As a labour hire employee, you may work across different job sites, meet new teams, and develop valuable skills. However, working in new environments can expose you to unfamiliar risks, and accidents can happen without warning. How you respond in those moments can make a major difference to your safety, recovery, and any compensation claim.

In this article, our personal injury lawyers at Evolve Legal explain who holds a duty of care when a labour hire worker is injured, whether it is your employment agency or the host employer. We also outline five important steps to help protect your legal rights.

Work Accident Duty of Care for Labour Hire Employees

Employment agencies play a key role in helping Queensland businesses access skilled workers without directly managing recruitment or payroll. This is especially common in industries such as construction, mining, manufacturing, and warehousing.

Even though a business (the host employer) hires staff through an employment agency, it still owes a legal duty of care to those workers when they are on-site. Likewise, the employment agency has a responsibility to ensure its employees are safe while performing their work duties.

If you are a labour hire employee who suffers an injury at work, you may have rights against both:

The employment agency (your direct employer), and

The host employer (the business where the injury occurred).

The employment agency generally maintains a workers’ compensation policy with WorkCover Queensland that covers you in these situations. If your injury was caused by the negligence of the host employer, you may also be entitled to a lump sum compensation via a common law claim.

In many cases, claims can be made against both parties to ensure you receive full and fair compensation.

5 Essential Steps to Take After a Labour Hire Injury Seek Medical Treatment

1. Seek Immediate Medical Treatment

If you have been injured while working as a labour hire employee, your health is the top priority. Seek medical treatment immediately, call an ambulance, if necessary, visit the nearest hospital, or see your GP.

Ensure that you explain exactly how and where your workplace injury occurred and ensure this information is recorded in your medical notes, as it will support any WorkCover claim you make later.

2. Lodge a Workers’ Compensation Claim

Ask your doctor about making a workers’ compensation claim. If your injury is related to your employment, your doctor can issue a Work Capacity Certificate to support your claim. You can then lodge your claim with WorkCover Queensland directly online or through your employer.

Having a detailed medical report helps ensure your claim is processed quickly and accurately.

3. Report the Incident to the Host Employer

Notify your host employer of the incident as soon as possible.
Provide the details in writing, such as via email or a formal incident report, outlining what happened, when, and where. This helps create a documented record of the workplace accident, which may be vital evidence later in the process.

4. Report the Incident to the Employment Agency

Next, inform your employment agency of your injury. Just like the host employer, they must be made aware of the incident so they can meet their legal and insurance obligations.
Again, provide the details in writing and complete any required forms promptly.

5. Seek Legal Advice from a Personal Injury Lawyer

Before accepting any outcome or settlement, obtain independent legal advice from a Queensland personal injury lawyer experienced in WorkCover claims.

A lawyer can help you understand:

• The types of compensation claims available (statutory and common law)
• The strict time limits that apply under Queensland law
• What evidence is required to support your claim
• Whether the host employer’s negligence entitles you to additional compensation

Strict deadlines apply to these claims, so it is important to seek advice as soon as possible to protect your rights and entitlements.

How Evolve Legal Can Help You

At Evolve Legal, our team of experienced personal injury lawyers understands how overwhelming it can be to deal with an injury and navigate the claims process. We offer a free 30 minute initial consultation to ensure you understand your legal rights, your potential entitlements, and the strict time limits that may apply to your claim. It will cost you nothing to speak with us, and there is no obligation to proceed.

Our lawyers take the time to listen to your story, assess the circumstances of your injury, and provide clear and practical advice about the next steps. We can help you determine whether you have a valid claim, what evidence you will need, and what outcomes you can realistically expect.

Making a compensation claim can do more than provide financial support. It can also help you access the treatment and rehabilitation you need to recover from a workplace incident. A successful claim can protect your interests, ease the financial burden on you and your family, and give you peace of mind during a difficult time.

At Evolve Legal, we act with care, professionalism, and transparency. Our goal is to help you secure the best possible outcome while supporting you through every stage of your journey.

If you have been injured as a labour hire employee in Queensland, don’t delay in seeking help.

Contact Evolve Legal today to arrange your free consultation and speak with one of our compensation lawyers.

The content of this article is intended to provide general guidance on the subject matter and must not be relied on as legal advice. You should seek specific advice about your circumstances.