Can I claim injury compensation as an agency worker?

By Chris Salmon | Updated: September 27, 2025

More than 1 million people in the UK are employed through agency work at any one time (Source: GOV.UK Agency worker rights)

As an agency worker, you still have the right to make a work injury claim if you are injured at work. The law gives you the same protection as permanent staff, and compensation can cover your pain and suffering, medical costs, and financial losses.

Employer’s duty of care

Under the Health and Safety at Work Act 1974, all employers have a duty of care to provide a safe working environment. This duty applies to full-time, part-time, agency, temporary, and contract workers. Employers must:

Provide appropriate training
Ensure safe systems of work
Supply protective clothing and equipment (PPE) where needed

If your employer breaches this duty and you are injured, you may be entitled to claim compensation, regardless of your employment status.

Is the agency or the workplace liable?

In most cases, responsibility lies with the company where you are placed, not the agency that arranged the work. This is because the company controls the workplace, provides equipment, and directs the work.

Examples:

An office temp injures their back lifting heavy boxes – the host company is usually liable.
A retail temp slips on an unmarked wet floor – the retailer is likely liable for the claim.

Your solicitor will review the circumstances and confirm who is legally responsible.

What to do if you are injured as an agency worker

Keep your own notes: Write a detailed account of the accident, collect witness details, and take photos of the scene and injuries. Acting quickly helps, as you may not have ongoing access to the workplace.
Report the accident: Notify both the host company (who should record the details in the accident book) and your agency. Always confirm reports in writing, such as by email.
Seek medical attention: Even minor injuries should be checked by a GP or hospital doctor. This ensures treatment and creates medical evidence to support your claim.

How much compensation can I claim?

Compensation is calculated in two parts:

General damages – for pain, suffering, and the impact on your daily life
Special damages – for financial losses such as lost wages, medical costs, travel expenses, or ongoing care

You can use our online calculator to see how much you may be able to claim.

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No Win No Fee agency worker claims

Most agency worker claims are made on a No Win No Fee basis. Your solicitor will deal with the company responsible and their insurer to secure compensation. You only pay legal fees if your claim is successful. If the claim does not succeed, you pay nothing.

External references

GOV.UK: Agency workers-your rights - equal treatment and employment rights after 12 weeks.
ACAS: Employment rights for agency workers - your rights from start, rest breaks, pay, and holiday.
HSE: Health & safety for agency & temporary workers - employer obligations to protect temporary workers from workplace hazards.
HSE: Duties of agencies & host employers - how safety responsibility is shared in agency placements.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed September 2025 by Chris Salmon

Have you been injured at work?

If you have been injured at work in the last 3 years, you may be able to claim financial compensation.

Find out more about making a work accident claim:

Do you qualify?
How much compensation could you get?
How does No Win, No Fee work?