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Agency workers play an important role in workplaces across Middlesbrough, Redcar and the wider Teesside area. Many work in warehouses, factories, offices, care settings, hospitality, retail and construction related environments.

Unfortunately, agency workers can sometimes feel unsure about their rights after an accident at work. They may worry that because they are not directly employed by the company where the accident happened, they cannot make a claim.

In reality, agency workers are entitled to be kept safe at work. If you were injured because reasonable steps were not taken to protect you, you may be able to claim compensation.

What is an agency worker?

You are generally an agency worker if you have a contract with an agency but work temporarily for another business or organisation. This business is often called the hirer, host employer or end user business.

For example, an agency worker might be sent to work in:

• A warehouse
• A factory
• A shop
• An office
• A care home
• A construction site
• A hospitality venue
• A delivery or logistics environment

Agency workers are often asked to step into busy workplaces quickly. This can create risk if they are not properly trained, supervised or told about site specific hazards.

Can agency workers claim compensation after an accident at work?

Yes. If you are an agency worker and you are injured in an accident that was not your fault, you may be able to make a personal injury claim.

The fact that you were supplied through an agency does not remove the responsibility of the business you were working for to keep you reasonably safe.

A claim may be possible if your accident was caused by issues such as:

• Inadequate training
• Poor supervision
• Unsafe work equipment / defective machinery
• Unsafe systems of work
• Slips, trips or falls
• Poor manual handling procedures
• Lack of suitable personal protective equipment
• Being asked to do work you were not properly trained to carry out
• Being placed in a hazardous area without proper warning

Every case depends on its own facts. The key question is whether someone failed to take reasonable steps to prevent the accident from happening.

Who is responsible for an agency worker’s safety?

Responsibility can sometimes sit with more than one party.

The agency may have responsibilities before sending you to an assignment. This can include checking what the role involves, what skills or experience are required and whether there are health and safety risks that need to be explained.

The business where you are actually working will usually have day to day control over the workplace. It may control the premises, the equipment, the tasks you are asked to do and the way the work is carried out.

This means a claim may be brought against the host business, the agency or potentially both, depending on what went wrong.

What if I was only there for one shift?

You may still be able to claim.

Health and safety duties do not only apply after you have worked somewhere for a long time. In fact, new and temporary workers can be more vulnerable because they may be unfamiliar with the workplace, equipment, procedures and risks.

If you were injured on your first day, first week or during a short-term assignment, you should not assume that you cannot claim and should seek legal advice.

What if the agency worker was partly to blame for their accident?

Workplace accident claims are not always “all or nothing”.

What’s known as contributory negligence occurs when an injured person is partly responsible for an accident. Even if you are partially liable for the circumstances leading to your injuries, you may still be entitled to compensation.

However, the amount of compensation awarded would be reduced if the claim is successful.

To learn more, read: Contributory Negligence: Can I still claim in if an accident was my fault?

What evidence can help an agency worker accident claim?

Evidence can make a significant difference to a workplace accident claim.

Helpful evidence may include:

• Accident book entries
• Photographs of the accident location
• Photographs of defective equipment
• Witness details
• Medical records
• Copies of your agency assignment details
• Training records
• Emails or messages about the work you were asked to do
• Payslips showing lost earnings

If you are unsure what evidence is available, a solicitor can advise you on what may be needed and how it can be obtained.

What compensation is available?

Compensation is intended to put you, as far as possible, back in the position you would have been in had the accident not happened.

A workplace accident claim may include compensation for:

1. Pain, suffering and loss of amenity
2. Lost earnings
3. Future loss of earnings, where applicable
4. Medical treatment and rehabilitation
5. Other financial losses linked to the injury

The value of a claim depends on the injury, recovery time, financial impact and long-term consequences.

How long do agency workers have to make a claim in England & Wales?

In most personal injury claims, you have three years from the date of the accident to issue court proceedings.

There are exceptions, but it is always sensible to seek legal advice as early as possible. Delay can make it harder to gather evidence, identify witnesses and obtain relevant records.

To learn more about the limitation period, visit: How long do I have to make a personal injury claim in Middlesbrough & Teesside?

How Askews Solicitors can help after an agency worker accident

If you were injured while working as an agency worker in Middlesbrough, Redcar or the wider Teesside area, Askews Solicitors can help you understand your options.

We provide clear, straightforward advice on whether you have a claim and what steps to take next.

If you would like to discuss your circumstances in confidence, Contact Us today. Or visit Accidents at Work to learn more about our services.

This content is for informational purposes and is not intended as advice of any kind.