Factory Accident Claims
If the correct health and safety procedures are not followed within a factory environment, employees can be at significant risk of falling victim to an…
Read moreCan agency workers claim injury compensation?
If you’re an agency worker and have been injured at work in the past 3 years, you could be entitled to make a work accident compensation claim.
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Agency Worker Injury Claims
If you are an agency worker in the UK, you may have experienced an injury or illness while carrying out your duties. Whether the cause was a workplace accident or an illness you contracted due to poor working conditions, knowing your rights and whether you are eligible to claim compensation as an agency worker is very important.
The good news is that agency workers are legally entitled to expect the same health and safety protections as full-time and permanent employees. Subsequently, if you suffer an accident at work while employed as an agency worker, you are still entitled to make a work accident claim if your employer is at fault.
The personal injury lawyers we work with have helped agency workers across a multitude of industries claim the compensation they rightfully deserve. If you want to find out if you are entitled to make a claim, call free on 0800 470 0474 or arrange a call back. A friendly legal adviser will discuss the circumstances of your accident and let you know if you have a valid claim.
If you can make a claim, your injury lawyer will provide their help on a no win no fee* basis. This means there are no upfront costs and no financial risk – if they cannot win your case, you won’t pay them a penny.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
In this article, we will discuss the claims process for agency workers and the factors that can affect your eligibility to receive compensation.
What is classed as an agency worker?
Under UK law, an agency worker is defined as someone employed by an agency and then assigned to work temporarily for another company. Agency workers are also known as temporary workers or temps for short.
By law, agency workers have the same fundamental employment rights as permanent employees, including the right to receive equal treatment in terms of working conditions.
Agency workers are protected by the Agency Workers Regulations 2010, which came into effect in October 2011. These regulations give agency workers the same fundamental employment rights as permanent employees doing the same or similar work.
This means that after 12 weeks in the same role, agency workers have the right to the same basic employment conditions as permanent employees, including pay, working hours, breaks, and access to on-site facilities.
As an agency worker, it’s essential to understand your rights and to seek the advice of a personal injury lawyer if you experience an injury or illness at work.
What are the most common industries in the UK that use agency workers?
Agency workers are used in a variety of industries across the UK, but some of the most popular sectors that utilise a temporary workforce include:
- Healthcare: This includes hospitals, nursing homes, and care homes, which often require agency workers to cover for staff shortages or to fill unexpected vacancies.
- Construction: Agency workers are frequently used in the construction industry to fill short-term vacancies or to provide additional support for large-scale projects.
- Retail: The retail industry often utilises agency workers to meet the demands of busy periods, such as over Christmas or seasonal sales.
- Manufacturing: The manufacturing industry often requires additional workers to meet production targets, and agency workers are frequently used to fill these temporary vacancies.
- Warehousing and logistics: The warehousing and logistics industry requires a large number of workers to meet the demands of receiving, storing, and shipping goods. This demand has increased massively as more retailers are selling goods online. Agency workers are often used to fill these requirements.
No matter what industry you work in, if you have sustained an injury or illness and feel your employer was at fault, you could be entitled to claim compensation, regardless of your employment status.
The quickest way to determine if you are eligible for injury compensation is to discuss your case with a trained legal adviser. They will draw upon their years of experience to assess your case and let you know if you have a valid claim.
For a free consultation, call 0800 470 0474 or arrange a call back using our online injury claim form. There is no obligation to proceed, and your legal adviser will happily answer any questions you may have.
What are the most common accidents involving agency workers?
Agency workers are at risk of accidents in a variety of industries, but some of the most common accidents involving agency workers include the following:
Slips, trips, and falls
Agency workers are often hired to perform manual labour or work in potentially hazardous environments, which increases the risk of slips, trips, and falls. These types of accidents can be caused by poor housekeeping, spillages that are not cleaned up, cluttered workspaces and trailing wires.
Slips and trips at work can result in a wide range of injuries. This includes minor injuries such as sprains and lacerations to more significant damage such as broken bones, head injuries and facial scars.
Repetitive strain injuries
Agency workers who perform repetitive tasks, such as assembly line work, are at a higher risk of developing repetitive strain injuries, such as bursitis or carpal tunnel syndrome.
Repetitive strain injuries usually develop when carrying out the same repetitive tasks over a long period without adequate breaks or suitable protective equipment.
Lifting and manual handling injuries
Agency workers who perform manual labour, such as lifting and moving heavy objects, are at risk of developing musculoskeletal injuries, such as back pain or herniated discs.
If your job involves manual handling, your employer has a duty of care to ensure you receive appropriate training and PPE to carry out your tasks safely. They should also conduct regular risk assessments to minimise the risk of injury.
Exposure to hazardous substances
Agency workers in construction, manufacturing and agriculture industries may be exposed to hazardous substances at work, such as chemicals or dusts. Without the correct PPE, these can cause serious respiratory problems or skin irritations.
Vehicle accidents
Agency workers who drive as part of their job, such as delivery drivers, taxi drivers or forklift truck drivers, are at risk of being involved in a vehicle accident.
Road traffic accidents can result in a broad spectrum of injuries, including whiplash, head injuries, broken bones and injuries to the back and neck. Vehicle accidents, both on the road and within business premises, are also responsible for multiple fatalities each year in the UK.
Burns and electrical shock
Workers in industries such as construction or electrical work are at risk of suffering burns or electrical shock injuries as a result of working with electricity and electrical equipment.
An electric shock can cause significant injuries, including burns and damage to internal organs. Electric shocks can also be fatal in some circumstances.
Stress and mental health problems
Workers may also be at risk of developing stress and mental health problems due to working long hours, dealing with stressful situations, or facing discrimination or bullying in the workplace.
The above are just a few examples of some of the most common types of accidents at work. However, many other situations can result in a successful work accident claim. So if you’re an agency worker that has suffered an injury at work and want to find out if you can make a personal injury claim, it is best to speak to a solicitor as soon as possible.
Does the Health and Safety at Work Act 1974 apply to agency workers?
Yes, the Health and Safety at Work Act 1974 applies to agency workers in the UK. This act sets out the legal framework for health and safety in the workplace. It places a duty on employers to take appropriate measures to ensure the health, safety and welfare of employees.
This duty extends to agency workers, who have the same health and safety protections as permanent employees. Employers must ensure that agency workers receive the same level of health and safety training as permanent employees and that they are provided with a safe working environment.
Under the Health and Safety at Work Act 1974, agency workers also have the right to raise concerns about health and safety issues in the workplace, and employers must take appropriate action to address these concerns.
If an agency worker suffers an injury or illness as a result of their work, they may be entitled to make a claim for compensation. In such cases, it is advisable to seek the advice of a personal injury lawyer, who can provide you with expert guidance on the claims process and help to ensure that your worker’s rights are protected.
Who would my agency worker injury claim be made against?
If you were injured while working as an agency worker, your personal injury claim could be made against either the agency you work for or the company you were assigned to. The liable party will depend on the specific circumstances of your case.
In general, if the injury were caused by a failure on the part of the agency to properly assess the risk of the job and provide you with adequate training and equipment, then your claim would be made against the agency.
However, if the injury was caused by a failure on the part of the company you were assigned to work for to provide you with a safe working environment or to maintain equipment properly, then your claim would be made against this company.
It is important to seek the advice of a personal injury lawyer, who can help you determine the liable party and guide you through the claims process. They can also assist you in gathering the evidence you need to support your injury claim and negotiate with the liable party or their insurance company to secure the maximum compensation possible.
How do I make an accident at work claim as an agency worker?
The claims process for agency workers can seem complex and daunting. However, making a work accident claim is pretty much the same regardless of your type of employment.
It is important to understand the steps involved in making a successful claim. The first step is to report the injury or illness to your agency and to seek medical attention as soon as possible.
Once you have received medical treatment, you should contact a personal injury lawyer who can advise you on your rights and the best course of action. Your injury lawyer will be able to guide you through the claims process, including gathering evidence and making a claim to the relevant party, whether that is the agency you work for or the company you are assigned to.
Some examples of the type of evidence you can use to support an agency worker injury claim include the following:
- Witness statements – if anybody witnessed your accident or the immediate aftermath, it is helpful to obtain their contact details.
- CCTV footage – if your accident may have been recorded on CCTV, getting a copy of this footage can be beneficial evidence to support your claim.
- Photographs – if you have tripped on a trailing wire or been injured by faulty machinery at work, take some pictures to show the cause of your accident.
- Accident log book – all workplaces should have an accident log book to keep a record of any accidents or injuries that occur. You are legally entitled to receive a copy of this report if you are involved in an accident.
- Medical records – your medical records will be updated whenever you visit your GP, hospital or minor injuries unit with an injury or illness. Your injury lawyer will request a copy of this as part of the claims process.
You should also keep a record of any financial expenses related to your accident. For example, if you have had to take public transport to medical appointments or had to pay for prescriptions, keep a copy of the receipts. Equally, if you have lost wages from being unable to work, keep a record of these too. Your injury lawyer will use this information to claim these financial losses as part of your agency worker accident claim.
How long do agency workers have to make a personal injury claim?
In the UK, the time limit for making a personal injury claim is three years from the date of the injury, and this time limit is established under the Limitations Act 1957. However, there are exceptions to this rule, and it is always advisable to seek the advice of a personal injury lawyer as soon as possible.
One of the main exceptions to the three-year rule is when the claim is related to conditions and illnesses that develop over time. This includes conditions such as repetitive strain injury, mesothelioma and industrial diseases. In these situations, the time limit will usually start from the date of diagnosis rather than the date of the injury.
If you are under the age of 18 at the time of your accident, the time limit is suspended until your 18th birthday. This is because, in the eyes of the law, minors do not have the relevant mental capacity to conduct legal proceedings, so they would require an adult to claim on their behalf.
If you fail to claim within the applicable time limit, you can lose your right to compensation. For this reason, it is always in your best interests to seek the advice of a personal injury lawyer as soon as possible.
Can an agency worker make a personal injury claim if they work on a visa in the UK?
Yes, agency workers from other countries who are working in the UK on a visa are entitled to make a personal injury claim if they suffer an injury at work.
All workers, regardless of their immigration status, have the right to a safe working environment and to seek compensation if they suffer an injury due to their employer’s negligence. This includes agency workers who are working in the UK on a visa.
If you are an agency worker who is working in the UK on a visa and have suffered a workplace injury, it is important to seek the advice of a personal injury lawyer as soon as possible. An injury lawyer can advise you on your legal rights and help you claim the injury compensation you are entitled to.
It is important to note that making a personal injury claim will not affect your immigration status or your right to work in the UK. However, if you are concerned about your immigration status, it is advisable to seek the advice of an immigration lawyer in addition to a personal injury lawyer.
Find out if you can make an agency worker accident claim
To find out if you are entitled to make an agency worker accident claim, the first step is to receive a free case assessment. You can arrange this today by calling 0800 470 0474 or requesting a call back.
During your free consultation, a trained legal adviser will ask you a few questions to determine if you have a valid claim. If you do, they will connect you with an experienced personal injury solicitor that provides a no win no fee service.
As the name suggests, no win no fee means you have absolutely nothing to pay if your claim is unsuccessful. You will only pay your solicitor a fee if you win your compensation claim, and this fee is capped at a maximum of 25%.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
