Agency and Temporary Workers’ Rights to Compensation After a Workplace Accident

By Ian Morris | Updated November 8th, 2024

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As an agency or temporary worker in the UK, you have the same legal rights to claim compensation for workplace injuries as permanent employees. If you’ve been injured at work within the last 3 years and the accident wasn’t your fault, you can make a no win no fee claim. The claim can be pursued against either your employment agency or the company where you were working, depending on who was responsible for the health and safety breach that led to your injury.

Key Takeaways:

Your position as an agency worker entitles you to:

Full protection under workplace health and safety regulations from day one
The right to make personal injury claims for accidents caused by negligence
Access to no win no fee legal representation
Compensation for both physical and psychological injuries
Recovery of lost earnings and accident-related expenses
Protection from dismissal or discrimination for making a claim

Every year, thousands of agency and temporary workers suffer injuries in workplace accidents. Despite their non-permanent status, these workers have robust legal rights to claim compensation when injured at work through no fault of their own. By understanding these rights you can protect your interests and secure the compensation you deserve.

Understanding Your Rights as an Agency Worker

Legal Protection Framework

Agency workers are protected by comprehensive UK employment and safety legislation. The moment you step into a workplace, you’re covered by the same health and safety regulations as permanent staff. This means employers must provide:

Adequate training for your role
Proper safety equipment and protective gear
Safe working environment
Clear safety procedures and guidelines

Shared Responsibility

Both the agency and the host employer have legal duties towards your safety. The host employer is responsible for day-to-day workplace safety, while the agency must ensure they place you in suitable and safe working environments. This dual responsibility often means both parties may be liable if you’re injured due to negligence.

Equal Treatment Provisions

After 12 weeks in the same role, you gain additional rights under the Agency Workers Regulations, including:

Equal access to workplace facilities
The same health and safety protections as permanent staff
Equivalent working conditions to permanent employees
Equal treatment in terms of working hours and rest breaks

These rights strengthen your position when making a compensation claim, as they establish clear standards for your treatment and safety at work. Any breach of these standards can support your claim for compensation if it results in an injury.

Making a Workplace Accident Claim

Establishing Liability

When pursuing a compensation claim as an agency worker, identifying the responsible party is crucial. The liability typically falls on the business where you were working when the accident occurred, as they control the workplace environment and safety conditions. However, there are scenarios where responsibility may be shared:

Host employer liability: Responsible for workplace safety, equipment maintenance, and proper training
Agency liability: Accountable for proper worker placement and basic safety assessments
Shared liability: Cases where both parties failed in their duty of care

Essential Steps After an Accident

Taking the right actions immediately after a workplace accident significantly strengthens your claim:

Report the incident promptly to both your supervisor and agency
Ensure the accident is recorded in the workplace accident book
Gather contact details from any witnesses
Take photographs of the accident scene and your injuries
Seek immediate medical attention and keep all records
Document any safety breaches or hazardous conditions

Compensation and Recovery

Types of Compensation Available

Personal injury compensation encompasses both immediate and long-term impacts of your workplace accident. General damages address your physical and psychological injuries, including pain, suffering, and the effect on your quality of life. The severity and duration of your injuries significantly influence this aspect of your compensation.

Special damages cover your financial losses, both past and future. This includes lost earnings during your recovery period, medical treatment costs, and travel expenses for appointments. If your injury affects your long-term earning capacity or requires ongoing care, your claim will account for these future losses. Your solicitor will carefully calculate these elements to ensure your compensation reflects the full impact of your injury.

Understanding Your Sick Pay Rights

Agency workers’ sick pay entitlements often differ from permanent employees, potentially leaving you financially vulnerable during recovery. While Statutory Sick Pay (SSP) provides basic support after four consecutive days of illness, it rarely matches your normal income. However, a successful compensation claim can bridge this gap, recovering the difference between SSP and your regular wages.

Your claim can also address longer-term financial impacts. If your injury prevents you from returning to your previous role or reduces your earning capacity, your compensation will reflect these ongoing losses.

Rehabilitation Support

Effective rehabilitation plays a key role in your recovery and return to work. Your solicitor can often arrange private medical treatment and rehabilitation services before your claim settles, ensuring you receive timely support. This might include physiotherapy, occupational therapy, or psychological support, depending on your injuries.

The rehabilitation process focuses on both your physical recovery and your return to work. If your injuries prevent you from resuming your previous role, vocational rehabilitation can help identify suitable alternative employment opportunities. Your solicitor will work to secure funding for any necessary retraining or qualifications, supporting your transition to new employment.

Strengthening Your Claim

Evidence Collection and Documentation

Building a strong compensation claim requires thorough documentation from the moment of injury. The accident must be properly recorded in the workplace accident book, with copies sent to your agency. Gather photographic evidence of your injuries and the accident scene, and secure any available CCTV footage promptly, as this may be deleted after a short period.

Witness accounts play an important role in supporting your claim. Collect contact details from colleagues who witnessed the accident, and if possible, obtain written statements while events are fresh in their memories. Your supervisors or managers may also provide valuable testimony about workplace conditions and safety procedures.

Documentation of workplace safety measures can significantly impact your claim. Request copies of relevant risk assessments, equipment maintenance records, and your training documentation. These records often reveal whether proper safety procedures were in place and followed correctly.

Common Challenges and How to Overcome Them

Agency workers face unique challenges when making compensation claims. Employment status verification often presents the first hurdle. Maintain comprehensive records of your agency contracts, assignment details, and working patterns. Regular communication with both your agency and workplace should be documented, creating a clear trail of your employment relationship.

Proving negligence requires demonstrating that your employer or agency failed in their duty of care. Document any safety concerns you raised before the accident and keep records of responses received. If you experienced inadequate training, faulty equipment or inadequate PPE issues, note these details specifically, as they may establish liability.

Legal Process and Timelines

Starting Your Claim

The claims process begins with an initial consultation with our specialist solicitors who will assess your case’s validity. They will examine the circumstances of your accident, review available evidence, and identify the responsible parties. Once they confirm your claim’s viability, they’ll submit formal notification to the relevant insurers.

Your solicitor will arrange necessary medical assessments to document your injuries professionally. These independent medical reports form the foundation of your compensation claim, detailing both immediate injuries and potential long-term effects.

Understanding Timescales

Workplace accident claims typically progress through three main phases. The initial evaluation and evidence gathering takes several weeks, followed by a two to three-month investigation phase involving liability negotiations and medical examinations. The settlement phase varies most significantly, lasting anywhere from three months to over a year, depending on case complexity and liability disputes.

While you have three years from your accident date to start legal proceedings, early action significantly improves your chances of success. Prompt claims benefit from better evidence preservation and clearer witness recollections. Your solicitor will manage all deadlines and keep you informed throughout, handling any complications to maintain progress toward resolution.

Making a Successful Claim

Working with Your Solicitor

A successful claim relies heavily on effective collaboration with your legal representative. Maintaining open and prompt communication with your solicitor is crucial throughout the claims process. When your solicitor requests information or documentation, responding quickly helps maintain momentum and strengthens your case. Keep detailed records of all correspondence and maintain a comprehensive diary of your symptoms and recovery progress.

Financial documentation plays a vital role in securing appropriate compensation. Track all accident-related expenses meticulously, including medical costs, travel expenses, and any additional costs incurred due to your injury. Your payslips from before and after the accident will help demonstrate lost earnings, including any missed overtime opportunities. If you’ve received any benefits during your recovery period, these should also be documented as they may affect your final settlement.

No Win No Fee Arrangements

The no win no fee system makes legal representation accessible to all injured workers, regardless of their financial situation. Under this arrangement, you won’t face any upfront legal costs, and there’s no financial risk if your claim is unsuccessful. Your solicitor will clearly explain the fee structure at the outset, including how their success fee will be calculated from your compensation.

This arrangement typically covers all necessary claim expenses, including medical reports and court fees. The success fee is legally capped to ensure you retain the majority of your compensation, and your solicitor will explain exactly how this works before you proceed with your claim.

Frequently Asked Questions

How Direct2Compensation can help

If you’ve been injured while working through an agency or as a temporary worker, you have the same rights to compensation as permanent employees. Our specialist solicitors understand the unique challenges agency workers face and can help you secure the compensation you deserve through a no win no fee claim.

We ensure your accident is properly documented with both your workplace and agency, gathering crucial evidence to support your case. When employer negligence causes your injury, our experienced team has a strong track record of securing fair compensation for workers like you.

Contact our specialist team today for a free consultation about your workplace injury claim. We’ll assess your case and provide clear guidance on your chances of success. You can reach us on 01225 430285, or if you prefer, at a convenient time.

98 questions have been answered on this subject - ask us your question

Comments & Questions

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

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.