Are agency workers covered by health and safety law?
Yes. Section 3 of the Health and Safety at Work etc. Act 1974 imposes a duty on every employer to conduct its undertaking so as not to expose non-employees (including agency workers) to risk. The Management of Health and Safety at Work Regulations 1999, regulation 12, specifically addresses temporary workers and host duties.
Who is liable — the agency or the host?
Usually the host. The host controls the workplace, equipment, supervision and risk environment. The agency may share liability where the worker received no induction, was sent to a site without the correct PPE, or where the agency placed an inexperienced worker on a task it knew required specific training.
Insurance — who pays the compensation?
Both the agency and the host should hold Employers' Liability insurance under the Employers' Liability (Compulsory Insurance) Act 1969. Your solicitor can claim against either or both insurers; they fight out apportionment between themselves.
What if I had no contract or was paid in cash?
Your right to claim does not depend on tax status or a written contract. The statutory duties under HSWA 1974 apply whether you were an employee, worker, or self-employed contractor under another's control.
Time limits and evidence
The standard three-year limitation under section 11 of the Limitation Act 1980 applies. Evidence is harder to gather as an agency worker — request the agency's induction records, your timesheets to prove you were on shift, and the host's accident book entry.
Can I claim against the agency that sent me?
Yes, if the agency failed in its own duties — induction, PPE, training, or vetting the host. Most claims target the host as primary defendant and the agency as secondary.
What if the host says I was self-employed?
Self-employed status under tax law does not displace health and safety duties. Section 3 of HSWA 1974 protects you whether or not you are technically self-employed.
Will I lose my placement if I claim?
It is unlawful to dismiss or refuse work because you brought a personal injury claim. See dismissal protection — agency workers are covered under section 47B Employment Rights Act 1996 for whistleblowing on health and safety.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.