First things first: What is “labour hire”?
Labour hire (also called on-hire or agency work) is when you’re employed by a labour-hire company but sent to work day-to-day at someone else’s site (the “host”). Think mining camps and villages, shutdowns, construction, logistics/warehousing, manufacturing, agriculture and facilities. In Queensland (and across Australia) both the labour-hire company and the host business must keep you safe – they share WHS duties and must make sure you have a safe system of work and proper training.
The Case in a Nutshell
Hays Specialist Recruitment (Australia) Pty Ltd v Carey-Schofield; Civeo Pty Ltd v Carey-Schofield [2025] QCA 161 (Queensland Court of Appeal, September 2025).
Bottom line: The Court of Appeal dismissed the companies’ appeals. The worker’s win stands.
A worker supplied by Hays to Civeo’s Dysart accommodation village was emptying 240-litre bins. He’d been shown a shortcut that left full bags on the ground, even though the safe method was to put each bag straight into the ute to avoid trip hazards. A wasp startled him; he stepped back, tripped on a bag and shattered his elbow, needing surgery. The trial judge found both the host (Civeo) and labour-hire employer (Hays) at fault for not training/enforcing the safe system; the Court of Appeal kept that result. Civeo was held 75% responsible, and Hays 25% responsible.
The worker received a significant award at trial of more than $800,000 plus costs, which reflected permanent impairment and lost earning capacity. On appeal, the companies argued the judge got the facts, “risk of harm”, damages and costs wrong. The Court of Appeal rejected those arguments and kept the outcome in place.
Why This Matters If You’re Labour-hire in QLD (Mining, Construction, Heavy work)
Your labour-hire employer and the host site must make the job safe in practice (not just on paper) and train you in the actual safe method used on site. If the host’s or the employer’s “real-world” method is unsafe or shortcuts creep in, both can be liable.
This decision confirmed the Courts look at real risks, not excuses. The Appeal Court accepted the common-sense risk, being tripping on bags left on the ground, as the risk the defendants needed to take reasonable action to avoid. The training to take a short cut and leave the bags on the ground was found to be unsafe. The employer and host tried to argue that the whole incident happened because of the “freak wasp” story, but the judge looked through that and decided it was more about the bags on the ground, than the wasp flying out and causing the worked to become startled. If a hazard is foreseeable and easy to control, that’s on the employers.
Evidence that helps wins cases: Simple things like photos of the area, how the job was set up, and what you were actually told to do can carry big weight. In this case, site photos supported the worker’s account and meant that the Court was able to accept the worker’s version of events. This is a valuable less – if you are able to get photos of the incident site, get them!
Got Questions About labour Hire Injury in Queensland?
If you would like information about labour hire injury Queensland, our team offers a free initial consultation and can explain the legal process and your options in Queensland.
What to do if you’re hurt in a labour-hire job?
If you are injured onsite in a labour-hire job:
- Report it & get medical help and keep all of your records. Complete an incident report and keep a copy. If you can’t complete an incident report, email or text your boss so there is something in writing confirming the incident happened. Make sure you do this quickly so that there is a contemporaneous record of the incident happening.
- Take photos of the hazard/layout (bins, bags, ground, lighting, vehicle).
- Write down the training you actually received, especially if it didn’t match the written “safe system”.
- Keep rosters, inductions and messages (who told you what, time pressure, staffing).
- Talk to us early. You may have claims against both the labour-hire employer and the host. WHS guidance recognises shared duties. These claims can be complex, but are of significant value and are worth your while to investigate and pursue.
What Best Injury Lawyers Can Offer
Best Injury Lawyers provides legal services in Queensland personal injury law, including workplace and labour-hire injury matters. We offer a free initial consultation, act on a no win no fee basis, fund disbursements on the client’s behalf so they are only payable if the claim is successful, cap legal fees at 30% + GST, and do not charge an uplift fee.
Our team can provide information about labour-hire matters involving host employers, labour-hire companies, site safety, training, and the kinds of records that may become important, such as incident reports, photos, rosters, inductions, and messages. Clients are assigned a dedicated lawyer and paralegal, with clear communication throughout the process.
FAQs: Labour-hire injuries in Queensland
What is labour hire?
Labour hire (on-hire/agency work) is where you’re employed by a labour-hire company but work day-to-day at a host site (e.g. mine, construction, logistics, manufacturing, agriculture, camps). Both the labour-hire employer and the host must keep you safe with a clear, enforced safe system of work.
Can I claim if I’m injured while labour-hire on a mine site?
Yes. In Queensland you may have a WorkCover claim and, where duty and fault are proven, a common law damages claim against the host, your labour-hire employer, or both.
Who’s responsible for safety — the host or the labour-hire company?
Usually both. Each has duties to identify hazards, train you properly, and enforce safe systems (not just on paper, but in practice on the ground).
The site used a shortcut that was different to the training documents. Does that matter?
Yes. If the “real-world” method (like leaving bags on the ground) creates a foreseeable hazard and you weren’t trained in a safer system, that can be a breach of duty.
My injury involved a “freak event” (like a wasp). Do I still have a case?
Possibly. Courts focus on foreseeable risks (e.g. tripping hazards) that should have been controlled, even if a sudden event happens at the same time.
I was trained by a buddy, not formally. Is that enough?
Training must be adequate and consistent with a safe system. If buddy training conflicts with written procedures or basic safety, that’s a red flag.
What should I do right after a labour-hire injury?
Report it, get medical help, take photos of the area/hazard, write down what you were actually told to do, keep rosters/inductions/messages, and get legal advice early.
Can I claim if I’m casual, part-time or on a short-term contract?
Yes. Employment type doesn’t remove safety duties. Labour-hire workers, contractors and casuals all have rights to compensation.
What if the host blames the labour-hire agency (or vice versa)?
That’s common. You don’t have to choose sides. Claims can be brought against one or both and responsibility will be apportioned between them.
Will making a WorkCover claim affect my job?
It’s unlawful to take adverse action because you’ve exercised a workplace right. Your employer is also required to keep your job for you for 12 months following an injury. Get advice before speaking with insurers or signing anything.
What damages can I recover?
Depending on your case: pain and suffering, past and future income loss, superannuation, medical/rehab, and other reasonable expenses. In labour hire cases, it’s also likely you’ll be able to recover a large chunk of your legal costs from the other side as well, which means more in your pocket at the end of the day.
What evidence helps most to prove a personal injury claim?
Clear photos, incident reports, witness names and contact details, copies of inductions/SWIs, details of your actual training or shortcuts, and medical records.
Do strict time limits apply in Queensland?
Yes, there are strict time limits for WorkCover notices and court steps. These can be technical. Get tailored advice ASAP so you don’t miss a deadline.
Can I also claim through my super (TPD) if I can’t work?
Often yes. A TPD/superannuation claim can run alongside your injury claim. We handle both so your benefits don’t clash.
How do your fees work?
We’re No Win, No Fee, with a 30% fee cap and no uplift fees. Clear costs, in writing, before you decide.
I work in construction/logistics/manufacturing, not mining. Does this still apply?
Yes. The same labour-hire/host employer duties apply across heavy and manual industries, warehousing, agriculture and camp/facilities work.
What if I had a pre-existing condition?
You can still claim if work aggravated or accelerated it. Be upfront with your doctor and lawyer so the medical evidence is accurate.
How do I start?
Start with an easy, free, confidential chat with a Queensland injury lawyer. We’ll map your next steps and gather the right evidence fast. Your case, our Best. We’ve got you.
Get in touch with our team
Use the form below and our team can provide honest, upfront information about the process, relevant time limits, and the next steps.
