to £20,280Slight upper limb injury where recovery is achieved in 3 months to more debilitating upper limb injuries that are life altering
Back injuries - minor to very severeup to £2,150 to £141,150Slight back injuries that heal relatively quickly to life altering, debilitating back injuries
Chronic pain£18,480 to £73.670Moderate pain to complex regional pain sydrome (CRPS)
Hand and finger injuries£7,580 to £33,700Vibration white finger (VWF) and/or hand arm vibration syndrome (HAVS) from mild to very serious
Dermatitis£3,460 to £16, 830Mild dermatitis to very serious dermatitis that will last for years
Asthma£4,520 to £57,620Mild asthma to more permanent, debilitation asthma
Hearing loss£22,600 to £34,600Tinnitus or partial hearing loss from slight to more severe
Elbow injuriesup to £11,040 to £48,080From slight injuries where recovery takes 3 months to more debilitating elbow injuries resulting in significant disability
Asbestos related disease£13,250 to £110,380Mild respiratory issues to more serious health issues namely cancer and mesothelioma
Pain and/or suffering£1,,350 to £101,470Money awarded after assessing the suffering and/or pain the person has deemed to have experienced
Loss of earnings£5,000 to £500,000Actual loss of income
Future wage losses£10,000 to £400,000Future earnings anticipated to be lost

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.

No Win No Fee Agency Worker Injury Solicitors

Legal advice is expensive which puts people off making a claim for compensation which they deserve after suffering an injury through no fault of their own. No Win, No Fee solves the problem because there are no upfront fees to find.

The structure means anyone who sustains an injury in the workplace, can seek compensation. These days, many solicitors work on a No Win, No Fee basis taking on the risk and you only pay if your compensation claim is ruled in your favour. You would not pay a solicitor any money at all if your claim is unsuccessful.

A No Win No Fee solicitor recovers all costs directly from the amount awarded which is typically agreed in advance. A Condition Fee Agreement or CFA is drawn up detailing the percentage you would have to pay if your case is successful. The CFA is a legally binding document between a solicitor and the claimant.

Why Choose Use As Your Claims Service

We make it easier to file a claim for compensation and ensure you are awarded the level of compensation you rightly deserve with our No Win No Fee agency worker injury claim structure having worked on many successful claims for clients in the past.

We offer valuable advice when you suffer an injury whilst working as an agency worker and can provide an estimate on the amount you may be awarded should your case be ruled in your favour.

You only pay if your case is successful when you choose to work with a No Win No Fee solicitor.

We operate a 24-hour claim service and are open for business 7 days a week, 365 days a year.

We are recognised and regulated by the Solicitors Regulation Authority (SRA) and The Law Society.

Our UK-based advisers provide a valuable insight into what a personal injury claim entails.

Trust and Transparency are importance to us and we always make it our goal to see that you receive the level of compensation you rightly deserve.

We offer a super-fast service when we work on a No Win No Fee basis.

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, your can either contact us by telephone or you can email us at the email address below.

Call us on 0800 073 8804, the advice line is available 24-hours, 365 days a year and you can request a “call back” if more convenient

Email: office@legalexpert.co.uk – we endeavour to answer emails within 3 hours, Mon-Fri.

Useful Links

The link below takes you to the Government website where you will find lots of valuable information about your agency worker rights:

Agency workers rights

The link below takes you to the ACAS website which offers a lot of information about workers rights when working through an agency:

ACAS advice on agency worker rights

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