Accidents at work can be a common occurrence, and they can happen to anyone, including agency workers. However, agency workers may be unsure of their rights when it comes to making a compensation claim for an accident at work. In this article, we will explore the legal rights of agency workers and whether they can claim compensation for an accident at work.

What is an Agency Worker?

An agency worker is an individual who works for an employment agency, providing services to an end client or employer. Agency workers are not employed directly by the end client or employer, but instead are employed by the agency.

Can Agency Workers Claim Compensation for an Accident at Work?

Yes, agency workers have the same legal rights as permanent employees when it comes to making a compensation claim for an accident at work. The agency has a legal duty of care to ensure that agency workers are safe and protected from harm in the workplace, just as an employer would have a duty of care to its permanent employees.

Can I Make an Accident at Work Claim If I Am an Agency Worker?
Can I Make an Accident at Work Claim If I Am an Agency Worker?

Who is Responsible for the Accident?

Determining responsibility for an accident can be complex in cases involving agency workers. The agency may argue that the end client or employer is responsible for the accident, while the end client or employer may argue that the agency is responsible. An experienced personal injury solicitor can help to investigate the circumstances of the accident and determine who is responsible for the accident.

What Can be Included in an Agency Worker Compensation Claim?

An agency worker compensation claim can include a variety of damages, including compensation for pain and suffering, loss of earnings, and medical expenses. The specific damages that can be claimed will depend on the individual circumstances of the case.

How to Make an Agency Worker Compensation Claim?

The process of making an agency worker compensation claim is similar to that of making a claim as a permanent employee. The injured agency worker should report the accident to the agency and seek medical attention as soon as possible. It is also advisable to seek the assistance of an experienced personal injury solicitor who can guide the injured party through the claims process.

When You Would Not Qualify as an Agency Worker

Not all temporary workers qualify as agency workers under UK employment law. Workers who are self-employed, work through a limited company, or are on a zero-hours contract are not considered agency workers. To qualify as an agency worker, an individual must be employed by an agency and work under the supervision and direction of an end client or employer.

What Does a Pay Between Assignment Contract Mean?

A pay between assignment contract is a type of contract that is used by employment agencies to employ workers between assignments. The contract stipulates that the worker will be paid during periods when they are not on an assignment, but will not receive the same benefits or protections as permanent employees. It is important for agency workers to understand the terms of their pay between assignment contract to ensure that they are receiving fair compensation and protection in the workplace.

Do Agency Workers Have Rights in the Workplace?

Yes, agency workers have a range of legal rights in the workplace, including the right to equal treatment in terms of pay and working conditions, the right to access facilities and amenities, and the right to be informed about job vacancies. These rights are protected under UK employment law and apply to all agency workers.

Agency Worker Accident Claims Guide
Agency Worker Accident Claims Guide

Employment Rights That Do Not Apply to Agency Workers

While agency workers have a range of legal rights in the workplace, there are some employment rights that do not apply to them. For example, agency workers do not have the right to claim unfair dismissal or statutory redundancy pay, as these rights only apply to employees who have been employed for a certain period of time.

How is Responsibility Proved for an Accident at Work?

In order to prove responsibility for an accident at work, it is necessary to establish who was at fault for the accident. This can be complex in cases involving agency workers, as responsibility may be shared between the agency, the end client or employer, and the injured party themselves. An experienced personal injury solicitor can help to investigate the circumstances of the accident and determine who is responsible for the accident.

I Am Responsible for an Accident at Work, What Procedure Should I Follow?

If you are responsible for an accident at work, it is important to report the incident to your employer or agency as soon as possible. You should also seek medical attention if necessary, and cooperate with any investigations into the incident. It is important to take responsibility for your actions, but also to ensure that your legal rights and protections are upheld.

As an Agency Worker, Can I Claim Losses and Damages in an Accident at Work Claim?

Yes, agency workers can claim losses and damages in an accident at work claim, including compensation for pain and suffering, loss of earnings, and medical expenses. The specific damages that can be claimed will depend on the individual circumstances of the case.

As an Agency Worker, How Long Do I Have to File an Accident at Work Claim?

The time limit for filing an accident at work claim as an agency worker is the same as for permanent employees, which is three years from the date of the accident or from the date of knowledge of the injury. It is important to seek legal advice and support as soon as possible to ensure that you do not miss the deadline for filing a claim.

If I Am Injured at Work, As an Agency Worker is it Worth Claiming Compensation? Yes, it is worth claiming compensation if you are injured at work as an agency worker. You have the same legal rights as permanent employees when it comes to making a compensation claim for an accident at work. If you are unsure of your rights or how to proceed with a claim, it is advisable to seek the assistance of an experienced personal injury solicitor.

Tips and Safety Measures

If you are an agency worker who has been injured at work, there are a few important tips to keep in mind to ensure that you are able to protect your legal rights and receive the compensation you deserve:

  1. Report the incident: As soon as possible after the accident, report the incident to your employer or agency. This will help to establish a record of the incident and ensure that it is properly investigated.
  2. Seek medical attention: If you have been injured, seek medical attention as soon as possible. Even if the injury seems minor, it is important to receive a proper diagnosis and treatment to prevent the injury from worsening.
  3. Keep records: Keep detailed records of the accident and your injuries, including any medical treatment you receive and any time off work that you require. This will be important in building a case for compensation.
  4. Seek legal advice: Consult with an experienced personal injury solicitor who has experience representing agency workers in compensation claims. They will be able to guide you through the claims process and ensure that your legal rights are protected.
  5. Don’t settle too quickly: Avoid accepting any settlement offers from your employer or their insurance company without first consulting with a personal injury solicitor. These offers may not fully compensate you for your injuries and losses, and an experienced solicitor can help to negotiate a fair settlement.

By following these tips and seeking the assistance of an experienced personal injury solicitor, you can protect your legal rights and ensure that you receive fair compensation for your injuries and losses as an agency worker.

How Much Compensation Can I Claim As a Agency Worker?

Body Part Injured Type of Injury Compensation Amount Range Estimated Average Compensation Amount
Head Minor Head Injury £1,940 – £11,200 £6,570
Moderate Head Injury £14,380 – £40,410 £27,395
Severe Head Injury £214,350 – £379,100 £296,725
Neck Minor Neck Injury £1,860 – £6,920 £4,390
Moderate Neck Injury £12,900 – £23,460 £18,180
Severe Neck Injury £42,680 – £139,210 £91,945
Back Minor Back Injury £1,950 – £10,970 £6,460
Moderate Back Injury £10,960 – £34,000 £22,480
Severe Back Injury £34,000 – £141,150 £75,075
Shoulder Minor Shoulder Injury £2,300 – £4,080 £3,190
Moderate Shoulder Injury £7,410 – £11,980 £9,695
Severe Shoulder Injury £18,020 – £42,110 £29,065
Arm Minor Arm Injury £5,810 – £16,830 £11,320
Moderate Arm Injury £16,830 – £34,340 £25,585
Severe Arm Injury £34,340 – £114,810 £74,575
Hand and Wrist Minor Hand Injury £700 – £4,400 £2,550
Moderate Hand Injury £5,260 – £12,460 £8,860
Severe Hand Injury £12,460 – £54,280 £33,370
Hip and Pelvis Minor Hip/Pelvis Injury £3,460 – £10,890 £7,175
Moderate Hip/Pelvis Injury £10,890 – £36,770 £23,830
Severe Hip/Pelvis Injury £36,770 – £114,810 £75,790
Leg Minor Leg Injury £1,000 – £10,890 £6,950
Moderate Leg Injury £10,890 – £23,460 £16,175
Severe Leg Injury £23,460 – £114,810 £69,635
Foot and Ankle Minor Foot/Ankle Injury £1,950 – £12,050 £6,800
Moderate Foot/Ankle Injury £12,050 – £23,460 £17,755
Severe Foot/Ankle Injury £23,460 – £96,150 £59,805

It is important to note that these figures are only estimates and the actual compensation amount awarded can vary widely depending on the specific circumstances of the case. Additionally, these figures do not take into account other factors that can impact the compensation amount, such as the impact on the individual’s ability to work and other relevant factors.