Work accidents · Labour hire workers
Labour hire worker injury claims in Queensland, against the host and the agency.
A labour-hire injury runs against two duty-holders. The labour-hire agency is your employer for WorkCover statutory benefits, while the host that controlled the system of work owes you a common-law duty under the Civil Liability Act 2003 (Qld) and the Work Health and Safety Act 2011 (Qld). Both tracks are worked up together — the same way we run every Queensland workers compensation matter.
- No-obligation first consultation
- No win, no fee*
- We set out our costs in writing at the start.
Your time limits
Queensland law- 6 monthsLodge your WorkCover application
- 20 business daysWorkCover decides
- 3 yearsStart court proceedings for damages
Two claims, one team
WorkCover supports your recovery. We investigate any damages claim early.
Accepted statutory claims pay benefits during recovery. We investigate any employer or third-party negligence claim alongside them.
Statutory
WorkCover claim
No fault to prove.
- Weekly payments while you can’t work
- Medical, hospital and rehabilitation costs
- A lump sum if you’re left with a permanent impairment
Lodge within 6 months. The insurer aims to decide within 20 business days.
Common law
Damages claim
Negligence has to be shown.
- Pain and suffering, on Queensland’s injury scale
- Past and future lost earnings and super
- Care, future treatment and out-of-pocket costs
Notice of Claim for Damages, a compulsory conference, and court within 3 years if needed.
The Notice of Assessment
The Notice of Assessment is where the claims can split.
Don’t sign a lump sum offer before advice.
Once your injury stabilises, WorkCover assesses your permanent impairment and may offer a lump sum. What you can do next depends on the rating.
- Under 20%Taking the lump sum ends your right to claim damages against your employer. The choice can’t be undone.
- 20% or moreYou can take the lump sum and still claim damages.
- 20 business daysTo dispute the impairment rating if you think it’s wrong.
How it happened
The labour hire worker injury claims we run in Queensland.
You'll probably recognise yours below. Each one almost always opens both a statutory WorkCover claim through your agency and a common-law claim against the host that controlled the work.
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You were placed into a host with no real induction.
The agency placed you on a site you had never set foot on. The host gave you a tour, a vest and a clipboard and put you on plant or in a process you had never been trained for. Both the agency and the host owe duties of training and supervision, and a failure by either or both is the foundation of a common-law claim.
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The host's plant or system of work was unsafe.
Unguarded machinery, missing lockout-tagout, unsafe lifting plans, an unsafe traffic-management plan in a warehouse or factory. The host has control of the workplace and is liable for breaches of the duty under the WHS Act and at common law, regardless of who pays your wages.
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The agency closed your WorkCover too early.
You were sent for an independent medical examination, told you were at maximum medical improvement, and the agency wanted the file closed. A lump sum decision can affect your claim against the agency. We assess any separate claim against the host before you decide. We make sure the timing and the election are right before anything is signed.
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You have a psychiatric injury from the host placement.
Bullying or harassment by the host’s team, traumatic exposure on the job, or unsafe shift patterns that broke you down. The agency runs WorkCover; the host can still be liable at common law for the way the work was run. We assess both tracks together.
Straight after the injury
Four things to do straight away.
Report it
Tell your employer, and make sure it’s written in the register of injuries.
See a doctor
Ask for a work capacity certificate. You need one to lodge your WorkCover claim.
Lodge within 6 months
Your WorkCover application, from when your entitlement arises.
Keep records
Photos of the site and injury, witness names, pay slips and receipts.
Time limits
Five time limits that decide what you can claim.
Miss the first one and the WorkCover claim can be refused. Miss the last and the damages claim is gone.
- 6 monthsLodge your WorkCover applicationWithin 6 months after your entitlement to compensation arises, usually when a doctor first assesses the injury.
- 20 business daysWorkCover decidesThe insurer aims to decide your application within this period after it is lodged.
- 3 monthsReview a rejected claimApply to the Workers’ Compensation Regulator for a review of the decision.
- 20 business daysDispute your impairment ratingAfter your Notice of Assessment arrives, if you think the rating is wrong.
- 3 yearsStart court proceedings for damagesFrom the date of the injury, after the pre-court steps. Start early: those steps take time.
What you can claim
Two claims cover different losses.
What WorkCover pays
- Weekly payments while you can’t work
- Medical, hospital and pharmacy costs
- Rehabilitation and return-to-work support
- Travel for treatment
- A lump sum for permanent impairment
- Death benefits for dependants
What a damages claim covers
- Pain, suffering and loss of enjoyment of life
- Past and future loss of earnings
- Lost superannuation
- Paid care and assistance
- Future treatment and out-of-pocket costs
- Interest on past losses
Statutory limits apply to damages, and WorkCover benefits already paid are refunded from them.
How we run your claims
Five steps. Both claims. One team.
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Step 1
No-obligation first consultation
We check whether one or both claims apply, and what each is likely to cover. -
Step 2
WorkCover application
Lodged with your medical certificate, well inside the 6 months. -
Step 3
Damages case built early
Site evidence, witnesses, engineering and medical reports, while WorkCover runs. -
Step 4
Notice of Assessment
We compare the lump sum with your damages claim before you choose. -
Step 5
Conference, then court if needed
Many claims resolve at the compulsory conference. If not, court proceedings start within the 3 years.
Costs
What it costs you.
No win, no fee* on damages claims
If your damages claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.
No-obligation first consultation
You decide whether to go ahead once you know your options and the likely costs.
Everything in writing
Fees and outlays for each claim are set out in a costs agreement before we start.
Capped at 50%
Our professional fees are capped at 50% of what you recover, after refunds and outlays (Legal Profession Act 2007 (Qld) s 347).
Questions
Straight answers.
Six months from the day you became aware of the injury (WCRA s 131). Late lodgement can sometimes be accepted, but it’s not the position you want to be in. Call us. We can lodge it the same week.
Yes, that’s how the scheme works; WorkCover notifies your employer. But your employer cannot punish you for it. Adverse action against you is unlawful under the Fair Work Act and the WCRA, and we run those proceedings if it happens.
When negligence caused or contributed to your injury. In a labour-hire placement two parties can be liable: the host that controlled the system of work on site, and the labour-hire agency that placed you. The formal election sits at the Notice of Assessment, but we start investigating from day one, because evidence at the scene disappears within weeks.
Eighteen months at the fast end, thirty-six months at the realistic end. The biggest variable is how long your injury takes to stabilise, because we can’t quantify damages until your medical picture is settled. Most claims settle at the compulsory conference without a trial.
Our professional fees on the common-law claim are payable only if we recover damages for you. Whether outlays (medical reports, expert opinions, court filing fees) are payable if the claim doesn’t succeed depends on your costs agreement. Our professional fees are capped at 50% of what you recover, after refunds and outlays (Legal Profession Act 2007 (Qld) s 347), and you see the numbers in writing before we start.
Funds are held in trust then transferred to your nominated bank account. We refund any Centrelink or Medicare advances that need to come out. The matter closes, there is nothing more for you to do.
Guides that go further.
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Guide
Labour Hire Workers’ Compensation in Queensland: Casuals, ABN Workers and Suing the Host
Labour hire workers compensation in Queensland: the agency’s WorkCover claim, suing the host business, casual weekly pay, ABN contractors and time limits.
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WorkCover
What to do when you’ve been injured at work?
The first steps after a workplace injury, what WorkCover pays, and the six-month and three-year time limits.
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First steps
I’m Hurt at Work, Now What? Your First 72 Hours Explained
What to do in the first three days: reporting the injury, seeing a doctor, the Work Capacity Certificate and lodging your claim.
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Time limits
Time Limits for Workers’ Compensation Claims in Queensland
Six months to lodge a WorkCover claim, three years for common law damages, and the exceptions that can extend them.
Hurt at work?
Talk to a lawyer before you sign anything WorkCover sends you. There’s no obligation to go ahead.
General information only, not legal advice about your situation. No win, no fee* applies to damages claims: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.