You may be entitled to claim compensation if you are injured in the workplace and you are employed on a temporary basis by an employer. However, you would need to show that you did not cause the accident at work in which you were injured and that it occurred either due to the negligence of an employer or a fellow worker.
To find out more about an accident at work claim if you are an agency worker, what rights you have in the workplace and the evidence required to support your case, please read on.
- Agency Worker Definition
- When You Would Not Qualify as an Agency Worker
- What Does a Pay Between Assignment Contract Mean?
- Do Agency Workers Have Rights in the Workplace?
- Employment Rights That Do Not Apply to Agency Workers
- How is Responsibility Proved for an Accident at Work?
- I Am Responsible for an Accident at Work, What Procedure Should I Follow?
- As an Agency Worker, Can I Claim Losses and Damages in an Accident at Work Claim?
- As an Agency Worker, How Long Do I Have to File an Accident at Work Claim?
- If I Am Injured at Work, As an Agency Worker is it Worth Claiming Compensation?
- Would a No Win No Fee Solicitor Represent Me As an Agency Worker Injured at Work?
- Informative Links
Also known as “temporary staff”, the definition of an agency worker is as follows:
- A person who is employed by an organisation, company or business on a temporary basis sourced through an agency
If you are an agency worker, you would have signed a contract with the agency you choose to work with. The agency then finds work for you with employers. With this said, even when you work for an employer on a temporary basis, the employer would be responsible for providing you with instructions on the type of work you would need to carry out for them. In order to qualify as an “agency worker”, you would need to meet the following criteria:
- That you are under contract to an agency
- That the agency finds you temporary placements with employers
- That the job you carry out is “controlled” by the employer that an agency placed you with on a temporary basis
- That you are not classed as being “self-employed”
If you are unsure as to whether you qualify as an agency worker and you suffered an injury in an accident at work, you should contact a solicitor at www.accidentclaims.co.uk who would quickly assess your employment status before providing vital legal advice on whether you would be entitled to claim compensation as an agency worker in the employment of a business, company or organisation on a temporary basis.
There are certain instances where you would not be deemed to be an agency worker which is explained below:
- An agency sent you to work for an employer on a temporary basis but you are a “self-employed” person
- The terms of the work you do for an agency come under a “Managed Service Contract. Examples are if the agency sends you to work for an employer who has entered into catering and cleaning contracts
- A business, company or organisation directly employs you on a temporary basis which is known as “in-house temporary staffing bank”
- You found the temporary work yourself or a recruitment agency found the work for you
- You work for an organisation, business or company on secondment or because you are on loan from another employer
If you contact a solicitor, they would be able to tell you whether you would qualify as an agency worker or not which they would do in an initial, free, no obligation consultation.
Some agencies request that you sign an agreement which is referred to as a “pay between assignment contract”. If you enter into the agreement with an agency, as an agency worker you would be deemed to be an “employee” of the agency. Should this be the case, your rights would not be the same as those of other agency workers who did not enter into a “pay between assignment contract” with an agency.
The reason being that the agency would pay you a wage when you are between temporary jobs if there is no work available. Having signed the contract with the agency, you would not be deemed to be an employee of the business, organisation or company that you work for on a temporary basis. In short, if you are involved in an accident at work that leaves you suffering from an injury or you develop a work-related health issue, the agency would be liable and not the employer you are working for on a temporary basis.
Even if you have signed a “pay between assignment contract” with an agency, you have specific employment rights which are as follows:
- You are paid the minimum wage
- No deductions that are deemed unlawful are deducted from the wages you receive
- You are not discriminated against which includes if you are disabled, because of your age or gender reassignment, marriage, civil partnership, maternity, pregnancy, belief, religion, sexual orientation, race or sex
- You are not “discriminated” against because you are employed on a temporary, part-time basis
- The number of hours you work in a week is limited – there may exist exceptions
- You are entitled to paid holidays
- When attending a grievance or disciplinary hearing, you are accompanied
- You are not picked on, discriminated against or fired for whistleblowing
- You receive unpaid parental leave providing the required criteria is met
- The right to request flexible hours when you return to work as long as the required criteria is met following parental leave
- You receive SSP – statutory sick pay, statutory maternity pay, statutory adoption pay, statutory paternity pay as long as qualifying conditions are met
- The environment is safe for you to work in
- You can file certain claims through an employment tribunal
If you feel that your rights are being abused, you should contact a solicitor at www.accidentclaims.co.uk who would provide essential legal advice on whether your concerns are correct before recommending what you would be entitled to do to address the issues you are facing.
Agency workers do not have the right to do the following if injured in the workplace:
- The right to claim statutory redundancy pay
- The right to file a unfair dismissal claim if fired without good reason or without being given notice
- The right to claim parental and adoption leave
- The right to a written statement detailing the main terms and conditions of employment
As an agency worker, you would not have the right to do any of the above, but if you are unsure of your rights, you should discuss this with a solicitor who specialises in employment law before doing anything else.
Proving responsibility for an injury sustained in a workplace accident is essential if as an agency worker, you are thinking about seeking compensation from an employer. This can prove challenging in some instances whereas in other situations, liability is clear cut. However, agency worker accident at work claims can be complex and you should seek legal advice sooner rather than later so you know where you stand.
An accident at work lawyer would listen to the circumstances surrounding the incident that left you injured before recommending how best to pursue a claim if they believe your claim against an employer is valid.
Should you feel that you are responsible for the workplace accident that left you injured, as an agency worker, the first thing you should do is seek medical attention. Following this, you should ensure that the workplace accident and the injury you sustained is reported to the employer or to the person in charge of the work environment. Other steps that you must take following a workplace accident are as follows:
- Check that the accident has been recorded in the work’s Accident Book
- If you find there is no Accident Book, you should note down all details relating to the workplace accident and your injuries before sending the information to the employer either in a registered letter or a personal email and you should keep a copy for your records
- If you cannot report the incident yourself, you have the right to ask someone you trust to do this on your behalf
- Make sure you get an official medical report detailing the extent of the workplace injuries you sustained
You also have the right to report an accident at work in which you were injured to the Health and Safety Executive especially if you think that the work condition are unsafe. If you are a trade union member, you also have the right to make a report to a representative.
If you suffer injuries at work through no fault of your own and you are an agency worker, you could be entitled to seek compensation by filing an accident at work claim against an employer but only if you can prove negligence on their behalf and that the employer is responsible for the work you are tasked to do for them. The employer would also have to provide you with all the tools needed to carry out jobs. Should this be the case, you would be able to claim the following:
- You can claim “general damages” for the distress, pain, suffering and loss of amenity
- You can claim “special damages” for all your out of pocket expenses which can be directly linked to the workplace injuries you suffered as an agency worker
The general damages you may be awarded would be based on the Judicial College Guidelines, whereas special damages are based on “actual” expenses you incurred which would include the following:
- Your medical expenses
- Your travel expenses – this would include the cost you incurred travelling to and from the place where were being treated for the workplace injuries you sustained as an agency worker whether you go by car, bus, train or taxi
- Your care costs – should you require daily help around the home
- Your loss of earnings
- Any loss of future earnings
- All other expenses that can be directly linked to the injuries you suffered in an accident at work
If you have any doubts as to what you may include in an accident at work claim as an agency worker, you should speak to a solicitor at www.accidentclaims.co.uk who would offer essential advice on what can be included and what may not be included in your claim against a negligent employer you worked for on a temporary basis.
The statutory time limit associated with all personal injury claims stands at 3 years whether you are an agency worker or an employee who works full-time. However, the time limit would begin at different times depending on several things which are explained as follows:
- Three years from the date you suffered workplace injuries through no fault of your own as an agency worker
- Three years from the date of your 18th birthday if you suffered workplace injuries as an agency worker prior to this date
- Three years from the date a medical professional diagnosed you as suffering from a health issue they link to the workplace injuries you suffered
If you do not abide by the strict statutory 3 year time limit when filing an accident at work claim against a negligent employer, your case would not be valid even if you have sufficient evidence to prove you sustained a workplace injury because the employer failed to keep you safe at work.
Providing you have a valid accident at work claim against an employer who could be held liable for the injuries you sustained, it is always worth seeking compensation. The reason being that you may not be able to work during the time it takes you to recover and as such, you would not be able to bring in a wage to pay your monthly outgoings. Should this be the case, it can mean financial hardship for you and your loved ones. It is also worth noting that all UK employers are legally obliged to hold valid liability insurance and the cover must meet the legal requirement of £5 million.
If you are injured at work as an agency worker and you were not to blame for the accident happening, it is your right to be compensated for your injuries and it is the employer’s insurance provider who deals with your case from the outset and it is the insurer who pays out the accident at work compensation you would be entitled to receive.
As such, if you need any assistance when it comes to filing for compensation and who could be held responsible for the workplace injuries you sustained, you should contact a solicitor at www.accidentclaims.co.uk who would quickly determine whether you have a strong case and who would be deemed liable.
If, as an agency worker, you are worried about the cost of filing an accident at work claim to seek compensation for injuries you sustained, it is worth noting that the majority of solicitors in the UK now offer No Win No Fee terms when representing employees and other workers who suffered injuries in the workplace through no fault of their own.
A solicitor would first need to determine whether your case against a third party is valid which they would do by offering you a no obligation, initial consultation which would be free of charge. Once a solicitor has established who could be held responsible and that you have sufficient evidence to support your agency worker injury claim, they would begin their investigations without asking you to pay an upfront fee for them to do so. This is because you would have signed a No Win No Fee agreement with the solicitor which is otherwise known as a Conditional Fee Agreement.
This is a legal contract between you and the solicitor which establishes both the Terms and Conditions of the agreement and the “success fee” that would only be payable when you win your accident at work claim as an agency worker. The amount that would be due is deducted from the compensation you are awarded. Should you lose your case, the “success fee” would not be due because the solicitor agreed to waive their fee if they did not win your agency worker accident at work claim.
If you were injured in an accident at work as an agency worker, and you would like to know more about the law that protects you and other employees, please follow the link provided below:
If you suffered an injury at work because an employer failed to provide the correct industry standard PPE, and you would like more information regarding personal protective equipment, please click on the link below:
For more information on employment status and the law, please click on the link provided below: