If I Am A Temporary Worker What Are My Rights After An Accident At Work?
By Lewis Cobain. Last updated 1st March 2023. This guide explains temporary worker rights after an accident at work. As a temporary employee or agency worker, what can you do to be compensated after your employer’s negligence caused you to be harmed? Do you have to be an employee to make a workplace injury claim? Please read the sections below to learn more or feel free to contact our advisors for a free, no-obligation assessment right now by:
- Calling us on 0800 073 8804
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Select A Section
- Temporary Worker Rights And Accidents At Work
- Temporary Worker Rights And The Duty Of Care By Employers
- Liability For A Temporary Worker Injured At Work
- Can Agency Workers Claim For An Accident at Work?
- What Should You Do If Injured In The Workplace?
- Temporary Worker Rights And Accidents At Work Calculator
- Start A Temporary Worker Accident At Work Claim
There is guidance on what typically defines a ‘worker’ and their employment status. A piece of legislation called the Health and Safety at Work etc. Act 1974 outlines the legal obligations for those who employ people generally, whatever their status. Employers should:
- Operate a work environment as free from risk or hazard as much as reasonably practicable
- Display clear health and safety advice and procedures to employees
- Conduct regular risk assessments to spot and address potential hazards
- Meet with safety representatives and listen to employee concerns
- Properly report and record accidents at work in the correct way — in an accident book and through The Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013 (RIDDOR) if appropriate.
As well as this, legislation called The Agency Workers Regulations 2010 details the framework that applies to employees on temporary or agency contractual arrangements. It outlines relevant terms and conditions, the qualifying periods, and basic working and employment conditions.
What Is A Temporary Worker?
Occasionally, an employer may need to take on extra staff to deal with an increased workload or to meet a specific deadline. Usually, temporary workers are people who are given short-term contracts of employment that can be open-ended or renewed on a weekly or monthly basis. Temporary workers can be part of an agency that provides people for roles such as this. It can also refer to self-employed people or contractors working as and when needed.
What Rights Do Temporary Workers Have?
Must you be an employee to claim for a workplace accident? Temporary worker rights include:
- Working a maximum of 48 hours in one week
- Maternity, paternity, and parental leave rights after working in your role for 12 weeks or more.
- The same rights of employment after 12 consecutive weeks.
- Entitlement to the National Minimum Wage
- Not being treated less favourably if you work part-time
Temporary Worker Rights – How Long You Have To Claim
Under temporary worker rights, you may be able to bring forward a claim if you were injured as a result of your employer’s negligence. However, you must take action within the limitation period. In the same way it would apply to a normal employee, as a temporary worker, it means you should begin your claim typically within 3 years.
However, there are exceptions to the time limit, such as:
- When someone is under 18 years old – In this circumstance, the three year time limit begins from their 18th birthday.
- When someone does not have the mental capacity to claim – The time limit would only begin if the person ever recovered the mental capacity to claim.
In the circumstances mentioned above, a litigation friend can claim on behalf of someone else. Anyone may act as a litigation friend granted they make fair and competent decisions on behalf of the claimant and do not have any conflicting interests.
Our advisors will be happy to assist you with any queries you may have. You can get in touch at any time and won’t be expected to continue using our services afterwards if you don’t want to. However, if you are interested, you could be connected with our expert personal injury solicitors.
Ordinarily, a temporary worker who is on a fixed-term employment contract can enjoy the same basic rights as a permanent employee. In addition to this, after 12 weeks with the same employer, agency workers can enjoy the same rights as permanent staff.
If you’re an employee, you have the right not to be unfairly dismissed. You can also be given a written reason for dismissal. You may also be eligible for redundancy pay after this period.
Firstly, under the Health and Safety at Work etc. Act 1974, employees of any type have a responsibility to safeguard their own health and wellbeing at work, as well as that of other colleagues which means abiding by legislation and conducting themselves accordingly.
Initiating a claim for a personal injury requires actual injury and an accident alone is not sufficient. Liability for an accident at work depends on the capacity of the temporary worker in that role. Workers injured because of an employer’s workplace negligence would generally claim against the employer of that place of work. But if they were knowingly placed in a hazardous role without appropriate provision by the agency that represents them, the agency could be liable.
Speak with our advisors and they can help direct your temporary worker rights personal injury claim more accurately.
In regards to health and safety, an employer’s duty of care extends to temporary staff in exactly the same way as permanent staff. Employers should take reasonably practicable steps to ensure the safety of employees and visitors.
Temporary staff are free to seek a claim for compensation when they can show that employer negligence caused them to be harmed.
As a temporary worker involved in an accident at work, there are some steps you can follow to help put together a comprehensive claim. A claimant can:
- Report the accident
- Raise the issue with the employer or agency
- Collect CCTV footage if possible
- Take photos of the scene and your injuries
- Request witnesses to the accident to provide their contact details for statements later
- Access copies of your medical records if you visited a healthcare professional after the incident
In addition to this, you can consider legal representation. Contact our team and they can assess your claim for free and possibly connect you with a personal injury expert in temporary worker rights to help.
Calculating the compensation possible for an accident at work caused by employer negligence involves looking at two areas. General damages compensate you for the pain and suffering, whether mental or physical, you experience as a result of negligence.
The Judicial College Guidelines (JCG) is a publication legal professionals may use when valuing injuries. It lists injuries with corresponding potential compensation brackets. This tool is used to assess the impact of:
- Pain and suffering
- Loss of amenity
- Increased risk of long-term health problems
The compensation table below includes figures from the JCG.
|Body Area Injured||Severity and Award Bracket As Per The JC Guidelines||Further Information|
|Finger||(f) Severe Finger Fractures - Up to £36,740||Deformity and impaired grip, loss of function|
|Hand||(e) Serious Hand Injuries - £29,000 to £61,910||Injuries that reduce the usefulness of the hand to 50% requiring possible amputation|
|Eye||(h) Minor Eye Injuries - £3,950 to £8,730||Including being struck by an object in the eye or exposure to smoke or fumes|
|Head||(c) Moderate (i) - £150,110 to £219,070||Injuries that damage sight and speech with a potential risk of epilepsy|
|Back||(b) Moderate (ii) - £12,510 to £27,760||Soft tissue damage that may accelerate pre-existing conditions and impact the sufferer's ability to enjoy normal life|
|Knee||(b) Moderate (i) - £14,840 to £26,190||Dislocations, torn ligaments and wasting. Also instability issues and future disability|
|Ankle||(d) Modest Injuries - Up to £13,740||Mild case fractures, ligament tears, sprains and weakness causing scarring and instability|
|Foot||Foot Injuries (f) Moderate - £13,740 to £24,990||Metatarsal fractures that cause continuing symptoms and future risk of osteoarthritis|
|Psychiatric Injury||(d) Less Severe - £1,540 to £5,860||Some psychiatric issues that show an improvement|
Please note – these are estimated amounts, not compensation guarantees.
Special damages are the second area where you may be eligible to seek compensation. It’s compensation for financial loss associated with your injuries. It requires solid proof like invoices, statements, or receipts that show out-of-pocket expenses forced upon you by the injuries. It may be possible for you to claim for:
- Loss of earnings
- Medical bills
- Remedial treatments like physiotherapy or counselling or treatments that are not available on the NHS
- Adaptations needed to your home or car after the injury
With this in mind, speak to our team to see what other associated expenses you could include in your claim. Or, alternatively, use our compensation calculator.
Our panel of injury solicitors offer their services under a No Win No Fee agreement for all claims they accept. Under such an agreement:
- There is no upfront fee to hire the solicitor
- There’s no ongoing solicitor fee
- You don’t have to pay the solicitor’s fee if the claim isn’t successful
If the claim is successful, you’d pay the solicitor a success fee. However, this would be taken from the compensation after it comes through and it’s legally capped. This amount is to reward the personal injury solicitor for their time and work on your behalf.
Find out exactly how a professional can ensure your temporary worker rights are properly acknowledged after an injury in a workplace by:
- Calling our advisors on 0800 073 8804
- Contact us for an immediate callback
- Or access help through our ‘live support’
Learn More About Temporary Worker Rights
In conclusion, the resources below offer further reading on this topic:
- Injured at work? What are my rights? Further reading
- FAQs about rights after an accident at work
- Can I claim compensation if I am an agency worker? Discussed here.
- Details from ACAS about temporary workers
- More about your rights as a temporary worker from HSE
- Lastly, details about equal treatment for all workers
Other Guides You Can Read
- How Much Accident At Work Compensation Can I Claim?
- Claiming When An Employee Did Not Report An Injury
- Can I Claim Compensation If I Am A Agency Worker?
- Sick Pay After An Accident At Work Explained
- Can I Be Sacked For Claiming Against My Employer?
- Can I Claim For Being Dismissed After An Accident At Work?
- Accident at Work Solicitors
- Steps To Take When Injured At Work
- Can I Claim For An Accident At Work Injury When At Fault?
- Accident At Work Claim Time Limits Explained
Written by Waters
Edited by Victorine