Serious injury sustained whilst working for host employer. Labourer succeeds with Negligence Claim

Our client worked for a labour-hire company as a construction labourer. This employer loaned our client out to various building companies where he performed labouring jobs. On this occasion, he had been sent to work for a construction company here in Sydney. The job the company had contracted to build was nearing completion and our client’s task was to assist co-workers of the builder clean up the site. Scaffolding tubes are stacked in metal cages. Our client was directed by his boss to move a number of scaffolding cages in readiness for the scaffolding tubes to be stacked. Each cage had to be lifted into a skip and then craned over to a different area on the building site.

On one occasion, our client was assisting a labourer directly employed by his host employer. The cage weighed over 60kgs and needed to be lifted into the skip. Both men lifted the cage and carried it to the skip. They lifted the cage up over the lip of the skip. Suddenly, without any warning, the co-worked dropped the cage pinning our client’s hand under the cage on the lip of the skip. The accident was reported, and our client received emergency treatment on-site. He was in extreme pain and couldn’t properly move his hand or make a fist. He went home and rested and took the next day off in order to seek further medical treatment.

In desperate need of money for his family, our client went back to work and attempted to perform his labouring duties “one-handed”. Over the next week, the hand did not improve. In fact, the pain was getting worse. Returning to see his GP, he was referred to an orthopaedic hand specialist. The specialist initially recommended conservative treatment but warned if there was no improvement, surgery would be necessary. Our client again returned to work but instead of performing labouring duties, he was able to secure work as the “Stop/Go” man on this site. He could perform this work with one hand. Our client kept working, but his hand did not improve. Eventually, the specialist performed surgery on the injured hand.

Unfortunately, as soon as our client’s actual employer realised that our client had ongoing problems with his hand, the work “dried up”.  In pain, not working, desperate for money to feed his family, our client became extremely depressed. Not only did he now have to contend with increasing pain and restriction of movement in his hand, but the development of the psychological disorder has also greatly affected our client. He has been treated by a psychiatrist and is learning to live with his disabilities. Not knowing what to do, he turned to the experts in workers compensation and negligence claims here at Taylor & Scott Litigation Lawyers.


Initially, our client was assisted by Kimberley Becker. Kimberley is a Senior Associate here at Taylor & Scott and is an expert in workers compensation claims. Kimberley took great pain to receive full instructions from her client. She explained to him in detail his rights under the workers compensation laws here in NSW. She ensured that his weekly payments were being paid at the maximum rate. She ensured that all of his medical treatment was being met by the workers compensation insurance company. Eventually, having obtained a grant of legal assistance from WIRO, Kimberley proceeded with a workers compensation claim with no costs having to be paid by her client. Kimberley qualified an orthopaedic specialist to assess her client’s whole person impairment. Armed with this information, Kimberley then launched a lump sum claim under section 66 of the Workers Compensation Act. Eventually, the section 66 claim was settled and her client received his lump sum entitlements.

Kimberley then referred her client to Simon Meigan, Partner, Accredited Specialist in Personal Injury and acknowledged as one of NSW’s leading personal injury negligence lawyers. Simon met with his client and reviewed the facts and circumstances of the accident in a face to face case assessment. Simon’s client was greatly concerned about his loss of income which was continuing. Simon then laid out a plan to his client in which he proposed suing the host employer for negligence. Simon offered to conduct the case, utilising Taylor & Scott’s no-win/no-pay fee arrangement, meaning his client paid Taylor & Scott no costs whatsoever unless and until he was successful with his negligence claim.


We are very pleased to report that Simon, having sued the host employer and dealt with all the issues raised by the lawyers for the host employer, has been able to secure a very generous lump sum settlement of his client’s negligence claim.


If you work for a labour-hire company and suffer permanent injuries whilst working for a host employer, you may be able to launch a negligence claim against the host employer. This becomes extremely important if your whole person impairment is less than 15%. In attempting to sue your actual employer for negligence in a work injury damages claim, you must have a minimum whole person impairment of 15% or greater. This threshold does not apply in claims against third parties such as host employers.

Taylor & Scott Litigation Lawyers are experts in assessing the merits of negligence claims against employers, host employers and third parties. You are welcome to contact our team of litigation lawyers by phoning 1800 600 664 or emailing us at

If Taylor & Scott act for you, you will have the benefit of our no-win/no-pay fee arrangement, meaning you do not pay any costs to Taylor & Scott unless and until you win your case.

Negligence claims against host employers can be complicated. Our expert lawyers have many years of experience in acting for injured workers in these types of claims.

Taylor & Scott Litigation Lawyers will do everything they can to ensure that you receive maximum compensation for your injuries and disabilities.


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