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.