If you are a temporary worker and suffer an accident while in the employment of a company, business or employer, you may wonder if you can file for compensation for the injuries you sustained. The answer is that providing the incident occurred through no fault of your own and you were injured in the last 3 years, you may be entitled to file an temporary worker accident at work claim as long as you can meet certain criteria. To find out more, please read on.
What are My Rights as a Temporary Worker?
Just like permanent employees, contracted staff or agency workers, as a temp, your rights are the same when it comes to health and safety in the workplace. The same can be said of an employer’s responsibilities towards you which includes making sure a working environment is safe and that you receive the correct amount of training for the job you are tasked to do on a temporary basis. An employer must also provide the right tools whilst you are in their employment.
As a Temporary Worker, Your Employer’s Responsibilities in More Detail
As previously mentioned, all employer’s throughout the UK have a legal responsibility to keep all the people who work for them safe from injury and harm at work and this covers temporary staff too. Other legal responsibilities towards you as a temporary worker include the following:
- That you are given the correct amount of training
- That you are aware of a company’s procedures following an accident in the workplace
- That the correct equipment and tools are provided
- That adequate personal protection equipment is made available when necessary
- That adequate supervision is provided to employees
Should an employer fail to keep you safe and they are in breach of any of the above which are legal requirements, as a temporary worker, you would have every right to file an accident at work claim against an employer with the proviso being that it can be proved they were negligent.
The Procedure to Follow as a Temporary Worker Injured in the Workplace
Should you have the misfortune to be involved in a workplace accident that leaves you injured, whether your injuries happen to minor or a lot more severe, you should follow the company’s accident reporting procedure which is the same for temporary workers as it is for permanent staff. With this said, you should also report the incident to the employment agency that sent you to work for an employer on a temporary basis. The typical accident reporting procedure following a workplace incident that leaves you injured is detailed below:
- Seek medical attention as soon as possible
- Report the accident and your injuries to the person in charge – if your injuries prevent you from doing so, make sure a work colleague or someone else does this on your behalf
- Make sure a record of the incident is placed in the accident report book – if there is no book, write down all the details of the accident and your injuries and send this to the person you are working for, keeping a copy for your own records
- If necessary, make sure the accident is reported to the relevant authorities
- Get witness statements and their contact details which would be needed when you file a claim for compensation
- Take photos of where the workplace accident occurred and if possible, CCTV footage of the incident
- Take photos of your injuries before you receive any sort of treatment
- Get an official medical report detailing the extent of your injuries
All of the above would be needed as evidence of a workplace accident that left you injured and would be used to calculate the amount of compensation you may be awarded in a successful temporary worker accident at work claim.
As a Temporary Worker, What Can I Include in an Accident at Work Claim?
As a temporary worker who has suffered an injury at work in the last 3 years through no fault of your own, there are certain things that can be included in your claim which are listed below:
- General damages
- Special damages
What Do General Damages in a Successful Temporary Worker Claim Cover?
General damages cover pain, suffering and loss of amenity. The amount of compensation you may be awarded in a successful temporary worker claim, would be calculated on the extent of your injuries and how much pain and anguish, both mental and physical you had to endure.
What Do Special Damages Awarded in a Successful Temporary Worker Claim Cover?
Special damages are easier to calculate as the amounts you may be awarded in a successful temporary worker claim, would be based on the amount of money you had to spend out as a direct result of having suffered an injury as a temporary worker. The compensation you are awarded would be based on your out-of-pocket expenses which includes medical costs, travel expenses and all other expenditures you incurred as a direct result of your injuries.
Can a Solicitor Help Speed Up The Process of Filing a Temporary Worker Accident Claim?
A solicitor who specialises in work-related injury claims, would be able to speed up what is often a long, complex legal process. All too often, an employer’s insurers may take their time when it comes to responding to correspondence they receive from plaintiffs which can slow down a claim. Accident at work solicitors boast having the necessary experience when it comes to communicating with insurers and this alone can help speed up the process considerably. Solicitors also have access to legal libraries which they can use as a basis for accident at work claims they are working on.
A solicitor would also be able to determine how much compensation that, as a temporary worker, you may be entitled to, bearing in mind that a very high percentage of accident at work claims are settled before being heard by a judge. The reason being that an employer’s insurer will more than likely choose to offer an out of court settlement which is best negotiated by an experienced accident at work solicitor who would make it their goal to ensure you receive a level of compensation you rightly deserve and no less.
Is There a Time Limit To Filing a Temporary Worker Accident Claim?
As with all accident at work claims, you must adhere to a strict 3 year time limit if you are considering filing a temporary worker accident claim against an employer. The time limit starts from the date you suffered an injury at work, or the time a health issue was diagnosed by a medical professional. However, if you were under the age of 18 when the accident occurred, the time limit of 3 years only starts from the date of your 18th birthday.
As a Temporary Worker, Should I File an Accident at Work Claim Against an Employer?
If your injuries are such that you are unable to work for a short time, you could still be put under a lot of financial stress. If your injuries are more severe, you may not be able to work for much longer and if the injuries you sustained were catastrophic, it could mean that you are unable to work again. However, slight or more severe your injuries happen to be, you have every right as a temporary worker, to be compensated for the out-of-pocket expenses you had to cope with together with any pain and suffering as well as the loss of amenity you had to endure through no fault of your own.
The amount you may be awarded by a judge or an employer’s insurers, would go a long way in relieving any financial stress you may have to deal with through the negligence of a third party. It is also noteworthy that employers in the UK are legally obliged to have valid liability insurance in place and as such, the compensation you receive in a successful temporary worker accident claim, would be paid by an employer’s insurers and would not come out of an employer’s profits.
Would an Accident at Work Solicitor Agree to Take on My Claim on a No Win No Fee Basis?
Most solicitors would offer to work on your temporary worker accident claim on a No Win No Fee basis, providing you can meet all the criteria needed to prove your case. A solicitor would offer an initial consultation which is typically free of charge and you are under no obligation to proceed should you choose not to. The consultation provides an accident at work solicitor the opportunity to determine whether you have a strong claim against a negligent employer and once this has been established, the chances are that the solicitor would then offer to work on your case on a No Win No Fee basis.
This would means signing a legal contract which sets out the percentage you agree to pay for the legal representation you receive which is known as a “success fee”. The fee would only be payable on a successful temporary worker accident claim because having entered into a Conditional Fee Agreement with you, the solicitor would have accepted the risk that should your claim not be successful, you would have nothing to pay for the legal services they provided.
Not having to find the money to pay an upfront fee for a solicitor to represent you in an accident at work claim, allows you to concentrate on your recovery. It also means that you are given essential legal advice right from the outset which in turn can speed up the process considerably. In short, working with a No Win No Fee solicitor offers many advantages and goes a long way in ensuring that not only do you receive the level of compensation your rightly deserve, but it can mean you receive the amount you are due sooner rather than later.