A Guide to Claiming Agency Worker Compensation

If your life, or the life of a loved one, has been affected by an agency worker injury compensation we can help.

The purpose of this guide is to help anyone who has suffered an agency worker injury compensation and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction

An employer has a duty to ensure that all their employees are fully trained in order to prevent injuries in the workplace. All employees should receive the correct training, whether they are full time, part time or agency staff.

If an employer fails to provide the appropriate training and an employee is injured, then the employee may be able to make a compensation claim.

Health and safety training ensures that employees are aware of hazards in the workplace and know how to handle equipment safely. Further training should also be provided for employees who are using machinery or handling heavy loads. An employer should also provide employees with protective clothing and equipment if necessary.

Do I have an agency worker claim?

It should be possible to make an agency worker claim if you were injured:

  • in the last three years and;
  • someone else was to blame.

Even if these two points don't apply to you, you may still be able to make a claim.

To find out for sure, speak to a legally trained adviser on 0800 612 7456.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

You can also find out if you have a claim with our Online Claim Checker.

What if the injury was diagnosed years after the event?

Typically, the dates of the injury and accident are the same. However, some injuries manifest themselves months or even years after the accident or exposure.

In this case, the clock starts ticking on the date of discovery (the date of diagnosis) of the injury rather than the date of the accident.

Read more

What if the employer has gone bust?

Even if an employer or their insurer has gone out of business, a former worker may still be able to make a work-related accident claim.

Employers are legally required to carry Employer's Liability Insurance. This insurance ensures that protection is in place for employees affected by work-related accidents or industrial disease. The majority of successful claims are not paid out by the employer but by the employer's insurance company.

In extreme cases, where an employer and their insurer have both ceased trading, and no other responsible party can be traced, compensation may still be available through the Financial Services Compensation Scheme.

Read more: Can I claim compensation if my employer has gone bust?

Can I claim Industrial Injuries Disablement Benefit?

Industrial Injuries Disablement Benefit (IIDB) is a non-contributory, no-fault weekly benefit paid to workers and former workers who become disabled because of an accident at work or due to certain industrial diseases.

Anyone who has sustained a disability as a result of injuries or diseases arising from work may be eligible to claim Industrial Injuries Disablement Benefit.

Read more

Do I need a final diagnosis to make an agency worker claim?

If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start an agency worker claim after an accident, the more likely your claim is to succeed.

Check my claim

What to do if you have an accident?

At the scene of the accident, the names and addresses of any witnesses should be gathered as they may be contacted to give a statement of events. If possible, photographs should be taken of the scene.The accident should be reported to the employer and recorded in an accident book.

An injured person should seek medical attention before anything else. In most cases, a claimant will have to undergo a quick and simple examination by a medical professional appointed by the personal injury solicitor. The impartial medical professional will compile a report of the claimant's injuries and may suggest further treatment if necessary. The medical report will help the lawyer to negotiate settlement terms.

Should you make a claim?

Some people feel that there is a stigma attached to making a compensation claim and some injured people are concerned about how other people will view them if they make a claim. If you have been hurt in an accident as a result of somebody else's negligence or recklessness, making a claim can help return you to the position you were in before the accident. This should certainly be viewed a positive course of action.

An employer cannot legally dismiss a worker who has made a compensation claim. In many cases the employer is not directly involved in the claim, and the case is handled by the employer's insurance company.

How much compensation can I claim for agency worker?

The amount of money you could claim for your agency worker will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your agency worker has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an agency worker? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for an agency worker claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an agency worker will depend entirely on your specific circumstances.

Your agency worker compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

See the injury table above for some examples.

Find out what your agency worker claim could be worth now

Assessing a claim's value at the outset can be complicated, particularly if you have multiple injuries.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

Can I claim for an existing agency worker that has got worse?

Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.

Will I have to pay tax on my agency worker compensation?

If you receive financial compensation following an agency worker injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.

Calculate my claim

How long do I have to make an agency worker claim?

In general, you have a time limit of up to 3 years from the date of the agency worker to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your agency worker claim becomes 'statute barred'.

Can I claim for an agency worker after 3 years?

The general rule is no, you cannot start a claim more than three years after an agency worker.

In reality, there are a number of factors that can affect whether an agency worker claim will be taken on by a solicitor.

Will I still be able to claim for an agency worker after the law changes in April 2020?

The law relating to personal injury claims is changing in April 2020.

You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).

In addition, compensation for whiplash and other soft-tissue injuries will be reduced.

Caring and sensitive support

Your solicitor will handle your agency worker claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

No win, no fee - the facts

No win, no fee takes all of the risk out of making an agency worker claim. If your claim is unsuccessful, you won't have to pay your solicitor any legal fees.

Our no win, no fee promise

Our no win, no fee guarantee means there is absolutely no financial risk in making an agency worker claim, even if you don't win your claim.

What do I pay if I win my agency worker claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my agency worker claim?

If your agency worker claim is not successful then you do not have to pay any legal fees at all.

Read more about how no win, no fee works

Please note, under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How can Quittance help?

Our highly experienced panel of solicitors have an excellent track record of winning work accident claims. Your solicitor will fight for the best possible compensation settlement for you.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Agency Worker FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert