Do you have hired labour? If they get injured, who is responsible?

CASE STUDY

In the typical labour hire claim scenario, it will be the ‘host’ employer which will bear the majority of any damages awarded to an injured worker. This is because the labour-hire arrangement deliberately places the worker under the control, direction, and supervision of the ‘host’ employer.

As an example that we have seen, a host employer provided instructions to have pallets stacked during a general shed cleanup. The labour hirer worker was injured while stacking pallets.

Who had to pay the costs?

It was deemed that the responsibility of the injury at 70% with the host employer, meaning that the host Public Liability insurer would have to settle the host portion of the claim.