Agency Worker Injury – A Guide to Claiming Compensation

All staff are owed the same duty of care by employers when it comes to health and safety. As such, An agency worker has the same right to make a personal injury claim as a full-time employee if they are injured at work. In this guide, you’ll read about when agency worker claims are possible, how much compensation agency staff could receive and how the claims process works in general.

You don’t have to go it alone if you’ve been injured whilst working as an agency worker. We offer a no-obligation assessment of any claim where you’ll receive legal advice from one of our specialists. If your claim appears to be feasible, you could be partnered with an accident-at-work solicitor who’ll offer a No Win, No Fee service if they represent you.

To learn more about how we can help claim compensation for agency workers, you can:

• Call our legal advisors on 0333 241 2519.
• Connect to our live chat service right away for free advice.

Read on for more on how agency worker injury claims work or call one of our specialists with any questions.

What Are Agency Workers?

You are defined as an agency worker if you are employed by an employment agency, temp agency or recruitment agency but work temporarily for a hirer (another company).

Employment rights for agency workers are slightly different to those offered to workers who are employed directly. However, you have the same right to expect a safe working environment as other workers do.

Can I Make an Agency Worker Injury Claim?

Companies that use agency workers have a legal duty of care to try and protect the welfare of all staff regardless of their employment type. This duty of care is established by the Health and Safety at Work etc. Act 1974.

Some of the ways an employer could try to uphold their obligations towards agency staff include:

• Checking the workplace for potential hazards regularly.
• Providing agency workers with free Personal Protective Equipment (PPE) where needed.
• Ensuring agency staff receive adequate safety training before starting work.
• Providing agency workers with safe equipment that is properly maintained.
• Allowing agency staff adequate rest breaks to avoid accidents caused by fatigue.

Therefore, you could be entitled to compensation if you’re an agency worker and:

• You were owed a duty of care by the hiring company (the defendant).
• The defendant’s negligence caused the accident.
• You were injured during that accident.

Our team is specially trained to assess workplace injury claims so please call for your free consultation.

What Types of Negligence Can Lead to an Agency Worker Injury?

Here are a few examples of the types of accidents that could result in agency work compensation claims:

• In a warehouse, an agency worker suffered multiple fractures after being told to use a forklift truck without proper training, causing falling items to crush them.
• A factory worker supplied by an agency developed contact dermatitis because they weren’t given protective gloves or eyewear when handling harmful substances.
• At an exhibition centre, an agency worker sustained a broken kneecap after tripping over loose electrical cables that hadn’t been secured across a car park.
• An agency cleaner tore ligaments when the industrial floor buffer they were using malfunctioned due to poor maintenance.
• On a construction site, an agency labourer fell from unsafe scaffolding as it had not been properly inspected before use, leading to serious back injuries.
• A kitchen porter supplied through an agency suffered deep burns after being asked to handle hot pans without adequate training or protective equipment.

Of course, there are many more ways agency workers could be injured in an accident at work than we’re able to list here. Therefore, even if your accident is not described above, please contact us and ask for a free consultation with one of our specialists.

What Should I Do If I’m an Agency Worker Injured at Work?

If you’re an agency worker who has been injured while at work, taking the following steps can help strengthen your personal injury claim and ensure your rights are protected:

• Getting your injuries assessed and treated by a healthcare professional ensures you receive the care you need and provides an official medical record of your injuries.
• Report the accident to your on-site manager or supervisor and explain clearly where, when, and how the incident happened. Even though you’re an agency worker, the site management has a duty to record and respond to accidents.
• Request a copy of the accident report to confirm that the details of the incident have been accurately recorded, including the time, location, and nature of your injuries. Keep this for your records.

Following these steps will not only help protect your health and support any future claim but also help to improve safety standards in the workplace, reducing the risk of similar accidents happening to others.

What Evidence Can Be Used for Agency Worker Injury Claims?

Even if your claim seems quite simple, without evidence to back up your allegations, it is likely to be contested by the defendant’s insurers. As such, here are some types of evidence that could help ensure that an agency worker injured at work is compensated fairly for their suffering:

• An accident report form to confirm the date, location and time of the accident.
• Video footage of the accident. You are within your rights to request CCTV footage of yourself.
• X-rays and medical records that confirm the extent of your injuries.
• Receipts and other documents that prove any costs caused by your accident.
• Photographs of the accident scene that help to prove the cause of your injuries.
• Details of any potential witnesses who saw the accident happen.

We know that it’s not always possible to collect everything described here. Therefore, if you’re not sure you have enough evidence to proceed with an agency worker compensation claim, please call our legal advisors for a free review of your options.

How Long Do I Have to Claim Agency Worker Injury Compensation?

The time limit for agency worker compensation claims is generally 3 years from the date of your accident. This is defined legally by the Limitation Act 1980.

Although 3 years seems like lots of time to start a claim, we would always suggest starting the claims process by speaking to one of our specialists at your earliest opportunity.

If your claim is taken on, your solicitor will have plenty of work to do before filing the paperwork with your employer, so the sooner you get in touch, the better.

How Much Compensation for Agency Worker Injuries?

If you are an agency worker injured at work and you win a personal injury claim against your employer, you’ll receive a compensation settlement based on the extent of your injuries and any associated costs.

The Judicial College Guidelines (JCG) are usually checked when putting a value on physical and psychological injuries. As such, your solicitor will typically use medical records and reports from independent specialists to ensure they fully understand how you’ve been affected.

If you have incurred any expenses because of your injuries (or you are likely to in the future), these could also be covered by any settlement you agree. This could include damages for:

• The cost of care or support at home.
• Medical costs (physiotherapy, prescription fees etc).
• Travel expenses.
• The cost of making changes at home if you’ve sustained a long-term injury and the changes will improve your quality of life.
• Lost income and any future reduction in earnings.

Because personal injury claims are usually settled on a full and final basis, it’s vital to make sure all aspects of your suffering are included in any settlement offer. This is something our solicitors specialise in so please get in touch to see if one could help you start an injured agency worker claim.

Will I Be Laid Off If I Claim Compensation for an Accident at Work?

All workers, including agency workers, are protected by law from being treated unfairly for making a personal injury claim. While agency workers might not have the same dismissal protections as full-time employees, you cannot legally be singled out, bullied, or treated unfairly for seeking compensation.

Therefore, you shouldn’t feel discouraged from lodging a claim if you’ve been injured at work while working through an agency.

If you’d like to know more about your rights or have faced consequences after starting a claim, please get in touch and we’ll look into your options.

Do You Need a Solicitor for a Work Injury Claim?

If you’re an agency worker injured at work, making a personal injury claim can be complicated. There are often legal and medical details to deal with, which is why many people choose to use a solicitor.

A solicitor from our panel can help simplify the process and may get you a higher settlement. Some of the services offered by our solicitors include:

• Evidence gathering.
• Preparation and filing of your claim.
• Acting as the contact for your employer and their insurance provider so you’re not involved directly.
• Negotiating on your behalf and responding to any objections raised.
• Ensuring you are always kept up to date with the progress of your claim.

If your case is accepted, your solicitor will work on a No Win, No Fee basis. This means you’ll sign a Conditional Fee Agreement (CFA), confirming that you’ll only pay if your claim is successful.

If you win your case, a percentage of your compensation — capped at 25% by law — will cover your solicitor’s success fee.

To check if you could make a No Win, No Fee agency worker injury claim, get in touch today.

How Long Will the Claims Process Take?

The time taken to process a compensation claim for an injured agency worker will be different from case to case. Although our solicitors will always try to deal with claims swiftly, several factors can affect the processing time.

As an example, if you sustained broken ribs after falling at work, your injuries have healed and liability for the accident is accepted quickly, compensation could be awarded in around 4 months or so.

However, more serious agency worker claims can take much longer. For instance, if you’ve suffered a life-changing spinal injury from a fall from a height, it could take more than a year to settle your claim. This exact time taken would depend on how long it takes both parties to agree on the long-term impact of your injuries.

During these types of negotiations, interim payments might be made to help you financially so long as liability for the accident has been accepted.

Contacting Us About an Agency Worker Injury Claim

If you’re an agency worker who has been injured at work and believe that you might be entitled to claim compensation, why not:

• Call 0333 241 2519 to speak with a legal advisor; or
• Use our 24/7 live chat service.

We’ll review your case for free, set out your legal options and answer any questions you might have during your initial consultation. If you are partnered with one of our specialist solicitors, your agency worker injury claim will be processed on a No Win, No Fee basis.