employed by a labour hire company. Can i get workCover?

This might be your situation.

 

You are registered with a labour hire company. (They might be called an employment agency or something similar).  Let’s call this Labour Hire Company.

 

Labour Hire Company sends you to work at a different company. Let’s call this the Host Company. This might be, for example, a company that manufactures building products.

 

To recap: you work at the Host Company’s premises but your wages and super are paid by the Labour Hire Company.

 

One day as you work at the Host Company’s premises you hurt your back

 

Can you get Queensland Workers compensation?

 

The short answer is yes. Click here if you want to read a real example of how we did this in a recent claim for a client.

 

how can you get queensland workcover?

In Queensland, every worker is entitled to workers compensation.

 

Because you are employed by the Labour Hire Company, if you are injured, you can report your claim to them, and WorkCover Queensland will start paying you compensation.

 

So, you would receive workcover through the Labour Hire Company.

 

But that’s not all…

 

what if the accident was the host employer’s fault?

The Host Employer (where you physically worked at the time) owes you a duty of care.

 

If you get injured and it was their fault, you can also be compensated by the Host Employer. (Note we say “also” because you still get compensation from the Labour Hire Company and WorkCover Queensland as well).

 

In other words: when the Host Employer is at fault, you have two claims on foot at the same time: one against the Labour Hire Company and one against the Host Employer.

 

The Labour Hire Company’s insurer is WorkCover Queensland, and the Host Employer’s insurer is their normal public liability insurance company.

 

does this mean i get double compensation?

No, but you get a little extra.

 

For example, if you have two claims at the same time, you can get more for your pain and suffering. If it was just the one claim, then your entitlement for pain and suffering would be capped by legislation.

 

So you don’t get double compensation, but you do get a little extra.

Free book offer: what to expect in your injury claim

Many firms try to rush you to sign up with them without carefully considering your options. We encourage you to first learn about your personal injury claim. You should ask yourself:

 

  • How do you calculate your compensation amount?
  • How should you choose your lawyer? Do you just choose by firm name regardless of who is really in charge of your matter? Has your lawyer ever argued a case in court?
  • What is a no win – no fee agreement? How much will it cost? 

Our book is available to you free of charge. You don’t have to be a client to receive this book. Head to the order page and we will be happy to send you a copy straight away.

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