Temporary agency workers often work in sectors where physical risks exist, such as construction, logistics, and industry. If something goes wrong there and a temporary worker is injured, the question immediately arises: who is liable for the workplace accident?

In this blog you’ll read a clear and practical explanation of how liability is arranged, who has which duty of care, and what you can do after an accident at work.

How does the employment relationship work in temporary agency work?

In temporary agency work there are always three parties involved:

• the temporary agency worker,

• the employment agency (formal employer),

• the hirer (the company where the work is performed).

The temporary agency worker has an employment contract with the employment agency. In practice, however, he or she works under the direction and supervision of the hirer. It is precisely that division that in the event of a workplace accident often leads to discussion.

Formal and actual employer: what is the difference?

The temp agency is the formal employer. This agency pays the wages and handles the administration.
The host employer is the actual employer. This party determines how the work is performed and supervises the workplace.

In the event of a workplace accident, the law mainly looks at that factual situation. The one who determines the working conditions usually also bears the greatest responsibility.

The host employer’s duty of care

The host employer must ensure a safe workplace. That obligation applies not only to permanent employees, but also to temporary agency workers.

This means, among other things, that the hirer:

• provides clear safety instructions;

• provides appropriate protective equipment;

• supervises the work;

• identifies and explains the risks in advance.

If that does not happen or is inadequate, the hirer may be liable for the damages after a workplace accident.

When is the hirer liable?

If a temporary agency worker is injured during work, the following principle applies:

• it is established that the accident at work occurred;

• then the hirer must prove that he has done everything to prevent the accident.

If that fails, the hirer in most cases is liable for the damage. Think of loss of income, medical costs and pain and suffering.

Does the temp agency also have obligations?

Yes. The temp agency remains responsible for proper instruction. The agency must:

• inform about the risks of the work;

• checking whether the workplace is safe;

• ensuring that the temporary agency worker knows which rules apply.

If the employment agency falls short in this, the employment agency can also be (jointly) liable.

Multiple parties liable: how does that work?

Sometimes multiple parties responsible. This occurs, for example, on construction sites where different companies work together.

In such situations, each party is assessed on:

• the role on the work floor,

• the degree of supervision,

• and the safety measures taken.

The damage can then be apportioned.

Does a single-person accident also count as a workplace accident?

Yes. An accident without other parties involved can also be a workplace accident. Think of:

• a fall during working hours,

• an accident en route between two work locations,

• a misstep while performing tasks.

As long as there is a clear connection to the work, the duty of care applies.

Evidence and registration: this is what you must do immediately

After a workplace accident, evidence is crucial. Therefore, take these steps immediately:

1. Report the accident to the supervisor on the shop floor.

2. Have an accident report drawn up.

3. Collect evidence, such as photos and witness statements.

4. Ensure that medical records state the connection to the work.

Without this documentation, disputes often arise later.

Reporting obligation for serious workplace accidents

For serious accidents, there is a statutory reporting obligation. This applies in the case of:

• death,

• hospitalization,

• permanent physical or mental injury.

The notification must be made immediately. If that does not happen, the employer risks severe sanctions.

Insurance policies in the event of a workplace accident

After a workplace accident, several insurance policies may come into play:

• Liability insurance: pays out when liability is established.

• Employee injury insurance: pays out without discussion about fault.

• Group accident insurance: often provides a fixed payout in the event of permanent injury.

Which insurance applies varies by situation.

Exception: intent or deliberate recklessness

Only in exceptional cases is the employer not liable. This applies when the temporary agency worker:

• deliberately ignores safety rules,

• or intentionally acts dangerously.

The bar is high. An ordinary mistake or inattentiveness is not enough.

Not getting anywhere after a workplace accident?

Is there still a dispute about liability or compensation? Then it is wise to seek legal advice. Especially in personal injury professional guidance can make the difference.

You don’t have to go through this process alone.

Conclusion

In the case of a workplace accident involving a temporary agency worker, liability usually lies with the hirer, because it determines the working conditions. The temp agency also has an important duty to inform. Both parties must take their responsibility seriously.

Have you been injured at work as a temporary agency worker? Then it is important to act quickly and carefully, so that you safeguard your rights.