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...

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 work in a warehouse picking stock for supermarkets onto pallets. We travel around the warehouse on low level order pickers (LLOPs). I began my shift at 5 am where I collected my LLOP and proceeded to the pallet station to pick up my pallet to start my order pick. I collected it and was waiting to pull out onto the travelling road where another agency worker crashed into the back of my vehicle and caused severe neck and back pains. I reported the accident straight away and was taken to A&E by the Company. I have been signed off work by the doctor for 5 weeks at the moment. The agency I work for and the company where I was working have been communicating through their retrospective HR. I have been told today that I will not be receiving my full pay, but instead, receiving SSP. I have read into this and understand they do not have to legally pay me full pay. But how do I go about recovering my lost income? The man at the agency said it’s a tricky situation because I’m an agency worker, who was hit by another agency worker, from a different agency, on another companies premises. He sounded like he was trying to talk me out of making a claim. And I’m worried if I make a claim they will not have me back when I have recovered. Where do I stand on this situation? Am I illegible to claim for my lost income and my injuries?
Thank you

You are correct in that the employer(s) do not have to pay your usual salary whilst you are unable to work and can legally place you on to statutory sick pay (SSP). The only way that you can recover your lost income (the difference between the SSP payments you’ll receive and your usual salary) is to make a claim for compensation. Given the description of your accident and injuries, my view is that you have a strong claim likely to succeed. Whilst you and the other driver may have been agency staff, the company for whom you were working on the day – rather than the agencies – are the party that would face the claim (their insurance anyway).

Legally you cannot be sacked for making a claim by an employer, so your working rights and the opportunity to return to the same workplace in a few weeks time should not be affected. Our No Win No Fee service affords you the opportunity to seek compensation for both the physical injuries sustained and also to recover your lost income, without you needing to worry about the costs of the claim should it not succeed.

There will never be any pressure from us for you to make a claim, but we’re more than happy to help you to understand your rights and pursue a claim for you if you wish to do so.

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.