Agency employment involves an employment agency facilitating work performance by an employee who works for a user company. Essentially, this represents a labor rental arrangement where the agency provides workers to the user. A workplace injury constitutes short-term violent impact against an employee's health while performing work duties. Remember that workplace injuries can happen to agency employees just as they can to your permanent staff members.
Employees retain the right to workplace injury compensation regardless of whom they were working for at the time. However, workplace injuries involving agency employees present certain specificities due to multiple different parties being involved. This article will explain the position of agency employees when workplace injuries occur and against whom they should file their claims.
What is Agency Employment?
- 1) The employee signs a contract with the employment agency (which acts as the employer),
- 2) The employment agency assigns the employee to a user company (where the actual work takes place),
- 3) The employee performs work for the user according to their instructions and regulations.
The work collective includes an employee who maintains no direct connection with the workplace operator but has signed a contract with the employment agency. Following the agency's instructions, they are subsequently sent to the user's workplace to perform work according to the user's directives. Agency employees must receive comparable treatment to the user's permanent employees (including working conditions).
The employment agency assigns employees to the user's workplace. Here, the user exercises control and supervision, while the employment agency maintains minimal control (neither occupational safety and health nor other work performance regulations). This raises the question: who bears actual responsibility for employee harm when workplace injuries occur?
The correct answer for employees is the employment agency, since it serves as their employer. Even though they actually perform work at the user's location, they must assert their rights in relation to the employment agency. The same principle applies in cases of agency employee death and claims for compensation by surviving family members.
What Constitutes a Workplace Injury for Agency Employees?
A workplace injury represents health damage to an employee caused by short-term exposure to external influences (forces) during work activity performance. Agency employee work is also understood as the worker's gainful activity, performed according to the Labor Code. Employment agency workers possess rights and claims related to workplace injury compensation for damages incurred (wage replacement, property damage, average earnings supplements) and further rights connected to health impact on the employee (in the form of pain and suffering, social disadvantage, other non-material harm).
Direct your efforts toward realizing your workplace injury claims. Participate in determining workplace injury causes and obtain available records, particularly the workplace injury logbook. Don't take medical treatment and health documentation lightly. Also mention the events that led to the workplace injury during hospitalization or medical examinations. These documents will serve to assert your rights and workplace injury claims in the future.
Know Your Rights as an Agency Employee During Workplace Injuries
Agency employees enjoy the same legal protection in workplace injury cases as any other employee. When an employment agency worker suffers a workplace injury, they have the right to compensation. If the employer refuses to fulfill their obligations, this doesn't mean you lack the right to demand compensation for damages incurred. Employers often fulfill their obligations only when you demonstrate legal representation. Don't leave things to chance. Contact us.
Contact Employee Rights
📞 By phone: +420 773 014 007
📧 : info@pravozamestnance.cz
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We protect and enforce employee rights. We strive to improve the working environment of employees in the Czech Republic. We are also your support when dealing with workplace injuries. For news, advice and tips on employee rights, we recommend our blog section, or following our social networks Instagram, Facebook or LinkedIn. Thank you.
