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Agency Workers Accident At Work – How much compensation Can I Claim?

By Ruth Lambert. Last Updated 15th March 2021. Welcome to our guide on agency workers accident at work claims. Agency work is incredibly popular in the UK though, taking the pandemic into consideration, has declined since 2019. The Office for National Statistics records that there were 220,000 between July and September 2020. This is over 30,000 less than the year before.

There is a lot of confusion regarding the legal rights of agency workers, especially when it comes to personal injury compensation cases. A lot of people assume a temporary worker injured at work does not have the same rights as a permanent employee.

Agency Workers Accident at Work

Agency Workers Accident at Work

If you have been involved in an accident in the workplace, you may be wondering whether you are entitled to compensation. While agency workers do have different legalities in terms of their contracts, they are still covered if they have been injured in the workplace. Just because you are employed on a temporary basis does not mean that your employer has not got a responsibility to provide you with a safe and healthy working environment.

With that in mind, read on to discover everything you need to know about agency workers accident at work claims, including details on your rights, how much compensation you could receive, agency workers regulations 2016, and how to go about making a claim. If you have any queries or you would like to start the claims process, you will find our contact information at the end of the guide.

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Agency Workers Accident Claims – A Complete Guide

If you are an agency worker injured at work, your rights are the same as a permanent worker. You are entitled to personal injury compensation so long as the incident was not your fault. Read on to discover everything you need to know about agency workers accident at work claims, from what damages you can claim for to the most common injuries suffered by health and safety agency workers.

What Constitutes An Agency Worker Injury Claim?

An agency worker injury claim can be launched when you have sustained an injury in the workplace that was not your fault. You need to be able to prove that your employer, agency, or someone else was to blame.

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 uphol. 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.

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

What Do I Need To Make A Claim?

In this section, we’ll look at what you need to do to give your agency workers accident at work claim the best chances of success.

In order to build a strong claim, you will need to gather evidence that can support your side of the story. Let’s take a look at what to do after an accident at work:

  1. See a doctor – There is only one place to begin, and this is with seeing a healthcare professional. It does not matter how minor your injuries may seem, if you do not see a doctor, you are going to struggle to claim. This is because there will be no proof of what has happened.
  2. Report the accident – It is vital to inform your employer of what has happened so that he or she can record it in the work accident All companies are required to have an accident book by law. By recording the incident in here, you make sure there is an official record of what has occurred.
  3. Make a note of all expenses suffered – The next step is to make sure that you keep track of all of the costs you have encountered, as well as keeping proof. You will be able to claim for these.
  4. Take photographs – If there is any damage to the scene, as well as any physical injuries, it is a good idea to take photos to serve as proof.
  5. Get the contact details of any witnesses – Witness statements can strengthen your case, so it is a good idea to get the contact information of anyone that saw the incident unfold.

If you’d like to know more about what accidents can lead to an agency workers accident at work claim then please read on.

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.

Agency workers injury statistics graph

Source: https://www.hse.gov.uk/statistics/overall/hssh1920.pdf

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.

Common Agency Workers Injuries

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

  • Strained wrist
  • Repetitive strain injury
  • Broken leg
  • Vibration white finger
  • Knee injuries
  • Arm amputation
  • Back injuries
  • … And much more!

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.
  • 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 income – 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.

How Much Could I Claim For Agency Workers Compensation?

No matter what type of accident you have been involved in, you will probably want to get a good understanding regarding the figure of compensation you can receive if you launch a claim. It is important to recognise that every case is different, and it is treated as such. Because of this, it is quite simply not possible to give you an accurate figure regarding how much you will get. If any personal injury solicitor promises you ‘x’ amount, you should not pin your hopes on this, as a payout cannot be guaranteed beforehand.

The best way to get an understanding of the personal injury compensation you could receive is by looking at the average payouts for injuries similar to yours. We have put together this information in the table below that illustrate how much you could get for an agency workers accident at work claim:

Updated March 2021.

InjuryDetailsAmount
Knee injuryMild injury – Painful injury, yet a recovery will be made over time.Up to £24,580
Injury to KneeSerious – moderate injury. There are numerous injuries that fall into this category, including soft tissue damage, cartilage damage, muscle damage, and alike.£24,580 to £40,770
Injury to KneeExtremely serious injury. Disability due to injury to the knee. The person may also experience muscle wastage, soft tissue damage, and muscle damage.£65,440 to £90,290
Arm injuryModerate injury. A recovery will be made. However, the person will have suffered restricted movement and/or some form of disability to their arms.£18,020 to £36,770
Injury to armThis is for cases when there is major restriction and disability in one or both arms and causes great pain and suffering.£90,250 to £122,860
Injury to armThe maximum amount is awarded when the claimant experiences amputation of both arms. £225,960 to £281,520
Shoulder injuryMild injury. Soft tissue damage that causes moderate pain, and they will recover within the year or just over that.Up to £7,410
Injury to shoulderSerious – moderate injury. The person will have tissue damage in the neck, and this could last for quite a while, causing a restriction of movement.
£7,410 to 11,980
Injury to shoulderExtremely serious shoulder injury. Movement is restricted, numbness to the limbs, or paralysis due to injury in the neck and shoulder.£11,980 to £18,020
Neck injuryThis amount is for mild injuries. The amount you receive depends on factors such as long-term prognosis, as well as the level of pain experienced, and how long the injury lasts. Up to £7,410
Injury to neckSerious – moderate injury. Fractures to the neck fall into this category, which cause a lot of pain when moving. Also, other symptoms include stiffness, as well as the inability to use full movement of the neck.£23,460 to £52,540
Injury to neckThis payout is for severe neck injuries whereby there is a lot of pain and issues with movement.£42,680 to £122,860
Face injuryMild facial injury. Compensation amounts for scarring. Please bear in mind that women tend to receive bigger payouts for scarring than men.Up to £12,900
Injury to faceSerious – moderate injury to the face. These compensation estimates cover fractures and brakes to the nose and/or other facial areas.Up to £34,480
Injury to faceExtremely serious face injury. Scarring and facial disfigurement could lead to this payout amount. The extent of the injury and scarring will determine how much.£27,940 to £91,350
Head injuryMild injury to the head. Head injuries with lasting effects, yet no brain damage.Up to £11,980
Injury to headSerious – moderate. Head injuries that have resulted in lasting effects, however, the person has not sustained full brain damage.£14,380 to £40,410
Injury to headExtremely serious head injury. The award bracket is given as an estimate for victims who have suffered severe brain damage and are unresponsive. In what is referred to as a vegetative state.Up to £379,100

You can’t find the injury you have suffered in the table above? Don’t worry! Just give us a call and one of our advisors will be happy to advise you further.

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 team 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

How Much Compensation For An Accident At Work?

Find out how much compensation you can claim for a work accident.

How Much Compensation Can I Claim for Stress at Work?

Have you suffered from stress in the workplace as a consequence of your employer’s negligence? Read our guide for help.

I am Self-Employed and had an Accident at Work. Can I Claim?

If you were self-employed at the time of the injury that wasn’t your fault, you could make a personal injury claim.

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.

Agency workers accident at work FAQs

What should employees do if they get hurt at work?

If you’re hurt at work, report the incident to the relevant colleague/manager and make photographic and written documentation. If a third party was responsible, consider making a personal injury claim.

How do you prove injury at work?

You can prove an injury at work through photographic or written evidence made at the time of the incident alongside medical evidence. For more information, get in touch with our advisors. 

What happens if an accident at work is not reported?

Some accidents don’t need to be reported to the Health and Safety Executive through RIDDOR. However, if an accident isn’t reported that should’ve been, employers could face a fine.

Can I sue a recruitment agency?

If you’re an agency worker injured at work and believe someone else to be at fault, you need to consider whether your employer or your recruitment agency are liable. Both owe you a legal duty of care, which, if they fail to uphold, you could make a claim against them. To establish liability in your case, call today for a free consultation.

How long do I have to claim?

Personal injury claims have time limits of 3 years, effective from either the accident date or the date you realised you suffered as a result of it. 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. In these cases, the time limit is frozen until they can claim themselves or appoint a litigation friend.

How much compensation could I get for an accident at work?

Personal injury claims are valued using each claimant’s suffering. Once the extent of damage they experienced as a result of their accident is established, their payout amount can begin to be calculated. For a free estimate, get in touch today.

How can a No Win No Fee agreement help me?

If you’re worried about the financial burden of solicitor’s fees, our panel of personal injury solicitors always works with Condition Fee Agreements (CFAs). CFAs mean you don’t have to pay your solicitor unless they win your case, meaning if you don’t get compensation, you don’t have to pay out of pocket. They’ll take a success fee if they win your case but this is also fair in that it’s capped by law.

Where can I find legal help?

Rather than seeking a local lawyer, why not give our claims team a call today? We have over 30 years of experience handling claims like yours and our panel of personal injury lawyers always work on a No Win No Fee basis. Our lines are open 24/7, so don’t hesitate to get in touch.

Thank you for reading our agency workers accident at work claims guide. We hope our guide on rights for agency workers, accident at work claims and compensation was helpful.

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