Many legal rights can change based upon your employment status. If you are an agency worker and you have been injured in an accident, you may be unsure whether you can claim compensation.
Agency workers are a significant and rapidly increasing portion of the UK labour market. The numbers of agency workers has increased by 40% in the last 10 years and is predicted by some to reach 1 million by 2020.
Organisations often turn to agencies to supply them with temporary workers when they are short-handed. This means that, as an agency worker, you will frequently find yourself working for an organisation which might appear that you have no legal relationship. After all, your contract will be with the agency who supplied you to the organisation.
So what happens if you are injured in an accident whilst working as an agency worker? What rights do you have to compensation?
Employers owe legal duties to their staff to keep them safe and healthy in the workplace as far as reasonably possible. In general terms, these duties apply just as much to an agency worker in the employer’s workplace as the ‘regular’ workers.
If you are an agency worker who has suffered a personal injury whilst working at an organisation’s workplace, you may be able to claim for compensation against that organisation if the accident was caused by their conduct.
As a general rule, all employees, whether they are agency, part-time or full-time, are fairly well protected by health and safety law. Generally speaking, the majority of accident at work claims will be successful, even if you are working for an agency.
Why should I claim compensation following a personal injury?
Sadly, nothing can change the fact that you have been involved in an accident. But by claiming compensation, you can take positive action against the injustice you have suffered.
The compensation you are claiming is intended, as far as possible, to return you to your pre-accident situation – recovering losses you have incurred and relieving the financial pressure you may be under.
Claiming compensation for an accident at work isn’t just ‘about the money’. It can help with your recovery by allowing you quicker access to treatment and rehabilitation, getting you back to your normal life as soon as possible.
A claim is also about making a stand for what’s right. If you have been injured due to bad practices or poor safety standards in the workplace through an accident at work, then your claim can act as a strong financial deterrent to those responsible. Your claim could force changes to be made, ensuring that this kind of accident at work does not happen to anyone else in future.
Claim agency worker compensation with Truth Legal
Claiming compensation is an important undertaking and you should always make sure your legal representatives are qualified solicitors or qualified legal executives whom you trust. Truth Legal’s friendly team of specialist solicitors have successfully helped hundreds of clients to recover compensation.
We are based in Harrogate with presences in York, Manchester, and London. Ideally, we would like to sit down with you for a free, no-obligation consultation and to discuss any ways in which we can help you. Alternatively, we can arrange a telephone consultation with you at a time convenient for you.
Get in touch now to begin your claim with us.
Switching your ongoing agency worker claim to Truth Legal
Insurance companies and claims management companies will often assign your case to a law firm themselves. Many of these firms are set up to deal with large quantities of cases rather than provide high-quality legal service.
Always remember that you are entitled to change your legal representatives if you wish. Given how important specialist legal representation is in a claim, do you really want your choice of solicitors to be made by someone else?
If you are unhappy with the service or quality of your current legal representatives for your accident at work claim, staying with them is likely to make your claim a dissatisfying and unpleasant experience. By switching solicitors to Truth Legal, you can be sure of an individual appreciation of your case, conducted by experienced personal injury solicitors.
If your accident at work claim has already been settled, it cannot be re-opened, even by switching your case to another firm. However, if you believe that your legal representatives mishandled or under-settled your claim, you may be able to bring a claim against them for professional negligence.
Making a claim as an agency worker after an accident at work
As an agency worker, you are just as entitled to be kept safe in your working environment as other workers. In order to successfully claim compensation for an injury you have suffered, we must prove:
• you were owed a duty of care by the party you are claiming from;
• they failed in this duty, or their standards fell short of those required; and
• you suffered your injury as a direct consequence of this.
Your claim may not always be directed against the owners of the workplace in which you were working. Depending upon the circumstances of your accident, a claim may be made against your agency instead. For example, if you suffered an injury because of inadequate personal protective equipment, and this equipment was supplied by your agency, then they could be liable for your injury.
What can I include in my agency worker accident claim?
Your injury is likely to be the main part of your claim. When you claim compensation for injuries, you are essentially claiming for the pain and suffering that the injury has caused you, as well as how the injury has affected your daily life.
Suffering an injury, particularly a severe one, can affect many parts of your life. Often this leads to other losses and expenses being incurred. If losses have resulted directly from the accident at work, you can include them in your claim.
Some common types of loss include:
– Loss of earnings
– Medical expenses and treatment costs
– Travel expenses
– Care and assistance
Many different kinds of loss can be included in a compensation claim. To find out more, download our free ebook: The Ultimate Personal Injury Compensation Guide.
How long do I have to make my agency worker accident claim?
Every personal injury claim is subject to time limits. In general, if too much time has passed from the date of your accident, you may be unable to bring your claim. In most situations, this time limit is 3 years.
Some rules can change the time limit which may apply in your case. So even if you believe you have missed the deadline, it is worth speaking to us to see if anything can be done.
It is always advisable to make your claim as soon as possible, however, as these time limits may elapse sooner than you anticipate. If you are concerned about the deadlines for your case, please do not hesitate to contact us so we can advise you on your position.
‘No Win No Fee’ agency worker accident claims
Putting a ‘No Win, No Fee’ agreement in place is an ideal way of funding a personal injury claim. Truth Legal will always try to conduct matters under a ‘No Win, No Fee’ agreement where possible, unless you have the benefit of Legal Expenses Insurance. A No Win, No Fee agreement means that, in almost all situations, you will not have to pay our fees if we do not succeed in securing compensation for you.
If we are successful, often some of our fees will be deducted from your compensation award. Most fees, however, are recovered from the other party (or more commonly their insurers). This is how No Win, No Fee Agreements usually operate.
We have also partnered with CrowdJustice, a leading crowdfunding platform specifically designed to help clients get access to funding for their case. Find 0ut more about Crowdfunding for legal cases.
If you have any questions about funding your claim, please contact us so that we can explain matters further.
More information about agency worker accident claims
Truth Legal offers free consultations, with no obligation to proceed any further. Contact us today to find out more about making a personal injury claim as an agency worker, or to discuss your case in detail.
Let us help you to claim the compensation you deserve.