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If you or a family member have been involved in an accident as an agency worker, it is imperative that you talk to a solicitor if you wish to pursue a claim.Tell Us About Your Case
Being involved in an agency worker accident, regardless of how serious the workplace accident was, can be a traumatic experience – whether you have sustained any injuries or not. In cases where you are involved in an agency accident that was not your fault, there may be a legal remedy. This legal remedy, you can seek by way of an agency worker claim.
An agency worker is somebody who has an agreement with a certain agency to work for another person or company. Agency workers do not have all the same employment rights as a permanent worker but they are entitled to equal treatment in working and employment conditions. This is set out in the EU Directive on Temporary Agency Work and Protection of Employees (Temporary Agency Work) Act 2012. Agency workers should receive equal treatment when it comes to rest breaks, annual leave, pay and public holidays. If there are certain facilities which are made available to permanent employees then agency workers should also have access to these. As agency workers will be essentially doing the work of a particular company it is important that they receive the same treatment when it comes to making a claim for injuries sustained in the workplace.
If an accident is caused as a result of negligent behaviour on part of the company then they may be found liable for the accident and a claim can be made in the same way as a permanent employee.
The most common agency worker accident claims are:
Following an agency worker accident, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after an agency worker accident, take a second to assess yourself to determine if you have any injuries. Then check if anybody else involved in the accident need medical attention. If you or anyone else involved has sustained a serious injury ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to more serious injuries in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is critical to report the accident to your superior, i.e. a supervisor or manager on site. It doesn’t matter how small you think the accident may be. By law, accidents at work are required to be reported if the person is injured and can’t perform their daily work tasks for more than three days. Make sure to fill out an Accident Report Form. This can be used for reference in any medical examination and will also prevent any similar accidents from happening in the future.
If possible, try to collect the contact details of anybody that witnessed your accident. This may be of use if you do decide to pursue an agency worker accident claim. It is also useful to find out if there is any CCTV in the area where your accident happened.
It is important that you collect all the relevant information in connection with your accident:
If you are considering moving forward with an agency worker accident claim for any personal injuries sustained it is advisable that you speak with an agency worker accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Personal Injuries Assessment Board for assessment. An agency worker accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist agency worker accident solicitor to help you with this.
When you decide you want to move forward with your agency worker accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
Solicitors are aware of the agency worker accident claim process and can avoid any legal bumps in the road you might encounter if you did this process yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so they can obtain a report on your injuries.
As soon as your solicitor has gathered all the information, your agency worker accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next steps.
At this point one of two scenarios will unfold:
a. If both you and your employer accept the Injuries Board assessment, your case is settled and your employer/agency/liable company will be ordered to pay settlement to you.
b. If either you or your employer reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all – regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your agency worker accident, phone 01 649 9900 or email firstname.lastname@example.org to tell us about your case, where you can speak with a member of our team straight away.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with an agency worker accident claim you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an agency worker accident.
Special damages are out of pocket expenses incurred as a result of the agency worker accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.Learn more about Time Limits
In some cases, it can be difficult to determine who is responsible for injuries sustained by an agency worker as this will depend on the individual circumstances.
As agency workers will have an agreement with their agency to work for certain companies they will expect that the premises that they will be employed in will be safe and of a high standard. It is important that an agency carries out an assessment on the particular company’s buildings prior to agreeing to contract out an employee. If this is not done then they may be found liable for any injuries as they should have shown a reasonable duty of care to the workers.
As an agency worker will most likely be taking instructions from the company itself they may be found liable for the injury. An employer is expected to provide a safe working environment for all employees so a breach in this duty of care can result in an accident. If the employer or occupier of the premises in which the work is being carried out has not followed the duties set out in the above Act then they may be held liable.
Being involved in an agency worker accident, as an employee can be a traumatic experience, especially if you have suffered any personal injuries. The most common injury claims that can occur after an agency worker accident are:Learn more about Injury Claims
We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.
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