LEGAL GUIDE · ENGLAND & WALES
November 2026
Agency, temporary and zero-hours workers often assume they cannot claim, or that nobody is responsible because two businesses are involved. Neither is true. You have the same right to a safe workplace, and the same right to claim if you are injured, as any permanent employee.
In short
Yes. If you were injured at work through no fault of your own, you can claim whether you are an agency worker, a temp, on a zero-hours contract or paid through an umbrella company. The claim may be against the agency, the business you were placed with, or both. The compensation is paid by their insurers, not by them personally. Most claims must start within 3 years.
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Key Takeaways
The essentials
- Agency, temporary and zero-hours workers can claim for an accident at work, just like permanent staff.
- Both the agency and the business you were placed with have health and safety duties towards you.
- If they blame each other, you can claim against both. They sort out who pays between themselves.
- Compensation is paid by insurers, and how long you had been on the assignment does not matter.
- Report the accident to both the client business and the agency, and keep your assignment details and payslips.
Can agency workers claim for an accident at work?
Yes. The law protects everyone at work, not only people on a permanent contract. If you were hurt because someone responsible for your safety did not take reasonable care, you can claim compensation.
That applies whether you are:
- An agency worker placed with a client business by an employment agency
- A temp or seasonal worker on a short assignment
- On a zero-hours or casual contract, employed directly or through an agency
- Paid through an umbrella company that handles your payroll
- On your first day or first shift. Length of service makes no difference
Your employment status does not decide whether you can claim. It mainly affects who the claim is made against, which is something your solicitor works out for you.
Who is responsible: the agency, the client business, or both?
Usually both have duties. The Health and Safety Executive (HSE) explains that the agency is normally your legal employer, while day-to-day responsibility for your health and safety during the assignment lies with the business you are placed with.
| Who | What they should do | Examples of failures |
|---|---|---|
| The agency (employment business) | Find out the risks of the job from the client before placing you, check you have the skills and qualifications needed, and pass on the information you need to work safely | Sending you to a job you were not trained or qualified for, or not asking the client what the hazards were |
| The client business (where you work) | Provide a safe workplace and equipment, carry out risk assessments, give you a site induction and job-specific training, supervise you, and provide suitable protective equipment free of charge | No induction, unsafe machinery, no guarding, missing PPE, wet floors, unrealistic targets or no supervision |
Every case depends on its facts, including what the agency and the client agreed between them.
The agency cannot simply hand its responsibilities to the client. Before placing you, it must get information from the client about the job, including any known risks to health and safety and the steps taken to control them. This is required by regulation 18 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
The client business cannot avoid responsibility because you are not on its payroll either. It controls the site, the equipment and how the work is done, so it owes you a duty of care in the same way it does to its own staff.
Good to know
Health and safety regulations, such as those covering work equipment, manual handling and PPE, set the standard of care expected. A breach does not automatically win a claim on its own, but it is often strong evidence that reasonable care was not taken.
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What if you are on a zero-hours contract?
If you are employed directly by a business on a zero-hours or casual contract, that business is responsible for your safety while you work for it. Not having guaranteed hours does not reduce the duty of care it owes you.
Some protections have been widened to cover workers as well as employees. Since 6 April 2022, employers must provide suitable PPE free of charge to “limb (b)” workers, which covers many casual and zero-hours staff, not only employees. Since 31 May 2021, workers are also protected from being treated badly for leaving or refusing to return to a workplace they reasonably believe is seriously and imminently dangerous.
If you are not sure whether you are an employee, a worker or self-employed, you do not need to work it out before calling us. What matters for an injury claim is who controlled your work and whether they took reasonable care. If you work on building sites, see our [construction site accident claims page].
Who pays the compensation?
Compensation is paid by insurance, not out of the pocket of the agency, the client or your manager. Employers must have employers’ liability insurance of at least £5 million under the Employers’ Liability (Compulsory Insurance) Act 1969.
Which policy pays depends on the arrangement. It could be the agency’s employers’ liability insurance, the client business’s insurance, or a combination of policies. Tracking down the right insurer is part of what your solicitor does.
If the agency or the client has since closed down, you may still be able to claim against their insurer. The Employers’ Liability Tracing Office can help find the policy that was in place at the time of the accident.
What if the agency and the client blame each other?
This is common. The agency may say the client ran the site, and the client may say the agency should have sent someone trained. It is frustrating, but it does not stop your claim.
You do not have to decide which of them is to blame. Your claim can be made against both. Under the Civil Liability (Contribution) Act 1978, they can then share the cost between themselves, without that dispute reducing what you receive.
Any contract between the agency and the client about who is responsible for what is between them. It does not take away your right to claim. If your injuries mean you need money for treatment or lost earnings before the claim settles, ask about [interim payments].
Will claiming cost me shifts or my placement?
This is one of the biggest worries for agency and zero-hours workers, because work can be offered or withdrawn at short notice. A claim is handled by the insurers, and it is not a complaint against the people you work alongside.
Being treated badly for raising genuine health and safety concerns is unlawful, and that protection now covers workers, not just employees. Employment rights such as unfair dismissal are a separate area of law with time limits, so if you are dismissed or your shifts stop after an accident, get employment advice quickly.
Read more in our guide: [can my employer sack me for making a work injury claim?]
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What should you do after an accident at work as an agency worker?
- Get medical help. Use the first aider on site, go to A&E or see your GP, and tell them how the injury happened.
- Report it to the client business. Tell the supervisor on site and make sure it is written in their accident book. Take a photo of the entry or ask for a copy.
- Report it to your agency too. Tell your agency contact in writing, by email or text, so there is a dated record.
- Take photos. Photograph the area, the equipment involved and your injuries as soon as you can.
- Get witness details. Agency colleagues often move to other assignments, so take names and phone numbers on the day.
- Keep your paperwork. Keep your assignment details from the agency, timesheets, payslips and any messages about your shifts. These show where you were working and what you were earning.
- Do not sign anything accepting blame. Statements from either business should record the facts only.
Serious injuries must also be reported to the HSE under RIDDOR. The HSE says the agency is often the legal employer for reporting purposes, but responsibility should be clearly agreed with the client business. Find out more in our [guide to RIDDOR and workplace accidents].
What can you claim for?
Agency workers can claim for the same things as anyone injured at work:
- Pain, suffering and loss of amenity: compensation for the injury itself and its effect on your life, valued using the Judicial College Guidelines (19th edition)
- Lost earnings: including lost shifts, overtime and future assignments you could not take. If your hours varied, your solicitor can use your payslips and work pattern to show what you would have earned
- Medical treatment and rehabilitation: such as physiotherapy, counselling and prescriptions
- Travel costs: to hospital and appointments
- Care and help at home: including time friends or family spent looking after you
- Damaged belongings: such as clothing, boots or tools
Agency workers paid through PAYE can usually get Statutory Sick Pay (SSP). Since 6 April 2026, it has been payable from the first day of sickness absence, with no minimum earnings requirement. For more on how compensation is worked out, read [accident at work claims: how much compensation could you get?]
How long do you have to claim, and how can NJS Law help?
Most accident at work claims must be started within 3 years of the accident, or of the date you first knew your injury was linked to work, whichever is later.
For under-18s, the 3 years starts on their 18th birthday. If someone lacks mental capacity, time does not run while they lack capacity. Read our guide to [accident at work time limits].
NJS Law handles agency worker claims on a [No Win No Fee] basis.
We will work out who was responsible, find the right insurer and deal with both businesses for you, so you can focus on recovering.
Call 0800 6525 656 or use the form to check if you can claim.
Frequently Asked Questions
I am paid through an umbrella company. Can I still claim?
Yes. An umbrella company usually just handles your payroll. Responsibility for your safety normally sits with the agency that placed you and the business that controlled your work. Your solicitor will check the paperwork and identify who the claim should be made against.
I was injured on my first day. Can I still claim?
Yes. There is no minimum length of service for an injury claim. In fact, accidents on a first shift often happen because a proper induction or training was not given, which can support your claim.
Another agency worker caused my accident. Who is responsible?
You do not claim against your colleague personally. A business is usually responsible for the careless acts of the people working for it, as long as they happened in the course of their work. This is called vicarious liability. Depending on the arrangement, that may be the client business that controlled the work, the agency, or both. The compensation is paid by their insurer, and your solicitor will identify the right one.
The client says I am not their employee, so it is not their problem. Is that right?
No. The client business controls the site, the equipment and how the work is done, so it owes you a duty of care whether or not you are on its payroll. Health and safety law also requires businesses to protect people who are not their employees. Your employment status affects who the claim is made against, not whether you can claim.
Can I claim if I was partly to blame?
Yes. If you were partly responsible for your accident, you can still claim. Your compensation is reduced to reflect your share of the blame. This is known as contributory negligence. For example, if you were found 25% to blame, you would receive 75% of the full value. Do not assume you were at fault. A lack of training, supervision or a proper induction often reduces or removes any share of blame placed on you.
Will I have to go to court?
It is unlikely. Most accident at work claims settle by agreement with the insurer without going to court. Even if court proceedings are started, many claims still settle before a hearing. If your case does need to go to court, your solicitor will prepare you and be with you at every stage.
Reviewed by Leanne Henton, Solicitor & Head of Personal Injury and Medical Negligence Claims at NJS Law · Last reviewed July 2026 · England & Wales. NJS Law is regulated by the Solicitors Regulation Authority (SRA No. 8006550). This article is for general information only and does not constitute legal advice. No two cases are the same and outcomes cannot be guaranteed.
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