Written by Rick Gregory, Editorial Lead · Legal information checked in collaboration with Edward & Amaury Solicitors (SRA 800525) · September 2026 · ~4 min read
Quick Summary
- Yes — agency workers are owed a duty of care and can claim compensation just like directly employed staff
- Both the agency that placed you and the host business you were working for can be liable, depending on what went wrong
- How long you'd been on the placement makes no difference to whether you can claim — a single shift is enough
- The same three-year time limit and no win, no fee funding apply as for any other accident at work claim
Can agency workers claim for a workplace accident?
Yes. If you were injured while working through an agency placement and the accident was caused by someone's failure to take reasonable care, you have the same underlying right to claim compensation as a directly employed worker. The Health and Safety at Work etc. Act 1974 and related duties of care apply to everyone at work, regardless of the specific contractual arrangement behind their placement.
Who is actually responsible — the agency or the host business?
This depends on what caused the accident, and often both can carry some responsibility:
The host business — the company where you were actually working day to day — is usually responsible for the practical conditions of the workplace: whether equipment was safe, whether the site was properly maintained, whether you were given adequate on-site training and supervision, and whether a safe system of work was followed. In most cases, the host business carries the larger share of responsibility, because it controls the day-to-day working environment.
The agency that placed you also owes its own duty of care. This includes making sure you were suitable and adequately prepared for the role, that you received any training the agency was responsible for providing before placement, and that it did not knowingly place you into an environment it should have recognised as unsafe.
If either the agency or the host business — or both — failed in these responsibilities and that failure caused your injury, you may have a valid claim against one or both.
Does it matter how long I'd been on the placement?
No. Whether you'd been working there for a single shift or several months makes no difference to your right to claim. What matters is whether a duty of care was owed to you, whether it was breached, and whether that breach caused your injury — not the length of your assignment.
What if I'm not sure whether I'm "employed" or "self-employed" through the agency?
Most agency workers are legally "workers" even where their contract describes them differently, and are owed health and safety duties on that basis. If your status is genuinely unclear, this is exactly the kind of detail a solicitor can assess for you — it affects who to claim against, not whether you have a right to claim at all.
What evidence is useful for an agency worker's claim?
The same categories of evidence matter as for any accident at work claim, with a couple of agency-specific additions:
- The accident book entry (this should exist at the host site, and sometimes with the agency too)
- Any induction or training records from both the agency and the host business
- Your assignment or placement details, showing which business was responsible for what
- Photographs, CCTV, and witness details from the host site
- Medical records
What if I've since finished the placement or left the agency?
You can still claim. Provided you are within the three-year time limit from the date of the accident, neither ending your placement nor leaving the agency affects your right to bring a claim.
Frequently asked questions
Can I claim against both the agency and the host business?
Yes, where both bear some responsibility. Your solicitor will assess the specific facts to determine who to pursue and in what proportion.
Will claiming affect future work through the agency?
Employer's liability protections and the Employment Rights Act 1996 apply regardless of employment structure. Dismissal or being treated badly because you reported an accident is protected in the same way as for directly employed staff.
What if the agency and host business blame each other?
This happens, and it's precisely the kind of dispute a solicitor is equipped to untangle using evidence from both sides — it doesn't mean your claim fails.
Injured on an agency placement? Find out where you stand
A free case assessment can identify who's responsible and what your claim may be worth — at no cost and with no obligation.
Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.