Can agency or temporary workers claim compensation after an accident at work?

By Ian Morris | Updated June 22nd, 2023

96 questions have been answered on this subject, why not ask your own?

Temporary or agency employed persons often ask us whether they have the same rights if they are injured at work as full-time or contracted staff members. In simple terms, the answer is yes, they do, and can pursue a no win no fee claim for compensation just like their full-time, contracted colleagues. It also does not matter whether you still work for the employer, you can make a claim for any accident at work if the injuries sustained were a result of employer negligence.

Many of those working on temporary contracts or via agencies are not given the correct training, risk assessment or support and hence are in fact more likely to be injured at work. It’s important to remember that employers have responsibilities, and these cover full-time, part-time and temporary agency staff working for them.

Who do you claim against, the agency or the employer?

After an accident, agency workers can be unsure who is responsible for looking after them and who they can make a claim for compensation against. All employees are governed by the same health and safety at work regulations, though if you work through an agency, there are potentially two parties responsible for your injuries. Generally speaking, the business for whom you were working at the time of an accident rather than the agency who provide you the job, is the party against whom a claim will be made. However, there could also be some liability against the agency. Therefore, it is wise to ensure that you report your accident to both parties.

The employer you are sent to has responsibility to ensure you are properly and safely inducted in to the workplace and provided with the necessary training and guidance to work safely. Agency workers should also have knowledge of company procedures, how to access support and how to report any incidents and where to seek first aid assistance, for example. Employers have a responsibility to provide a safe environment in which to work and as a worker, your responsibility is to follow the working practices and safety training guidance provided to you.

If you are an agency or temporary worker and you have been injured in an accident at work because your employer has not provided you with the right training, or failed to ensure that you could work safely with the correct PPE to minimise the risk of injury, we can help you make a claim.

What agency workers should do after an accident at work

Agency staff should follow the same steps after an accident at work as their permanently employed colleagues. Decent employers should already have steps in place to ensure that you can properly record and report any accident in the correct manner. Of course, when you are working under the placement of a 3rd party employment agency, you should also report your accident to them as well. Just ask for the accident book and ensure that the details are recorded fully and in your words.

It is also important that medical attention should be sought for any injuries sustained so you have evidence on record. One of the major benefits of making a claim is the possibility of accessing excellent rehab therapies to speed your return to work and get back to normality. Our specialist solicitors will look to obtain such treatments for claimants if possible. Such rehab can include physiotherapy, massage therapy, osteopathy and many other kinds of intervention.

Claiming sick pay and lost income

Like any employee, agency workers are worried about losing their income whilst they are unable to work and want advice from us about this. Sadly, it is common practice for many workers, not just agency workers, that they do not receive sickness pay and therefore have to survive on Statutory Sickness Pay (SSP). With this in mind, it is important to make a claim for accident at work compensation as part of the settlement will include all lost income (the difference between SSP and the usual take home pay) during their absence from work.

With an agency or temp position, it can be harder to prove the length of time a position would have been available for, and therefore how much wages would be lost, compared to a permanent employee. However, Solicitors are well versed in the pursuit of lost earnings when claiming compensation and will ensure that all possible routes to recovering income – both past and future – are explored.

How Direct2Compensation can help

At Direct2Compensation we know your rights and can help any agency or temporary worker to start a no win no fee claim after an accident at work. We can help ensure the details of your accident at work have been properly reported and recorded in the workplace where the incident happened and also with the agency who have provided your services. If the cause of the accident was not your fault but because of employer negligence, Direct2Compensation and our solicitor partners are likely to succeed with your claim for personal injury compensation. We make sure that our claimants know how to maximise their claim and get a fair and just settlement.

If you are an agency worker or temporary member of staff who has been injured in an accident at work, or if you are looking in to this for someone who has, you should contact us today to find out more. Call us on 01225 430285, or if you prefer, . We’ll find out more about your situation and advise you as to whether or not we feel you have a viable claim for accident at work compensation.

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Questions

Read on for questions and advice about claiming, plus agency worker claim examples...

Working for a agency loading parcels into a metal container. I caught my hand on the side of the container trying to fit the package into a tight space, because we are told to use all possible space. When catching it I got a fracture to my right hand. Resulting in two visits to hospital for a X-ray and diagnosis of a fracture. I have been signed of for four weeks for now, and was told no heavy lifting for 12 weeks. I have waited 2 weeks for contact from the main company we are working for (DHL) to take details of the incident. The agency say I will only get ssp . How do I stand on this matter?
Many thanks

In terms of pay, the agency are correct in that you won’t receive your usual income during any period of absence – despite the cause being an injury sustained at work. The only way you can recover the difference between any SSP income you receive and the usual income you should have received is to succeed with a claim for personal injury compensation as the special damages element of any settlement you go on to receive will include any lost income.

It is disappointing that the main employer has yet to obtain your statement regarding the injury and this doesn’t reflect well on them. I recommend that you make your own written statement of the incident and injury in an email to the agency (and copy the same to the main employer) to ensure that the details of the incident are on record with the right people. Your statement should state what happened, how you were following instruction in using every available bit of space and note the injuries obtained.

We would like to help you further in making your No Win No Fee claim for personal injury compensation and recovery of lost income. You can make contact with us on 01225430285 or you can use our website to start your claim if you prefer.

I’ve been a postman for over a year working through an agency, whilst struggling to push some mail through a letter box, my hand slipped through to the other side and a dog on the opposite side of the door bit my finger, being a deep wound, had to goto a and e and now unable to use my finger until it’s healed and so unable to attend work.

Do you know if any other postal workers have ever been attacked or bitten by the dog at this address? You may be able to pursue a claim and we would be happy to investigate this further for you. Please ensure that the incident is recorded with the employer (accident book entry) and then use our website to make further contact with us and we’ll have our Solicitors consider this matter in detail for you.

Do agency workers get loss of earnings?

Agency workers are afforded the same rights in terms of a claim for personal injury compensation as a permanent or fixed term contract employee. When it comes to recovery of lost income, it can be harder for an agency worker to recovery longer term loss of income as a defendant may argue that the agency work was short term and was due to end after a specific time. However, our specialist Solicitors will ensure that along with maximising the settlement value for the injury element of a claim, that all recoverable lost income and costs are included in the special damages element of their claim.

If you would like further help or want to start your claim, please call us on 01225430285.

Hi I am an agency worker, employed by a recruitment company, and have worked on site for a period of 7 successive months.
I was carrying out my duties when a heavy cage of parcels struck me from behind.
I turned around to see the person pushing the cage had pushed and let go of the cage that was hurtling towards me some distance away and turned and walked in the opposite direction. In my understanding the worker was on his first shift and was undergoing on the job training with a fellow agency worker.
The first aider had a look and advised me to seek medical evaluation at the hospital.
The nurse confirmed a swollen Achilles tendon which said would go down and become less painful in a week or two.
I was then called to the main office where two senior managers told me they had reviewed the cctv footage and my description of events did not match the footage reviewed by 3 managers and i would be escorted off site suspended until their investigation was completed.
I then done this and notified my agency of these events. The agency told me they had not been contacted or even told about any of the events including the incident, me leaving site to go to hospital or the decision to walk me from the site.
Did not consult my agency on any of the events or their decision to remove me from site.
I am now left not knowing how to pay my bills as i wont be paid if I am absent and unable to find alternative work with an injured foot.
Do you think I would be entitled to make a claim against such a big company for the hours i’m now sure to miss out on as a result of this?

If there is CCTV footage of the incident, there should be no concerns for your employment or for anyone to agree with your version of events.

In terms of the accident itself and the injury sustained, we have successfully pursued a considerable number of identical claims for people injured by colleagues pushing cages of stock without clear sight ahead of them. We would be keen to speak further with you in order to explain your rights and help you to make a claim for work injury compensation.

Hi, I got a hernia after 6 weeks of heavy lifting by myself, as a colleague who helped me lift had left before then, the management made little effort to replace the missing colleague, so I was expected to continue on my own in the dispatch warehouse. I only had help about 3 times normally for 2 – 3 hours and as no one else liked working in the warehouse, I was always by myself. I left when I noticed the hernia but no one ever asked me how I was weeks after I had left the job. I was working as an Agency employee.

Do you think I have a case?

Did you ever report the injury to the employer? You can certainly make a claim for compensation and we would be happy to help you to do so.

Hi
I was asked by removal firm to fit steel panels around a new warehouse they had moved into for security reasons.
PART OF THE ROOF COLLAPSED.
THIS RESULTED IN ME FALLING 12FT onto the concert floor.
The result of the fall was BROCKEN LEG & BADLY DAMAGED ANKLE.
The owner says I have no legal rights as I had no paper contract and I should have supplied him with a RISK ASSESSMENT.

I would like your opinion on my situation.
Thanks for your time.

Clearly, the building was in a poor state of repair indicating negligence on the part of the company you were working for. Although you may end up having to accept some contributory negligence in this incident, we don’t feel that should be the starting point. We feel you have valid grounds to pursue a claim and that the removal firm in question have plenty of questions to answer regarding the accident you have had and the injuries you have sustained.

I slipped off the tail lift of my waggon injuring my leg, hip, back and head. I don’t think that there was really any negligence from either party, so does this mean I can’t get any financial assistance or make a personal injury claim? I’m an agency worker.

To be able to make a claim for personal injury compensation, a claimant needs to be able to identify negligence against another party – whether that be an employer or a 3rd party of some sort. In your case, if you simply misplaced your footing and fell from the tail lift, you would not have any right to make a claim as you were the ‘at fault’ party. However, if the tail lift had a substance on it that caused you to slip, had a fault or if there was an external issue that caused the injury such as no lighting at a delivery site etc, you may have grounds to pursue a claim.

In your case, the best course of action would be to contact us for a further discussion. Our specialist team know your rights and after discussing your injury at work, would be able to ascertain whether there was any prospect of successfully pursuing a claim for personal injury compensation.

I work in a restauarnt as “casual worker” under an agreement. I slipped on the floor and my knee was broken. As a casual worker, what kind of benefits I can claim?

Casual workers are entitled to the same rights in personal injury claims for a slip at work as those workers employed on a full-time or permanent contract.

I work for a private mental health facility as an agency worker, I was attacked in work last night by a patient and my eye is badly hurt. I cant afford to have time off, there is no time to go to the hospital as I have to be in work. I seem to be the only one properly trained, no-one came to my help because they were scared! I have phoned the agency they can’t pay me and the private company wont pay me. I am on minimum wage £9 an hour and can only just afford to live and pay bills. If this did go to court could they get rid of me which I could not afford to do?

It would be unlikely for a personal injury claim of the type that you would potentially pursue to end in a court hearing. Further, an employer cannot terminate your employment for simply pursuing a legitimate personal injury claim. You have a legal right to make a claim and every right on a moral basis to do so too.

As you are an agency worker, you don’t have the same employment security as a permanent employee, but you do have the same rights after an injury at work when it comes to personal injury compensation and making a claim. If you are unable to work and don’t get paid as you usually would, the only way you can recover your lost wages, is by making a successful claim for personal injury compensation.

Our specialist Solicitors have carried out a considerable amount of work for people working in the care, support work and mental health industries and although some of the work within those sectors does pose an increased risk of injury, employers still have a duty of care to ensure that the correct hand over notes are in place, that care plans and patient records are updated and that staff are made aware (and adequately trained and qualified) to work as safely as possible within those settings.

I’m working with care agency, I went to work with young people. Staff asked me to take one young person to park for kicking ball. On doing so the grass was wet, I slipped and twisted my ankle and knee, my leg is hurting, I can still walk but in pain. I’m asking if I’m entitled for compensation?

Sadly, although you have been injured whilst at work, there would not appear to be any element of employer negligence against which you can pursue a claim. The employers insurers would mount a defence of an unfortunate and unpreventable accident.

Hi,
I was injured as a Temporary Worker assigned to a Hotel in a Kitchen.
I have had 7 weeks without work due to a grade 2-3 scald Burn due to losing grip on a Pot with a broken / missing handle, this was the last day for a 2 week placement.
My Agency did not offer SSP as it was the end of the contract, and I have had several hundred pounds of travel expenses (Taxis to and from Hospital, as I could not drive).
Am I entitled to at least SSP?

While most people will still get paid after an injury at work, you are probably not entitled to SSP due to the qualification process required. However, you have a right to pursue a claim for personal injury compensation which (if successful) would see you recover your lost income and expenses. It would appear that you have a strong basis upon which to pursue a claim and we would be very happy to help you to do so.

Hello, I signed up to a job agency. I worked for a company called Duraweld making face shields by hand, we individually had to make 1600 plus per shift or you were out and replaced.
Whist working the last shift I felt my left shoulder burning and in great discomfort, pushing my physical limits to compete the order.
Months later I’m still seeking medical attention due to torn tendon in my left shoulder and I’m in a lot of discomfort.
Last week I had a cortisone injection to relieve pain but as yet it’s not working. I’m waiting for a consultation with the musculoskeletal physiotherapy clinic which will be a phone call on the 14th June to determine what to do next as I’m struggling to work, drive, and anything to do with moving my left arm.
I’m also deprived of sleep. I didn’t report this to the work place or the agency for fear of not getting work .
Do you have any advice please?

Have you discussed the potential cause of the injury with your Doctor? Did you mention the work you were doing and the workload you were expected to cover? As you may appreciate, as the injury was not and has not been reported to the previous employer, it does weaken your case or at least make it easier for the company to defend any claim.

However, if the employer failed to give you appropriate training, adequate breaks and hadn’t properly risk assessed the work or workload, there is a prospect of succeeding with a claim.

I have recently broken a bone in my foot whilst at work. I was using an electric pump truck and was walking backwards when my heel of my foot pushed against a corner of a pallet so I slipped backwards and the pump truck kept on going and twisted my foot 90degrees clockwise whilst my leg stayed the same way. Manager dropped me off at home as they stated it was probably sprained and to get it checked out at a different time. After a while at home it got worse so I rang the hospital and eventually had an xray and confirmed I had broken a bone in my foot. I am currently an agency worker working for the company for 4 weeks.

I was just wondering what is the process of being off work and payments as I still have bills to cover and a house to keep over my wife and kids head.

Many thanks

Firstly, it would appear that you have valid grounds to pursue a claim against the workplace and their insurance cover for such incidents. As you have tripped over a pallet, there may be grounds to argue that the workplace was unsafe due to hazards and obstructions. If you would like to discuss this further and gain a better understanding of your rights, please call us on 01225430285.

In terms of your pay, sadly, if you cannot work, you are likely to be unpaid. Employers are not obliged in law to provide sick pay – even if you are off through injuries sustained at work – and your only way to recover lost income will be by way of making a claim for personal injury compensation. You may be entitled to Statutory Sick Pay or other benefits in the period when you cannot work, so you should look in to that too.

Hello,

I’m currently an agency working contracted to Royal Mail for 13 weeks. After 13 weeks Royal Mail are going to take me on a contract. However on Monday I was out doing a round and went over on black ice, causing a sprained ankle ligaments and a gash on my hand. I can’t do my round for a few weeks whilst I recover however I tried to do the larger parcels in the van today but even that was a struggle and I can’t do. I’m worried about losing income and not receiving any pay if I take time of work so I don’t know whether to grim and bear the pain or try and seek some compensation if I can?

Unfortunately, if your slip was on ice on a residential pavement or road, the prospects of succeeding with a claim are unlikely to enable you to pursue such action. Ice is a naturally occurring weather phenomenon and does pose an inherent slip risk. Whilst local authorities do have a duty of care to grit the major road network, including bus routes, they are not required to treat pavements or residential areas. Therefore, it is unlikely that you will be able to take action against them and your employer is unlikely to have been negligent.

Are agency employees still allowed to claim for future loses against an employer?

Agency/Temporary workers are afforded the same rights in terms of claiming compensation as any other employee. Of course, with an agency or temp position, it is harder to prove that the length of time a position would have been available (and therefore loss of wages) than in the case of a permanent or fixed term contract employee. However, Solicitors are well versed in the pursuit of special damages recovery when claiming compensation and will ensure that all possible routes to recovering loss of income – both previous and future – are exercised in the pursuit of a claim.

I currently have an accident at work claim in but the company has deferred the claim to the agency I work for rather than the companies insurance paying for the accident.
Is this a normal thing for a company to do?

Generally speaking, the business for whom you were working at the time of an accident rather than the agency who provide you the job, is the party against whom a claim will be made.

Hi,
Last Tuesday I started first day on site through an agency dismantling and reinstall metal fence. At work the fence pinged back and I took about 70kg to the head. This causing me to hit the floor and as I stood up realised there was blood one side and that both sides of my head took impact.
Anyways off up A&E I find out I have a small bleed to the brain due to impact. They kept me in overnight for observation, slapped me on anti seizure tabs told me to rest for 7days.
7days on I’m still uneasy on my feet and awaiting a call from the GP.
Where do I stand with a claim? Is it worth it?
I’m having to sign on with the government to help as my girlfriend and I have a 3 week old baby that’s costing a small fortune already.

Undoubtedly it is worth making a claim in such a scenario. Firstly, there is likely to be a successful claim given the nature of the work, potential lack of training or appropriate risk assessment. Perhaps more importantly, the nature of the injury you have sustained could have serious longer term consequences – hopefully not, but any head injury that causes a bleed on the brain is a serious issue. With that in mind, pursuing a claim will not only enable you to claim compensation for the pain, discomfort and upset caused by the initial injury at work, but would also open up the opportunity to have specialist medical assessments undertaken to provide a prognosis regarding any longer term consequences. As such, if any further problems were expected, an expert would be able to provide a report and this would ensure that any settlement would account for future medical costs or future loss of income. You would also be able to recover lost income for the period of time you have had to have off work immediately as a result of the accident.

Hi,
My dad works for a shop as an agency worker. He was assaulted at work during a robbery. The individual who attacked him has not been caught. Due to this attack, my dad suffered a head injury and has anxiety. I was wondering if it is possible to seek compensation from the agency he works at.

Your Father has a right to make a claim for compensation. Whether there is any liability to attach to the employer is questionable as the injuries were caused by an act of criminal violence against your father. However, our specialist Solicitors can help by making a claim on a No Win No Fee basis to the Criminal Injuries Compensation Authority (CICA).

Please call us on 01225430285 to find out more about this process and the options available to your father (as you can claim directly to it without legal help if you wish – although we would always recommend instructing a specialist Solicitor to act) and how we can help in this process.

If an agency staff member gets hurt at work is the client legally obligated to let the agency know that their employer has been injured? Please bear in mind that the client has said they are not legally obligated to let the agency know that the worker was injured, however as the worker is the agency’s employee does the client legally have to let someone in the agency know? Also a claim has been made against the client by the injured worker and he’s been banned from working there forever, is this allowed or can action be taken against this?

The agency IS the employer in this scenario, but they have contracted the worker to a 3rd party for the day or whatever period. In terms of an accident at work, the party for whom the injured person was working on that day would likely be the liable party, but the agency should be informed.

As for whether the injured worker should be allowed to work at the same site again, the business facing the claim would be within their rights to not wish to have that worker on site again – albeit it seems churlish of them to make such a rule.

In September last year I was working as a Agency HGV driver when I had an accident at work where I broke my wrist requiring surgery and 3 months off work. Whilst I returned to work I found it difficult to carry out heavy duty tasks and had to turn work down.

The accident occurred on a customer’s site where I was asked by the warehouse worker to move any item in the trailer. As the worker didn’t speak good English I was unable to understand what he was asking me to do, I had to climb into the trailer to point until I understood his request, which was to unclip a strap from the body of the trailer (therefore I needn’t have climbed inside). I unhooked the trailer steps and positioned them correctly to climb inside, on climbing back down I went to grab hold of the handle but unfortunately it didn’t seem to be there and I lost my balance and fell: landing on my wrist. The worker watched me fall and walked away leaving me in pain and alone to seek help.

As stated, I was admitted to hospital for surgery where I have had a plate and screws fitted to my wrist. Do you think I have reasonable grounds to claim compensation for the injury and lost income?

Our initial view is that there is a valid case to investigate. Whether or not our specialist Solicitors would succeed with your claim would only be known once further work had been undertaken and the proposed defendant given the opportunity to mount their defence. Given the nature of the injury you sustained and the surgical intervention you have had, it is clear your wrist will never be as good as it was before your fall. Therefore, you have every right to make a claim.

I was taken on as a temp employee, a such I have only been there since 28/3, today a fully loaded 6ft cage fell of the lowered tail lift onto me, I was on the floor with the cage on top of me. Attended hospital and no broken bones but substantial bruising & pain. I am resembling a map at the moment. Please advise on whether I have a claim – thanks

You definitely have a valid claim for personal injury. The fact that you are a temp employee and have not worked at this employer for long is irrelevant and will not prevent you from making a claim. My initial view is that you are likely to succeed and that this is a matter that should be pursued.

Thank you, I will do in due course. I feel it is only fair to offer the company a chance to put things right initially. As I am at home and not due back for at least a week. Where I will endeavour to speak to management in more depth. Thank you for your time Ian.

You are being very fair to the employer! Do let me know how you get on and whether or not you decide to pursue a claim, we wish you a speedy recovery.

Hi there

I am an umbrella contractor employee and was working at a school where I was attacked. I am unsure who I would put my claim against, the umbrella company of which I am ’employed’ or the school where the incident took place and my place of work.

It is most likely that the liable party would be the employer/workplace where the incident happened and not the umbrella company for which you work.

Does what as described up above regarding temp worker rights apply if you are terminated 2 days after your work related accident occured? Also what if my employer never reported my incident and terminated me to avoid having to deal with repercussions. Also what happens after reporting my injuries to the agency and asking numerous times for copies of my written statement following the incident and then never receiving them through many attempts?

It does not matter whether or not you still work for the employer, you can make a claim for an accident at work if the injuries sustained were through no fault of your own and the details are recorded.

Hi, as an agency Driver, I had a trip at work 2 weeks ago due to a loose curb stone on site which resulted in an injury to my left wrist (bruising and swelling documented). At the hospital they suspected a fractured scaphoid, but yesterday they confirmed that there was no fracture. As an HGV driver I have not been able to work since.

The company took all relevant details and completed the accident at work forms including conducting an investigation. I have been advised that the loose curb stone has been repaired.

Am I entitled to make a claim for injury and loss of wages?

The cause of your injury is not the fault of or due to the negligence of your employer. As you were injured due to tripping on or stumbling due to a loose and broken curb stone, any claim would be against the local authority that is responsible for the area where you fell.

To pursue a claim in this scenario, you would need to provide photographic evidence of the broken curb. If the curb has been repaired and you don’t have such photographic evidence, it is likely that you won’t be able to take further action.

I have sustained an injury to my lip due to my manager throwing an object at me. He did not deliberately mean to injure me. Have been to hospital and they have glued the wound, but today it is extremely swollen and painful. I am agency staff so do not have a full contract with the company yet. What rights do I have as I have had to take the day off today?

You should certainly make sure that your injury and cause is recorded in the accident book – both at the place of work and ideally with the agency with whom you are registered. Whilst the Manager who caused your injury may not have intended to cause injury, the fact that they were throwing an item at or to you is clearly an act of negligence.

To recover any loss of income, your only option (other than to appeal to them to pay you for a missed day – which they would be within their rights to decline) would be to pursue (and succeed with) a claim for personal injury compensation. Under the current personal injury compensation system, a claimant is entitled to recover compensation for their injury and also to recover any incurred costs or loss of income caused by the injury.

In your case as you have had to have medical treatment to a laceration to the lip that is likely to leave some permanent scarring, if you were to succeed with a claim, your settlement would reflect the impact that such a scar may have upon your confidence and self-esteem.

We would be happy to assist you in furthering a claim for compensation. If you would like to take action with our No Win No Fee Solicitors, we’ll need to speak with you on the phone to take some initial information. Our Solicitors would then be able to call you directly for a detailed chat about the incident and then advise you further with regards to pursuing a claim.

I had an accident while working for an agency. I was sent to a site and I broke my finger. The site that I was working on have told me that the agency didn’t register me so who do I claim from, the employer on site or the agency I wasn’t registered with?

As you were injured whilst working on the site and were technically employed by the building firm or construction company running the site (as they had contracted you via the agency with whom you are registered), your claim – if your injury was caused by negligence – would be against the business controlling the construction site.

In order for us to advise you as to whether or not you have a valid claim, we need to know a little more about your injury and how it happened. We could then ascertain whether or not we can attach liability and therefore pursue your claim for compensation.

Hello, my husband has suffered a broken toe at work. He works for an agency, yesterday he was called by the agency and told him that he would be paid 80 pounds a week. What do we have to do?

Your Husband can make a claim for compensation for the broken toe injury sustained at work. The claim would be against the workplace he was working for and not the agency who sent him to work. If successful with his claim, he would receive compensation for his injury as well as being able to recover his lost income caused in the incident.

I’ve worked at my job since 7 of May , I had an accident in work last Wednesday leaving me with a badly sprained foot and unable to weight bear. The agency came to see me the next day and took a statement & I was told they were investigating the accident and would contact me.

This morning I rang the agency this morning about going back to work and was told that they were laying me off due to work being quiet and they probably won’t need me back. What are my options with this and can they do this?

As you work via an agency on a temporary basis, the work will be appointed on a week-to-week or day-to-day basis and the work can be terminated at any stage depending on business demands.

In your case, you may well be able to make a claim for compensation and recover lost income caused by the injuries you sustained in the accident at work. Of course, before we can advise you further as to whether or not you have a valid claim, we’ll need to know more about the work you were doing and how you came to suffer the ligament damage to your ankle/foot.

I work in a behaviour school and was injured by a student. I had concussion and have a broken tailbone. Where do I stand as I work for an agency?

The agency issue is irrelevant. Whether or not you work for an agency or directly for the employer, you have the same rights to make a claim for compensation. We would be happy to help you find out more as to whether or not the cause of your injury is something that would enable you to pursue a claim on a No Win No Fee basis.

Can i be dismissed for breaching health and safety after an accident in work? I’ve been an agency worker for 8 weeks.

If an employee has been made aware of the required health and safety aspects for a certain workplace or item of work equipment, they would be expected to follow the trained protocol at all times. If an employee then causes an accident or incident by ignoring the training given and acting in a manner that is not in accordance with the protocol trained, it could be seen to be an act of gross misconduct and termination of employment could be made on such grounds.

If however, the employer has not provided the employee with the training or has trained the employee to work in what transpires to be a dangerous manner, it is hard to see how an employer could dismiss someone in such circumstances.

I cut my wrist and had to have an operation to mend a nerve in my wrist. Although they gave me a glove this did not cover my wrist and when I dropped the bulb I cut my wrist with the knife we use for trimming the bulbs. I work through an agency and they have said I will not be getting ssp and have told me to go to the job centre. I still have to attend hospital on a regular basis and cant afford to get there, what am I entitled to?

There is a strong argument to be made in your favour in terms of making a claim for compensation. The employer may have failed to adequately risk assess the work that they are asking you to do and could have provided inadequate personal protective equipment (PPE) with regards to the gloves that they issue to employees.

You have clearly sustained a very serious injury and it is right and proper that you make enquiries as to whether or not you can proceed further with a claim. Our initial view is that you have a valid claim and we have now passed this to our specialist Solicitors to look further in to this for you.

Can I sue the company where the injury took place as well as the temporary agency that assigned me?

If you have been injured in an accident at work, you can only make one claim. Of course, it is possible that the process of the claim could establish that liability was split between the agency and the firm for whom you worked and they would have to share the costs of the claim if so, but you could not claim twice – against both parties.

I am currently working with agency. Our Client is with disability funded by government. My client was distressed and jumped over me I fell on the floor with my client on the top of me. My back hit the floor and now I am suffering from back pain pain. What can I do?

if your employer failed to correctly risk assess the person with whom you were working and advise you of the risks that they would present to you, you may have a valid claim for compensation.

I had an accident at work. I am an agency worker and was not provided with the right operative to carry out my work, nor was I told what to do. The next day I was made to sign a form to say it was my fault.

If you have signed a form that admits that you were responsible and at fault, it is very unlikely that you could succeed with a claim for compensation against your employer.

Does the AGENCY have to pay me sick pay after an accident at work?

No employer has to pay salaries to any person off work through illness or injury. Indeed, the only legal requirement is for any person eligible to be paid SSP if they are off work.

Hey I just started working at my job through a temp agency and we unload and wrap big boxes. I was there for a few days. On September 11 I was wrapping a set of refrigerators and I took two steps back and about 15 seconds later I got hit by a forklift that was carrying four refrigerators. He didn’t beep the horn and I told the boss of the building. His only concern was if I could continue my work. I said I will be really slow cause my back was hurting. After work as I got dropped off I got a call from the temp agency asking what had happen. They then told me not to show up for work they wanted to see me in person. I told them my situation and he got on the phone with the boss of the company I was working for. He came back and told me that they said not to come back to work for two weeks and I didn’t receive any type of compensation. What should I do?

In the UK, any forklift operator is required to undertake suitable training and must hold a licence to drive such a machine. There are strict requirements about where a forklift can operate and how there must be audible notifications of the presence of a forklift. As such, you should seek to make a claim for compensation after your forklift accident.

I have worked with my employer for five and a half years. I have ended up with degenerative disc disease in my lower back and a bulged disc which I believe was brought on with the wrong method of lifting I was using.

My job involves repetitive bending and lifting. I started with this pain just over a year ago. I worked with an agency for the first two and a half years and been full time for three years. I was never given any manual handling training or any training for proper way to bend and lift. I kept on at my employer about manual handling training and was eventually given some six months ago five years after I started. At this point of time I was off sick with back pain when they called me in to do a manual handling course but the damage was already done by then. I lost between four and five thousand pounds in lost wages as a result and the final insult has come with them dismissing me due to being incapable of doing the job. This is a multi national company I work for.

Given your employers failure to provide you with manual handling training and guidance, our view is that you have a valid claim against your employer for the injuries you have sustained as a result of your working period with them.

All employers are obliged to follow the Health and Safety at Work Act and ensure safe working standards are provided, including relevant training.

I have read the intelligent and constructive manner you have responded to many questions put to you and I am very impressed with the thorough and clear answers given by you.
My question is, if I can be able to put in a claim for an injury I sustained at work as a temporary worker which happened, close to 3 years ago, on July 9, 2015, but which also was not recorded in an accident book because the supervisor ignored me.
This had led to nearly 3 years loss of earnings and previous contacts with the employer have seen them denied responsibility. I am now trying to do a course in different field to enable me get a job because I cannot return to the same field of work I did.
Also should my former agency (I used the word ‘former’ because they took me off their book months later) take a part/full responsibility?
Thank you.

In UK law, you are allowed a period of 3 years from the date of an accident or incident in which you can pursue a claim for compensation. The date you have provided gives you around 3 months of that remaining. Therefore, in theory, you remain within the claim limitation period and could proceed.

We can certainly look at helping you to make a claim for compensation but it is worth noting that it becomes harder to place and fund a claim when the amount of limitation period available is less than 6 months. This is because the claim becomes more ‘risky’ and can be harder for a specialist No Win No Fee Solicitor to insure.

In your case, the outcome will depend on the cause of your accident and whether your former employers were negligent in their obligations towards your health and safety at work.

With regards to the agency issue, a specialist Solicitor can investigate whether they too should accept some responsibility for your situation. In most cases, the liable party will be the employer for whom you were working at the time rather than an agency. However, if the agency has failed to properly risk assess the role and seek assurances from the employer regarding the health and safety at work protection on offer, they could face action.

As an agency support worker, the remainder of my tooth and post crown was knocked out by a mental health patient whilst I was on duty at a placement.

I have been told by the company I was on placement at, that my agency is liable to pay for my tooth repair, so I followed it up with my agency… then almost three months later after nothing, I was told by my agency that the client/company I was on placement at is liable.

Who is responsible for my claim to compensation to fix my tooth – the agency I work for or the the company I was on placement at?

Your situation is a clear case as to why it is important to instruct a specialist Solicitor to act for you as it prevents you from being fobbed off and pushed from pillar to post by people trying to avoid responsibility. We handle a lot of claims for support workers, so with that in mind, please contact us and let us get our specialist Solicitors to speak with you about your situation. They will be able to identify who is liable and pursue a claim for you in order to recover your dental costs and claim compensation for your distress and injury too.

My son works for an agency he had a bad accident at work which he said was his fault he was driving a crane missed a log steel which landed on his legs he has had an operation and is still in hospital where does he stand claiming benefits?

For claiming benefits, he really needs to speak to the Benefits Agency as they will be able to advise him as to what he is or is not entitled to – of course, he could seek advice and support from the Citizens Advice Bureau too.

We could certainly look at whether or not he could claim compensation against the employer on the grounds of negligence. Your Son should not be so quick to say it was his fault as whilst he may feel responsible, we may well be able to identify ways in which the employer could have ensure that the accident could not happen.

We would be very happy to chat with you/him on the phone regarding this so that we could give him a better view as to his situation and possible options going forward.

I work for a temp agency and where I am working it involved using an old commercial dishwasher. On a couple of occasions the dishwasher had flooded the kitchen and I have had a couple of near misses with injury as the only option is for me to clean the floor with dish towels on my hands and knees.

Bank in October I had a small slip and near miss with injuring myself and I requested that I have the use of a mop in the Kitchen. This was ignored.

One month later the kitchen had flooded again, this time however when getting up from cleaning the floors with a dish cloth I slipped backwards and landed flat on my back. This caused allot of pain at the time and I am still having issues a week later. At the time of the incident I reported it to my employment agency and the company I was temping for. My employment agency did ask how I was and advised me not to go to work if I was unfit as a result of the injury. The company who I work for has totally ignored the incident, despite being warned a month prior of the potential for an incident. They also have not done anything to rectify the problem or supply me with PPE. The other issue being I have to clean the toilets without any sort of PPE like gloves etc.

My question is I was told as a Temp even if it was a work injury I would loose pay if I did not work, is this true. Also does the company, not the agency, have a duty of care towards ensuring I am working in a safe environment. Clearly the accident was a result of their negligence as this has been previously reported to them. They current feel it is not their problem and to date despite repeated requests for the mop and reporting my back is still causing problems they have not enquired to see if I am ok. I try to bring it up and the contact (Manager) I have just ignores me and changes the subject.

I am also not happy that I am being forced to clean toilets without the correct PPE. Surely they are responsible for this. From what I have been able to find so far this does appear to be the case. http://www.hse.gov.uk/vulnerable-workers/agency-temporary-workers.htm

It should also be pointed out that apart from Emergency Procedures I have had zero training from this company as to OH&S or anything for that matter. I now the agency has also continuously attempted to get the company to supply me a mop and PPE but still nothing eventuates. They just say we have passed your concerns on.

I want to ensure that this company is held accountable and it does not happen again to either myself or any other person who is employed under a temporary contract. As mentioned from my understanding it is the employer who is responsible to both the temporary worker and the employment agency to ensure a safe working environment and also to ensure appropriate training.

On the basis of what you have said, I would suggest that the circumstances that lead to your accident at work can be directly attributed to employer negligence and that you would have a good prospect of succeeding with a claim for compensation should you opt to pursue the same.

Although you are working as a ‘temp’, you are still afforded the same employee rights as any permanent member of staff and the usual health and safety rules apply to your situation. In this case, you have put the employer on notice of a possible hazard and that this could be resolved by the provision of a mop and bucket. Unfortunately, the employer has elected not to provide this and as a result, you have had a nasty fall. I would argue that you have a strong prospect of succeeding with a claim in this circumstance.

You mention that you will not get paid if you can’t work because of this injury. Sadly, it is likely that you will not able to claim any ‘sick’ pay if you can’t work. Certainly nearly all temporary workers receive no sickness pay as do many permanent employees also. Whilst this is not good news, what I can say is that if you did opt to pursue a claim for compensation you may be able to recover any lost income. Should you make a claim and succeed, you can claim compensation for the injuries you have sustained and you can also pursue a special damages claim to recover any lost income and other expenses caused as a result of your injuries.

Direct2Compensation would be more than happy to assist you with this matter should you wish to make a claim for compensation. Indeed, if you would like our help with this or even just want to discuss things in greater detail we’re here to help.

If at work while being in a temporary job through an agency and you have an accident, you can claim for injuries but can you also claim for the time you had off work due to the accident?

Hello

This is a really good question and one that many agency workers ask us about when they contact us to start a claim for accident at work compensation.

Agency workers are afforded the same rights as someone working on a permanent contract basis. With this in mind, if someone is injured in an accident at work as a result of negligence whilst working via an agency, they are entitled to claim compensation for their injuries and also for their losses.

With regards to losses, this would be what is known as special damages. Special damages claims include lost income, expenses and any costs caused by the injuries and accident. In the case of an agency worker, they would be entitled to claim any income lost whilst they recovered – if of course, they succeed with their claim for accident at work compensation.

Hello I had a accident at work Tuesday just gone, I work has a temporary retail assistance and I fell over a pallet that was in the warehouse and my back has been painful am off work in severe pain I wen to the doctors and they gave me pain killers which are not working am needing to go docters again to see if they have anything stronger, we have pallets in the warehouse and yellow markings up towards were they should go the one I fell over was over the yellow lines near the exit door ,just wondering if I would be able to claim?
Kind regards

We are more than happy to investigate your accident further with a view to pursuing a no win no fee claim for compensation for the injuries you sustained whilst at work. To succeed with a claim, we’ll need to demonstrate that there has been some negligence on the part of the employer and that they are therefore, responsible for causing the accident and liable for the injuries you have sustained. It sounds like we can do this given the location of the pallet and it being outside of the markings that it should be inside of.

So that we can properly assess the viability of making a claim for compensation on your behalf, we’ll need to speak with you and ask a few questions about your job, the training you’ve had, where the pallet was and whether there is an accident book entry relating to this accident.

I applied for a job Transline agency was advertising for parcel force. I was told briefly about my duties and asked if I could start ASAP. I replied yes and within 2days i was asked to start a night shift. I was greeted by the man in charge at Parcelforce who explained my duties briefly and showed me the fire exits. I was then asked to start work with an experience member of staff who would show me the ropes. I did what I was told and started unloading parcels from very large lorry’s, I found the work very hard and when i tried to gain advice from the staff member in charge of me I was told to just hurry up. After 6hrs of work I could not do no more, my back was hurting and all my shoulder and arm. I was told by another agency member who had observed me working that i had been lifting all wrong and asked if i had any manual handling training before I started work which i replied No. I left my shift early and sought medical advice who confirmed i had tendentious in my shoulder and arm and hurt my lower back, both are due to the fact i was lifting heavy items and incorrectly. I would now like to claim compensation but have been told by both Transline and Parcelforce that they are not responsible for manual handling training. Please can you advise who is legally responsible?

Firstly, from what you have said, I feel that you have a claim worthy of further consideration and we would be very happy to assist you.

As you work for an agency, there are potentially two parties responsible for your injuries. However, our view would be that Parcel Force (the workplace that you were sent to by Transline) has responsibility to ensure that you are properly and safely inducted in to the workplace and provided with the necessary training, guidance and advice to work safely. Employers have a responsibility to provide a safe environment in which to work and as a worker, your responsibility is to follow the working practices and safety training guidance provided to you.

If you were not provided with manual handling training and subsequently sustained an injury caused by lifting items, it is quite possible that your employer could be held liable for the injuries you sustained.

As with all injuries caused at work, it is important that you make sure that the details of your injuries and the cause have been properly recorded and reported within the workplace. Therefore, you should record the details of your injuries with both the Transline Agency and also at the workplace. To do this, you could request that the details are entered in to an accident book or if this is not available or allowed, you should email or write to the two parties outlining what happened to you and the lack of manual handling training.

I work in the construction site on temporary contract through an agency like an electrician’s mate and in 10.11.2015 I was involved in an accident at work. I was caught right index finger by the drill bit in the hole by my coworker and I have a bad injury. I will need surgery on my finger to repair and I will not be able to work. I call my agency to tell them about the accident and nobody answer to my call, after I text them and I receive next day from them a text:’Don’t worry are you ok’ and but still now no call from them, what should I do?

I am really sorry to hear about your accident, it sounds like a very nasty, painful injury. You mention that you are likely to need surgery and will therefore certainly be off work for a while and given that you are an agency worker, I would imagine that you will not receive payment whilst you cannot work. To this end, I feel that you should put in a claim with us.

You have taken the right steps in reporting the accident both on site and with the agency and whilst making a claim for compensation won’t immediately see you receive the money that you will be missing through lost wages, a successful claim would eventually see your losses covered and compensation paid for the pain, discomfort and distress of your injury. You can read more about finger injury claims and settlement amounts if you’d like to.

Good evening

I am a worker with Hays Specialist Recruitment Agency contracted out to a supported housing provider. I have been working in this capacity since February this year in a Homeless Hostel in Somerset and more recently in one of the provider’s supported move-on projects in Somerset. My role as Support Coordinator involves supporting people who have been homeless. I work with vulnerable people who have a range of support needs.

On Tuesday 4th November 2015 I was working at one of the projects and was bitten on the hand by a dog that was staying with one of the residents. I was posting a letter through the letterbox and there was a dog the other side. Residents are not permitted to have pets in their accommodation. I received emergency medical treatment and reported the incident appropriately. The injury is such that I can’t drive or use my left hand until it has healed suitably and I’ve had to cancel booked shifts at both projects. The injury is having some considerable impact on my day to day activities and, of course, my income.

My concern is that its not really clear who is accountable in this instance. I feel I should be compensated in some shape or form even if its just some sort of sick pay to make up for lost earnings. I don’t want to make any kind of direct personal claim to the client (or the dog!) as there was absolutely no malice involved and the clients I work with are vulnerable. It just wouldn’t be appropriate or sit well with me to put them through it.

Ultimately the organisation I’m working for as an Agency/Temp/Flexi worker, whatever I am to them, knew that clients/residents were keeping pets in their properties against project rules and their tenancies and there was a lacksadaisical approach to this by management which ultimately resulted in me sustaining this injury. My line managers are aware of the situation but we haven’t had a conversation about my financial concerns.

I would be grateful for your thoughts on this matter.

Regards

Kath

Thank you for taking the time to comment on our site, your issue and the conundrum in which you find yourself is clearly not a nice one.

Firstly, I hope that your injury settles quickly and that you make a speedy and full recovery. Injuries such as those sustained when a dog bites are nasty, sore and painful, so I hope you are not in too much discomfort.

Regarding your situation, I can confirm that agency & temporary workers have the same rights in terms of making a claim against an employer as staff who are on a permanent contract with company. Therefore, you can certainly attempt to make a claim for compensation against your employers and the business for whom you have been working for via the agency. We would gladly help you find out a little more and can link you with a specialist solicitor with whom you can discuss your situation and know a little more about your rights. We have experience of handling dog bite claims and have managed to succeed on a number of occasions. However, succeeding with a compensation claim after a dog bite injury is not always easy as there can be quite a bit of work to do to prove that someone or an organisation has been negligent and therefore liable for the incident.

I fully understand your feelings about not wishing to claim against the dog owner (or the dog!) – you are right, they are vulnerable and clearly in need of support. Further, if they have been allowed or not prevented from keeping dogs in their accommodation because someone has turned a blind eye, the liability rests elsewhere. To be honest, it would be most unlikely that you would be able to claim against the dog owner anyway as it is highly likely that they would have no funds with which to compensate you and no insurance cover in place.

On the basis of what you have said, it would appear that the employer/agency may have been negligent towards your safety by failing to implement their policies and enforce rules about animals in the accommodation. If it can be demonstrated that there was a lackadaisical and irresponsible approach to the safety and management of the workplace by the employer, you may well be able to succeed with making a claim for compensation.

Given the situation in which you find yourself – injured, unable to drive, work or lead a normal life for the time being, I believe that you should certainly attempt to make a claim for compensation.

I work in construction through an agency on a temporary contract.

Recently suffered a broken leg after a pretty serious fall. Scaffolding was wet and I slipped…

Now looking to find out what I’m entitled to exactly. The agency is my employer but the construction company is responsible for health and safety on site right?

Where do I go to and who should look after me now that I can’t work?

Many of the more ‘dangerous’ workplaces (such as construction sites and manufacturing plants) use a high number of agency workers – people employed by a 3rd party agency, but working on another companies site or premises. In cases where these workers are injured in an accident at work – such as your construction site accident – many agency workers don’t know where to go to get help or who is responsible for looking after them. Further, many people are not sure who they can make a claim for compensation against.

In most cases, agency workers are worried about losing their income whilst they are unable to work and want advice from us about this. Sadly, it is common practice for many workers, not just agency workers, that they do not receive sickness pay and therefore have to survive on Statutory Sickness Pay (SSP). With this in mind, it is important to make a claim for compensation as part of an accident at work compensation settlement will include a special damages claim – covering all lost income (the difference between SSP and the usual take home pay) during their absence from work.

Regarding who is responsible for your accident and therefore liable in any claim you decide to make for personal injury compensation, it is likely to rest with the company that own or manage the site on which you were working at the time of your accident. They would be responsible for ensuring your safety on site and should have done all they can to make the scaffolding as safe as possible. However, there could also be some liability against the agency who are your employer. Therefore, it is wise to ensure that you report your accident in the construction site accident book and also with your agency employer. For more information, have a look at how to report your accident to the right people.

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