Agency Worker Injury Claim UK

Who Counts as an Agency Worker?

An agency worker is someone hired by a recruitment or employment agency but placed to carry out work at a separate company, known as the hirer or end user. You might be called a temp, a contract worker, or simply an agency staff member. The defining feature is a triangular relationship: the agency employs you (or engages you), the hirer directs your day-to-day tasks, and the agency receives a fee for supplying your labour.

The Agency Workers Regulations 2010 (AWR) give agency workers specific employment rights. After 12 qualifying weeks in the same role with the same hirer, you gain the right to equal treatment on pay and basic working conditions. However, your right to a safe workplace does not depend on the 12-week threshold. From your very first shift, the hirer must protect your health and safety in the same way it protects its own permanent staff.

Who Is Liable: The Agency or the Hirer?

This is often the most confusing part of an agency worker injury claim. In practice, the hirer is usually the party responsible for workplace safety. The hirer controls the physical environment, provides equipment, sets working procedures, and supervises your tasks. Under the Health and Safety at Work Act 1974, the hirer has a duty to ensure, so far as is reasonably practicable, the health and safety of everyone working on its premises.

The employment agency can also bear responsibility in certain situations. If the agency failed to check that the hirer had proper safety measures, placed you in a role you were not trained or qualified for, or ignored known hazards at the hirer's site, the agency may share liability.

In some cases, both the agency and the hirer are found jointly liable. Your solicitor will investigate the facts and identify the correct defendant or defendants. You do not need to work this out yourself before making a claim.

Common Causes of Agency Worker Injuries

Agency workers are often placed into unfamiliar environments at short notice, which can increase the risk of injury. Common causes of workplace accidents affecting agency workers include:

• Inadequate induction or safety training before starting work
• Faulty or poorly maintained machinery and equipment
• Slips, trips, and falls caused by wet floors, cluttered walkways, or poor lighting
• Manual handling injuries from lifting, carrying, or repetitive tasks without proper instruction
• Exposure to hazardous substances without appropriate protective equipment
• Falls from height on construction sites or in warehouses
• Workplace violence or assaults, particularly in care or security roles

The hirer must carry out a risk assessment that accounts for the specific needs of agency workers, including the fact that they may be unfamiliar with the site layout, emergency procedures, and particular hazards.

What Compensation Can You Claim?

Compensation for an agency worker injury claim falls into two categories: general damages and special damages.

General damages compensate you for pain, suffering, and loss of amenity. Courts and insurers refer to the Judicial College Guidelines (JCG) when placing a value on these claims. The JCG sets out bracket ranges for different injury types and severities. Where your injury falls within a bracket depends on factors such as recovery time, whether there is any permanent impairment, the impact on your daily activities, and the effect on your ability to work.

Special damages cover the actual financial losses you have suffered or will suffer as a result of the injury. These typically include:

• Loss of earnings during recovery and any future loss of earning capacity
• Medical and rehabilitation costs, including physiotherapy and prescriptions
• Travel expenses for hospital appointments
• Care and assistance costs, including help provided by family members
• Cost of aids, appliances, or home adaptations if the injury is severe

Keep receipts and records from the outset. The stronger your documentary evidence, the higher the special damages element of your claim is likely to be.

Time Limits and the Limitation Period

Under the Limitation Act 1980, you normally have three years from the date of the accident to issue court proceedings. If you miss this deadline, you will almost certainly lose the right to claim.

Exceptions exist for specific circumstances:

• Children: the three-year period does not begin until the child turns 18. A litigation friend can bring a claim on behalf of a child at any time before then.
• Persons lacking mental capacity: the limitation period is suspended while a person lacks capacity to manage their own affairs.
• Late knowledge: if you did not realise your injury was connected to the workplace incident until a later date, the three-year period may run from the date of knowledge rather than the date of the accident. This can apply to industrial diseases or conditions with a delayed onset.

Starting early is always advisable. Evidence fades, witnesses move on, and CCTV footage is routinely deleted within weeks.

Steps to Make an Agency Worker Injury Claim

The claims process for agency workers follows the same broad path as any workplace injury claim:

• Report the accident: ensure the incident is recorded in the hirer's accident book. If the hirer does not have one, put your report in writing to both the hirer and your agency. Keep a copy for yourself.
• Get medical attention: visit a doctor or A&E as soon as possible. A prompt medical record creates a clear link between the accident and your injuries.
• Gather evidence: photograph the scene, the hazard that caused the accident, and your injuries. Note the names and contact details of any witnesses. Save any text messages or emails between you and the agency or hirer about the incident.
• Instruct a solicitor: a personal injury solicitor experienced in workplace claims will assess the strength of your case. Most offer a free initial consultation and handle claims on a no-win-no-fee conditional fee agreement (CFA).
• Letter of claim: your solicitor sends formal notification to the responsible party or their insurer, setting out the facts and the basis of the claim.
• Medical evidence: an independent medical expert examines you and produces a report on your injuries, treatment, and prognosis.
• Negotiation and settlement: your solicitor calculates your losses and negotiates with the other side. The majority of claims settle without going to court.

No-Win-No-Fee Agreements for Agency Workers

Most agency worker injury claims are funded through a conditional fee agreement (CFA), commonly called a no-win-no-fee agreement. Under a CFA, you pay no legal fees if the claim is unsuccessful. If the claim succeeds, your solicitor charges a success fee, which is a percentage uplift on their standard charges. This success fee is capped by law at 25 per cent of the compensation awarded for pain, suffering, and loss of amenity. It does not apply to your special damages.

You will usually also need after-the-event (ATE) insurance to cover the risk of paying the defendant's costs if the claim fails. The premium is typically deferred and only becomes payable from your damages if you win.

Before entering into a CFA, ask your solicitor to explain every potential deduction so you understand what you will actually receive if the claim succeeds.

Will Claiming Affect Your Agency Work?

Many agency workers worry that making a claim will lead to dismissal or blacklisting. It is unlawful for an employer or hirer to subject you to any detriment because you have brought a personal injury claim or reported a workplace safety concern. If you are dismissed or have your assignment terminated as a direct result of making a claim, you may have grounds for a separate claim for unfair treatment or victimisation.

Your claim is made against the hirer's employers' liability insurance (or the agency's, depending on who is at fault). The compensation comes from the insurer, not from the hirer's or agency's own pocket. Insurers handle workplace injury claims routinely, and the process should not affect your working relationship provided the hirer follows the law.

If you are concerned about retaliation, raise this with your solicitor at the outset. They can advise you on the protections available.

This page provides general information only and does not constitute legal advice; consult a qualified solicitor about your specific situation.

Frequently asked questions