Who Pays When a Worker Gets Hurt? Workers' Compensation and Insurance in Labour Hire Explained

Labour hire arrangements are a cornerstone of modern workforce flexibility across construction, logistics, manufacturing, and mining in Australia. But when something goes wrong on site — and across high-risk industries, it does — the insurance and liability picture can become genuinely confusing for everyone involved.

Who holds the workers' compensation policy? Who's responsible for the safety induction? And if a labour hire worker is injured, which party wears the financial and legal consequences?

These aren't hypothetical questions. They're the kinds of disputes that end up before the Fair Work Commission and Safe Work Australia regulators every year. Getting clarity on them isn't just good practice — it's a legal obligation.

The Three-Party Relationship: Labour Hire Explained

Before unpacking insurance obligations, it helps to understand the fundamental structure of a labour hire arrangement. Three parties are always involved:

• The labour hire agency (the employer of record, who recruits, pays, and manages the worker's employment relationship)
• The host employer (the business where the worker is physically placed and performs their duties)
• The worker (employed by the agency but supervised day-to-day by the host)

This three-way dynamic is what creates the complexity around insurance. The worker is legally employed by the agency, but they're operating under the direction and within the physical environment of the host employer — often on a construction site, in a warehouse, or on a factory floor.

For a deeper look at how these arrangements work in practice, see HBG's labour hire services.

Who Holds the Workers' Compensation Policy?

In Australia, the labour hire agency — as the legal employer — is responsible for holding workers' compensation insurance for all placed workers. This applies in every state and territory, though the specific scheme varies:

• NSW: icare (Insurance and Care NSW)
• QLD: WorkCover Queensland
• VIC: WorkSafe Victoria
• WA: WorkCover WA
• SA: ReturnToWorkSA

The agency must ensure that workers are covered from day one of placement, with premiums calculated based on the industries and risk classifications of where workers are deployed. A labour hire agency placing workers into high-risk roles — scaffolding, forklift operation, underground mining — will carry significantly higher premium obligations than one placing office staff.

This is why reputable agencies carry robust coverage and maintain meticulous records of where every worker is placed and what tasks they're performing.

The Host Employer's WHS Obligations Don't Disappear

Here's where many host employers get caught out: just because the agency holds the workers' compensation policy doesn't mean the host employer is off the hook for safety.

Under the Work Health and Safety Act 2011 (and its state equivalents), a person conducting a business or undertaking (PCBU) has a duty of care to all workers on their site — including labour hire and contracted workers. That duty is non-delegable. You cannot outsource it to the agency.

In practical terms, this means host employers must:

• Provide safe systems of work, equipment, and facilities
• Conduct proper site inductions for all labour hire workers
• Assess and communicate the specific hazards of each role
• Supervise workers appropriately, especially in high-risk tasks
• Report incidents and near misses to both the agency and the relevant regulator

As Australian Manufacturing has noted in its coverage of ongoing skills shortages across industrial sectors, the rapid onboarding of unfamiliar workers into complex environments — often under production pressure — is a significant risk multiplier. That's precisely why induction and supervision standards matter more, not less, when labour hire is in the mix.

For employers in high-risk industries like resources, see HBG's mining workforce page for how we manage compliance at the placement level.

What Happens When a Worker Is Injured?

When a labour hire worker is injured, the standard process is:

1. Immediate first aid and incident response — the host employer's site procedures apply
2. Incident notification — the host employer notifies the labour hire agency promptly; serious incidents must also be reported to the relevant WHS regulator (e.g., SafeWork NSW, WorkSafe VIC)
3. Workers' compensation claim — lodged through the labour hire agency's insurer
4. Return-to-work planning — a shared responsibility between agency, host employer, and the worker's treating practitioners

Both the agency and the host employer may face investigation if the incident involved a safety system failure. Serious incidents — those involving fatalities, hospitalisations, or amputations — trigger mandatory notification within 24 hours and may result in prohibition or improvement notices, financial penalties, or prosecution.

Labour Hire Licensing: An Added Layer of Accountability

Several states now require labour hire agencies to hold a licence under labour hire licensing legislation:

• QLD: Labour Hire Licensing Act 2017
• VIC: Labour Hire Licensing Act 2018
• SA: Labour Hire Licensing Act 2017

These schemes require agencies to demonstrate financial viability, tax compliance, and adherence to employment and workplace safety obligations. Using an unlicensed provider in a licensing state exposes host employers to significant penalties — including fines of up to $130,000 for corporations in Queensland.

For employers across construction and infrastructure projects, this is a critical due diligence step before engaging any labour hire partner. Visit HBG's construction staffing page to learn how we manage licensing compliance across every jurisdiction we operate in.

What This Means for Employers and Workers

If you're an employer using labour hire:

• Always verify that your agency holds current workers' compensation insurance in the relevant state
• Confirm their labour hire licence if you're in QLD, VIC, or SA
• Treat labour hire workers with the same WHS rigour as your direct employees — the legal obligation is identical
• Document your induction, supervision, and hazard communication processes thoroughly

If you're a labour hire worker:

• You are entitled to workers' compensation cover from day one of any placement — ask your agency to confirm this before you start
• You have the same right to a safe workplace as any directly employed worker on that site
• If you're injured, report it immediately to both your on-site supervisor and your agency — delays can complicate claims
• Understand that your employer of record is the agency, not the host business, for the purposes of pay, entitlements, and insurance

The Bottom Line

Workers' compensation and insurance in labour hire isn't complicated once you understand who owns what obligation — but that clarity only protects people if everyone actually acts on it. Agencies must maintain proper coverage and licensing. Host employers must never assume someone else's insurance policy covers their safety responsibilities. And workers must know their rights from the moment they step onto a new site.

As Australia's industrial sectors continue to expand under major infrastructure and manufacturing investment, the volume and velocity of labour hire placements will only increase. Getting the compliance fundamentals right is what separates professional, sustainable workforce partnerships from costly, avoidable disasters.

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Need a labour hire partner who has the compliance covered? Harrison Barratt Group operates across construction, manufacturing, logistics, mining, and more — with full insurance, licensing, and WHS compliance in every state and territory we work in. Request a quote or reach out to our team today.