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

By Ian Morris | Updated June 22nd, 2023

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

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.

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.