If you are an agency worker and suffer an accident at work that leaves you injured, whether your injuries are slight or more severe, you may wonder who could be held liable. Because this type of claim can be complex, it is best to discuss your case with a solicitor who would be in the best position to determine whether it is the recruitment agency or the employer who could be deemed responsible. To find out more on whether you can sue a recruitment agency for an accident at work that left you injured, please read on.

What is the Definition of an Agency Worker?

If you have signed a contract with a recruitment agency that finds you temporary work for various employers, you are an agency worker which means you can also be referred to as being a “temp”. The following criteria establishes that you are an agency worker:

• That you have a contract with a recruitment agency
• That the recruitment agency finds you temporary work with various employers
• When you are working for an employer on a temporary basis, the employer is in control of the work you carry out for them
• That you are not self-employed

You are not classed as an “agency” worker if any of the following apply to you:

• A recruitment agency finds you temporary work, but you are self-employed
• You have signed a Managed Service Contract with the agency – which means the work you carry out for an employer is a specific service that is provided by the agency – examples being cleaning, catering and other jobs that involve the agency telling you what must be done on a day to day basis, in short, it is the agency that is in control of the work you carry out

Should you suffer an injury in an accident at work and the recruitment agency is in “control” of the tasks you are charged to carry out on a daily basis, liability for the incident and your injuries may fall to the recruitment agency providing you can prove their negligence and meet specific criteria which are listed below:

• That the working environment you were sent to was unsafe to work in
• That the accident occurred within the last 3 years

With this said, very often it is both the recruitment agency and the employer who are deemed responsible which is when vicarious liability comes into effect. If you suffered an injury while working for an employer that a recruitment agency placed you with and would like to know who may be held liable, it is best to discuss your case with an accident at work lawyer who specialises in recruitment agency claims.

A Recruitment Agency’s Liability Insurance Responsibilities

When it comes to liability for accidents at work that leave you injured when you are working through a recruitment agency, it would depend on several factors as to whether the agency could be held responsible. By law, they must have liability insurance in place for their own employees, but they should also have in place cover that specifically covers them for vicarious liability as well as the following:

• Insurance cover for standard contracts
• Insurance cover for non-standard contracts

Recruitment agencies should have an insurance package that is specifically designed to cover the people who work for them and for the people they place in jobs bearing in mind that there should be a clear distinction between the two. Because recruitment agencies now play an important role in the employment industry, insurance companies have come to understand the specialist cover that is required.

What is Vicarious Liability?

Vicarious liability covers accidents and injuries caused through the negligence of a third party. Because recruitment agencies are sometimes deemed as “employers” of temporary or agency staff, they could be held liable to a certain extent should you be involved in an accident at work that leaves you injured. A court could decide that all “parties” be held responsible which includes the employer you are working for on a temporary basis and the recruitment agency that found you the placement.

With this said, a recruitment agency may just be responsible for paying “defence costs”. However, because there has been an increase in the number of non-standard contracts, a recruitment agency may only be held partly responsible/negligent for the injuries you sustain. The reason being that a recruitment agency has a duty of care towards you which is particularly true when it comes to accident at work claims that are filed by blue collar workers. The reason being that they typically suffer more severe injuries in the workplace than their white collar workers counterparts.

What are My Workers Rights After Suffering an Injury at Work?

All agency and temporary workers who are involved in an accident at work that leaves them with some sort of injury whether minor or more serious, have certain rights some of which are listed below:

• The right to seek compensation for the pain and suffering as well as out of pocket expenses you incurred as a direct result of having been injured in the workplace

Because it can be challenging when it comes to determining liability for your injuries, it is best to seek legal advice from a solicitor who specialises in recruitment agency accident at work claims.

Should I Sue a Recruitment Agency for an Injury at Work?

If you work for the recruitment agency under contract, whether as a cleaner, caterer or provide another service that is organised by a recruitment agency for specific employers and you suffer a workplace injury, you would be entitled to seek compensation from the recruitment agency. However, because this type of claim is complex, it is best to speak to a solicitor who would determine whether you have a strong case and who could be held responsible for the injuries you sustained while at work. A solicitor may find that both the recruitment agency and the employer you were working for at the time of the accident that left you injured share the responsibility. As such, you could sue the recruitment agency and you could also seek compensation from the employer you were working for at the time.

Employers and recruitment agencies in the UK are legally bound to have liability insurance in place. Recruitment agencies must have insurance packages that cover both their own staff and the workers they find placements for. As such, filing a recruitment agency accident claim would be handled by insurance companies who would also settle a claim should it be successful.

Is There a Time Limit to Filing a Claim Against a Recruitment Agency?

As with all accident at work claims, you have 3 years from the date of the accident that left you with injuries to file a claim against a recruitment agency. If you wait too long, you may fall foul of this statutory time limit bearing in mind that proving your case against a recruitment agency can be a long, drawn out and complex legal process that is often hotly disputed. The 3 year time limit for accident at work claims are explained below:

• 3 years from the date of the accident that left you injured
• 3 years from the date an official diagnosis was made of a work-related health issue you developed
• 3 years from the date of your 18^th birthday, should you have been injured before you were the age of 18

To avoid missing out on filing a recruitment agency claim following an accident at work that left you injured, you should contact a solicitor who would provide essential legal advice which is typically done in a no obligation, initial consultation that is free of charge.

Are There Any Benefits to Working With a Solicitor on Recruitment Agency Accident Claim?

Because recruitment agency claims tend to be complex, it is far better to seek legal advice from a solicitor who specialises in this type of personal injury claim. It could be that both the recruitment agency and the employer you were working for at the time of the accident share liability for the injuries you sustained. As such, a solicitor would communicate with both the recruitment agency’s insurers and the insurers that cover the employer you were placed with. This leaves you to concentrate on your recovery rather than having to represent yourself in what is often a complicated legal process.

Solicitors who handle accident at work claims have access to legal libraries which is essential when filing this type of complex claim. They are also familiar with the all the legal procedures that must be adhered to when making an accident at work claim. This ensures that the process begins correctly which in turn means there is far less chance of having to put up with unnecessary hold-ups. In short, working with a solicitor on a recruitment agency claim could speed up what is often a long, drawn out, complicated legal process.

Would a Solicitor Work on a No Win No Fee Basis on My Recruitment Agency Accident Claim?

If you have suffered an injury at work when placed with an employer by a recruitment agency, you should seek legal advice before taking the matter any further. As previously mentioned, this type of accident at work claim can be more complex because proving who is liable for your injuries can be challenging. A solicitor would typically offer a no obligation, initial consultation for which there would be no charge. This allows them to determine whether you have a claim and whether you have a strong case against a recruitment agency, an employer or if both can be held responsible for the injuries you sustained.

Once a solicitor has determined your claim is strong and who could be held liable for your injuries, they would typically offer to represent you on a No Win No Fee basis and as such you would sign a CFA with the solicitor which is a legal contract called a Conditional Fee Agreement where you will find the Terms and Conditions as well as the percentage you agree to pay a solicitor which is called a “success fee”. This is only payable on successful recruitment agency claims. If your case is unsuccessful, you would not have to pay for the legal representation you received on your recruitment agency claim.

All employers in the UK have a legal responsibility to keep employees safe when they are at work which includes ensuring that the equipment and machinery is in good working order and not defective in any way. Should you sustain an injury because you had to work with defective equipment or machinery, you may be entitled to file for compensation for the injuries you sustained through employer negligence.

Your Employer’s Responsibilities on Maintaining Equipment and Machinery in the Workplace

Your employer must carry out risk assessments in the workplace which includes checking that all tools, equipment and machinery is in good condition and safe for employees to use. However, some employers fail to maintain the equipment and as a result, you are injured. If this is the case, your employer could be held in breach of their duty. The long-term damage that you could sustain when using defective equipment in the workplace can be catastrophic leaving you unable to work again.

Apart from the Health and Safety Executive regulations that all employers must legally abide by, employers must also adhere to the following:

• The Provision and Use of Work Equipment Regulations (PUWER) 1998

The legislation sets out the regulations when it comes to ensuring that an employer has set in place all “reasonable” measures to protect employees from harm and injury in the workplace. The law states that employers should set in place the following safety measures:

• To conduct regular risk assessments of equipment, tools and machinery that employees use in the workplace and when necessary when they use equipment off-site
• To regularly and correctly maintain all equipment, tools and machinery as set out by the manufacturers
• To replace faulty or defective equipment, tools and machinery and to dispose of any that are not safe to use
• To provide sufficient and adequate training on how to use equipment, tools and machinery in the workplace
• To train all employees on how to use equipment, tools and machinery safely and to make them aware of all risks associated with their use

Should an employer fail in their duty to keep you safe from injury and harm when using equipment, tools and machinery at work which results in you being injured, you would be within your rights to seek compensation from an employer providing you meet specific criteria.

If you sustained any sort of injury at work due to defective equipment even if your injuries are relatively minor, you should seek legal advice from a solicitor who specialises in accident at work claims sooner rather than later to avoid falling foul of the time limit associated with personal injury claims.

Facts and Statistics Relating to Defective Equipment in the Workplace

According to reports published by the Health and Safety Executive, the number of workplace accidents that result in injury due to defective equipment, tools and machinery are quite common in the UK. The statistics are detailed below:

• Around 145 workers suffered fatal injuries due to defective equipment from 2015 to 2016
• Around 1.2 million workers currently suffer from accident at work injuries
• There were 611,000 accident at work injuries reported from 2014 to 2015
• Around 27.3 million days are lost from 2013 to 2014
• Around £14 billion was spent on work-related injury treatments from 2013 to 2014

Common Injuries Sustained When Using Defective Work Equipment

There are many injuries you can sustain when working with defective equipment, machinery and tools with the most common being listed below:

• Injuries sustained due to working with defective equipment that results in parts of your body being crushed
• Broken bones and fractures
• Spinal and back injuries
• Permanent damage that result in disability
• Death

Would My Defective Work Equipment Claim be Valid?

There are many laws that protect you as an employee in the workplace which includes when you suffer an injury because of defective work equipment. These are detailed below: 

• Provision and Use of Work Equipment Regulations (PUWER) 1998
• The Personal Protective Equipment at Work Regulations 1992
• Lifting Operations and Lifting Equipment Regulations (LOLER) 1998
• Electricity at Work Regulations 1989

Should you have suffered an injury because you worked on defective equipment, tools or machinery, you would need to provide evidence that an employer was in breach of any of the above which would make them liable for your injuries. A solicitor who specialises in defective work equipment claims would assess whether your employer failed to set in place preventive measures to ensure you were kept safe while at work.

It is also worth noting that even as an employee, you would have every right to file a claim against a manufacturer should you have suffered an injury which can be proved to have been caused by defective work equipment. You could also be entitled to file for compensation against the company that services the equipment should you believe they were responsible for the accident occurring.

How Would My Defective Work Equipment Injury be Assessed?

Whether you sustained a minor injury or something more catastrophic as a result of working with defective work equipment, you should seek medical attention as soon as possible so that a doctor can provide a detailed report of the injuries you sustained. Typical injuries sustained when working with defective equipment could include the following:

• Minor injuries which can be treated in a relatively short time. This includes surface burns, minor soft tissue damage, bruises, cuts and swelling
• Moderately serious injuries could include fractures and broken bones, injuries to your back and neck as well as other damage from which you could recover
• Serious burns, neurological damage, amputation, muscle tissue damage, kidney failure, eye injuries which includes cataracts are deemed extremely severe injuries that can occur as a result of working with defective equipment, machinery and tools. This type of injury often leads to permanent damage that requires ongoing treatment and can be life-changing

When it comes to assessing the extent of your injuries and the amount of compensation you may be awarded in a successful defective work equipment claim, several things would be factored in which includes the following:

• The severity and complexity of your injuries and how your life is negatively impacted
• Whether your injuries prevent you from working again
• Whether you require ongoing treatment for the injuries you sustained

What are the Long-Term Effects of a Defective Work Equipment Injury?

All too often when injured while working with defective equipment, machinery or tools, you may not immediately be aware of the extent of the damage you sustained. Your injuries may appear minor at first with more serious symptoms only becoming apparent later on in time. Should you have suffered a burn when working with defective equipment which left you with unsightly scarring, you may find that it negatively impacts how you are treated by other people which can lead to you suffering from depression.

Should your injuries damage internal organs, you could be at risk of developing other health issues which could negatively impact the rest of your life. As a result, you may find that you are dependent on others and you may even need to be cared for on a daily basis either by a family member or a carer for the remainder of your life.

What To Do Following an Accident Due to Defective Work Equipment

If you sustained an injury at work because of defective equipment whether you were using machinery or tools, your employer could be held liable for your injuries. There are specific steps you should follow when you are involved in an accident at work that leaves you injured whether your injuries are slight or a lot more severe. The steps to follow are detailed below:

• Seek medical attention as soon as you can even if you think your injuries are only minor
• Collect as much evidence of the accident as you can which includes CCTV footage if available, photos of where the accident occurred and the equipment involved
• Take witness statements remembering to get their contact details which are needed should you decide to file for compensation
• Make sure the accident has been reported to the person in charge/employer – this should be a formal detailed account of the incident, the defective equipment and your injuries
• Obtain an official medical report which details the extent of the injuries sustained working with defective equipment

You should also discuss your case with an accident at work solicitor who would assess your claim to determine who could be held liable for the injuries you sustained and whether your case could be upheld by a court.

What Can I Include in My Defective Work Equipment Claim?

The compensation you may receive in a successful defective equipment claim, is broken down into two categories which are general damages and special damages as detailed below:

• General damages are awarded and calculated to cover any pain, suffering and loss of amenity you had to endure as a direct result of having been injured in the workplace
• Special damages are awarded and calculated on the amount of out-of-pocket expenses you incurred which you would not have had to deal with should you have not been injured at work. This includes travel expenses for necessary treatments, medical bills which includes specialist treatment and prescriptions. It also covers any loss of earnings and future earnings as well as care costs should you need specialist care as a direct result of the injuries you sustained when working on defective equipment at work

In order to prove your defective equipment claim, it is crucial that you keep all records of the expenses you have to pay out following an accident at work.

How Do I Start a Defective Work Equipment Accident Claim?

If you are unsure of whether you would be entitled to claim compensation for a defective equipment injury you sustained at work, you should discuss your case with a solicitor who specialises in work-related personal injury claims. You will find that a solicitor would offer a no obligation, free initial consultation in order to determine whether your claim against an employer would be upheld by the courts. You should also make sure that the accident was reported to the necessary authorities if your injuries were “reportable” to RIDDOR.

Once a solicitor has assessed your claim and believes you have a strong case against an employer due to their negligence, a solicitor would typically offer to represent you on a No Win No Fee basis. In short, the solicitor would be able to start working on your claim by informing your employer and their insurers of your intentions and they would do so without requesting a retainer or upfront fee.

How Long Before I Receive Compensation for a Defective Work Equipment Claim?

The time it takes for a court or insurers to settle a defective work equipment claim, would depend on the complexity of the case and whether you would need ongoing treatment for the injuries sustained. There are many factors that are taken into consideration but should your claim be straightforward and undisputed, it can take anything from 6 to 9 months for a settlement to be reached. In short, this is the time it may take for you to receive compensation providing your claim is not complex.

Working With a No Win No Fee Solicitor on a Defective Work Equipment Claim

Having agreed to work with a solicitor on a No Win No Fee basis, it leaves you to concentrate on your recovery having been injured in a defective equipment at work accident. Because the solicitor has signed a Conditional Fee Agreement with you, means they can begin working on your case without you having to pay an upfront fee. They would communicate with your employer and insurers which can help speed up what is often a long drawn out, complex legal process.

A Conditional Fee Agreement means you can pay for the legal representation you receive from a No Win No Fee solicitor when your defective equipment claim is successful and the percentage you agreed to pay would be deducted directly from the amount of compensation you are awarded. Should your claim be unsuccessful, because the solicitor agreed to take on the risk, you would have nothing to pay for the legal services they provided on your defective equipment claim.