You took the shift because the work was there. Then something went wrong: a fall, faulty equipment, a heavy lift with no training. Afterwards, you start to wonder where you stand. You’re not a permanent employee, so who is responsible, and can you claim at all?
In many cases, yes. Your temporary worker workplace injury rights are often stronger than people assume, and being on a short contract or placed by an agency doesn’t automatically stop you from claiming compensation for an accident at work.
Do Temporary and Agency Workers Have the Same Workplace Injury Rights?
Health and safety law exists to protect people at work, not just those with permanent contracts. Employers and the businesses that take on agency staff must take reasonable steps to keep workers safe. That includes:
- A safe system of work
- Safe premises and equipment
- Proper training and supervision
- Suitable protective equipment (PPE) where needed
- Risk assessments for the tasks you’re asked to do
Agency workers are entitled to the same basic health and safety protection as anyone else on site. A short placement doesn’t mean lower standards.
Who Is Responsible: The Agency or the Business You Worked For?
This is the main difference in an agency worker accident claim. There are often two parties involved:
- The agency that placed you, which may be your formal employer
- The hirer (the business you were working for), which usually controls the workplace, the equipment and the day-to-day tasks
Responsibility can sit with the agency, the hirer, or both, depending on who controlled your work and the cause of the accident. For example:
- If you were injured because of faulty machinery or an unsafe site, the business running the site may be responsible.
- If you were sent to a job without the right training or checks, the agency may share responsibility.
You don’t need to work this out yourself. A solicitor can look at your contract, your placement and the circumstances to identify who should answer for what happened.
What Counts as Workplace Injury Employer Responsibility?
When an employer or hirer fails in its duty of care and you’re injured as a result, it may be negligent. Common situations include:
- An unsafe system of work
- Inadequate or missing training, which is common when temporary staff are put straight onto a task
- Unsafe premises, such as slips, trips and falls
- Faulty or poorly maintained machinery or equipment
- No PPE, or the wrong PPE, for the role
- Falls from height
- Unsafe manual handling
- Poor supervision
- No proper risk assessment
Temporary workers can be more exposed to these risks, because they may be new to the site, unfamiliar with the equipment or given little induction.
What Can You Claim For?
If your claim succeeds, compensation can cover more than the injury itself. Depending on your circumstances, you may be able to claim for:
- Pain, suffering and loss of amenity
- Private treatment costs and future treatment
- Care and assistance you needed during recovery
- Loss of earnings, including lost overtime or shifts
- Travel expenses linked to treatment
- Damage to personal property
- In more serious cases, loss of pension or disadvantage in the job market
Because many agency workers are paid by the hour or by the shift, time off work after an injury can hit hard. These losses can be part of your claim.
Will Making a Claim Put Your Work at Risk?
It’s one of the most common worries, especially for temporary workers who may feel more easily replaced. But there are two points to keep in mind:
- Businesses are legally required to hold employers’ liability insurance for workplace injuries, and in most cases a claim is dealt with by the insurer rather than directly by your employer.
- The law gives people protection against being treated unfairly for raising health and safety concerns.
If your employer’s negligence caused your injury, you have every legal right to seek compensation.
What to Do If You’re Injured at Work
- Get medical help and make sure your injury is recorded by a doctor or hospital.
- Report the accident to your supervisor and the agency, and ask that it’s written in the accident book.
- Take photos of the area, equipment or hazard if it’s safe to do so.
- Collect witness details from colleagues who saw what happened.
- Keep your paperwork, including your contract, agency details, payslips, shift records and any training you received.
- Write down what happened while it’s fresh, including who gave you instructions.
- Note your losses, such as missed shifts, treatment costs and travel.
- Speak to a solicitor early, before evidence is lost or details are forgotten.
Time Limits Matter
In most cases, you must start court proceedings within three years of the date of the accident. If you were under 18 at the time, the three years usually runs from your 18th birthday. Short-term placements make it easier for records to be lost, so it pays to act early.
Why Choose AFS Legal?
At AFS Legal, we help employees across the UK who have been injured at work, including temporary and agency workers who aren’t sure where they stand. We’ll review your circumstances, work out who is responsible, and give you clear, honest advice on your options.
We handle the paperwork, deal with the insurers, and work on a No Win No Fee basis, so you won’t be asked to pay anything if your claim isn’t successful.
Conclusion
Being a temporary or agency worker doesn’t mean you have to accept an injury caused by someone else’s failings. Both agencies and the businesses that use their staff have responsibilities for your safety, and when they fall short, you may be entitled to compensation for your injury, lost earnings and other costs.
The key points are to report the accident, keep your evidence, and get advice before the time limit runs out. If you’re unsure who was responsible, you don’t need to have the answer. That’s what a solicitor can find out.
Injured at work as an agency worker? Learn your temporary worker workplace injury rights and how to make a claim. No Win No Fee advice.
The information provided is for general informational purposes only and does not constitute advice. While we strive to ensure the information is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, regarding the accuracy, adequacy, validity, or completeness of any information on this site.
