This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how workplace injury claims work for agency workers in England and Wales, including who owes a duty of care, how liability is decided, what compensation can be claimed, evidence requirements, and practical steps to pursue your rights after a temporary work injury.
Agency workers make up a significant part of the UK workforce. When these workers are injured at work in England and Wales, they have rights to pursue compensation much like permanent employees. However, workplace injury claims involving agency workers raise particular issues around who owes a duty of care, which party may be liable, how to prove negligence and what evidence is needed. This article explains these issues step by step, making the law accessible to novices, credible for solicitors, and useful for students and the public.
Agency Workers and Workplace Injury Claims
An agency worker is generally someone who has a contract with a staffing agency and is supplied to work temporarily for a different organisation (often called the “hirer” or host employer). Agency workers perform tasks under the direction and control of the hirer, even though they are paid by the agency. Injuries sustained in the course of such work may give rise to a personal injury claim if the injury resulted from negligence or breach of legal duty. The key legal question is who is responsible and what practical steps are needed to pursue compensation.
Legal Rights and Duty of Care
Agency Workers Are Owed a Duty of Care
Under the Health and Safety at Work etc. Act 1974, all workers, including agency workers, are owed a duty of care by the organisation where they carry out work. This duty requires employers to provide a safe working environment, adequate training, protective equipment and appropriate supervision to prevent injuries. Agency workers benefit from the same basic health and safety protections as permanent employees.
Even though an agency worker is contracted to a staffing agency, when they are placed on assignment, the hirer (host employer) typically assumes responsibility for day‑to‑day health and safety. This means the company where the injury occurs may owe the primary duty of care.
Who Can You Claim Against?
1. The Host Employer
In most cases, the employer for the purpose of a workplace injury claim is the company that:
- controls the workplace,
- directs how tasks are performed, and
- provides equipment and supervision.
This employer owes the duty of care under health and safety law and is usually the main defendant in an agency worker injury claim.
2. The Agency
Liability can also lie with the recruitment agency that engages the worker where it can be shown that:
- the agency retained control over how the work was performed, or
- the agency itself breached health and safety obligations (for example, failing to ensure the worker had proper training or equipment).
In situations where both parties share responsibility, claims may be brought against both the agency and the host employer, depending on the contractual arrangements and control over the work. This is recognised in legal practice as involving vicarious liability or overlapping duties.
Making a Claim: Key Requirements
To succeed in a workplace injury claim as an agency worker, you must generally show:
- Duty of Care Owed: That the company you were placed with owed you a duty of care.
- Breach of Duty: There was a failure to take reasonably practicable steps to ensure your safety.
- Causation: The breach caused your injury.
- Loss and Damage: You suffered quantifiable harm - for example, physical injury, financial loss, or impairment of daily activities.
These elements mirror those in other personal injury claims. Evidence such as witness statements, accident reports, medical records and risk assessments is essential.
Statutory Time Limits
As with other personal injury claims in England and Wales,
an agency worker must comply with the three‑year limitation period set out in the Limitation Act 1980. The limitation period usually starts from:
- the date of the accident that caused the injury, or
- the date you became aware (or ought reasonably to have become aware) that your injury was significant and linked to work.
Missing this three‑year deadline typically means the court can refuse to consider your claim regardless of its merits.
Evidence and Documentation
Strong evidence is crucial in workplace injury claims involving agency workers, especially as they often take place in environments where staffing and supervision may be complex. Key forms of evidence include:
- Medical evidence documenting injuries and causation;
- Accident reporting records (accident books, internal incident reports);
- Witness statements from colleagues or supervisors;
- Risk assessments and health and safety documentation from the host employer;
- Photographs and, where relevant, CCTV footage of the accident scene.
Keeping detailed personal notes about the incident, including dates, times and names of witnesses, helps support a claim if employer records are incomplete.
What Compensation Can You Claim?
Successful claims can result in compensation for:
- General Damages: For physical and psychological injury, based on Judicial College Guidelines.
- Special Damages: For financial losses including lost earnings, medical expenses, travel costs for treatment, care costs, and future loss of earnings where applicable.
The value of any award depends on the nature and severity of injuries and the extent of financial consequences.
Reporting and Practical Procedures
If injured at work as an agency worker, it is important to:
- Report the injury promptly to both the host employer and the agency.
- Ensure the incident is entered into the workplace's accident book or reported to a supervisor if no formal book exists.
- Seek immediate medical attention and ensure that your medical records accurately reflect the work‑related nature of your injury.
- Preserve evidence (notes, photos, witnesses' contact details).
Prompt reporting and documentation not only support your claim but can help protect future workers by highlighting safety hazards.
Common Questions About Agency Worker Claims
Can agency workers really claim compensation?
Yes. Agency workers have the same legal right to pursue a workplace injury claim as other employees when a duty of care has been breached and that breach causes injury.
Who is usually liable - the agency or the employer?
Liability typically lies with the host employer who controls the workplace and work tasks. However, the agency may be responsible if it has retained control or failed to meet its own health and safety obligations.
Does working through an agency mean fewer rights?
No. While employment rights such as unfair dismissal and redundancy pay may differ for agency workers, health and safety protections and personal injury claim rights are fundamentally the same.
Key Takeaways
Agency workers in England and Wales have the right to pursue workplace injury claims when they are injured due to negligence in the workplace. The legal duty of care owed by employers extends to all workers, including temporary agency staff. Determining liability - whether with the host employer, the agency, or both - depends on contractual arrangements and control over work tasks. Claims must be supported with strong evidence and comply with statutory time limits. With careful documentation and appropriate legal guidance, agency workers can recover compensation for injuries and associated financial losses.
