Injured on a Sydney Site? Your 2026 Workers Comp Rights as a Labour Hire Worker, Step by Step
Hurt on a labour hire job in Sydney? Who your employer is, who to tell, the certificate of capacity, the 48-hour notice, provisional payments, suitable duties and getting paid. 7 steps, NSW 2026.
Hurt on a Sydney labour hire job? Seven steps, in this order:
- Get first aid, then tell the site supervisor
- Ring your agency the same day. The agency is your employer
- Make sure it goes in the register of injuries
- See your own doctor and ask for a certificate of capacity
- Agency notifies the insurer within 48 hours of being told (icare)
- Insurer starts provisional payments within 7 days unless it has a reasonable excuse (SIRA)
- Work through suitable duties and an injury management plan until you're back
🦺 It's 10am. You've jarred your back lifting a bag of render. The pain is a seven. The leading hand says "take it easy, see how you go."
What you do in the next 48 hours decides whether the claim runs smoothly or turns into a fight.
This guide is for one person: a labour hire worker hurt on a Sydney site. It walks the steps in order, from the first phone call to getting paid. Everything here traces to icare, SIRA, SafeWork NSW or the Fair Work Act.
On a labour hire job, your employer is the agency that pays you, not the site where you got hurt.This is general information, not legal advice. For your own claim, the free services in the last step are the right place to start.
Who is your employer if you're hurt on a labour hire job?
The agency. It pays your wages, holds your tax details and carries the workers compensation policy.
The host directs your daily work and shares safety duties under the Work Health and Safety Act 2011 (NSW). But the comp claim runs through the agency.
That means, in 2026:
- The agency's insurer pays your weekly payments
- The agency notifies its claims service provider
- The agency runs your return to work, even if the host won't have you back
Quick test: who paid your last wage? That's your employer for workers comp, whoever's hi-vis you were wearing.
Two edge cases:
- More than one agency? The policy that responds is the one belonging to the agency that booked the shift you were hurt on. Keep the booking text or email.
- On an ABN? Some contractors are treated as "deemed workers" for workers comp. Don't accept "you're a contractor, you're not covered" without checking with icare on 13 44 22.
What the host owes you on site is covered in host employer responsibilities. We won't repeat it here.
Step 1: What should you do in the first hour after an injury?
First aid first. Then tell someone in charge before you leave site.
icare's guidance (2026) is simple: get first aid or medical attention, and let your employer know as soon as possible.
Serious injuries (for example, those needing immediate hospital treatment, or a fall from height) are notifiable incidents. The business must tell SafeWork NSW immediately on 13 10 50. That's the employer's job, not yours.
Report it the same day, even if it feels minor. A twinge on Tuesday that's a seven on Wednesday is the most common way claims get questioned.Step 2: Which doctor should you see?
Your own. In NSW you choose your nominated treating doctor, usually your regular GP.
The site might send you to its first aider or a clinic it uses. That's fine for first aid. For the claim, see a doctor you picked.
Tell the doctor straight away that it's a work injury. That changes the paperwork they fill in.
Step 3: What is a certificate of capacity, and why does it matter?
It's the document the whole claim runs on. A normal sick certificate doesn't do the job.
The NSW workers compensation certificate of capacity records:
- The injury and diagnosis
- What you can still do (for example, no lifting over a set weight, no ladders)
- What you can't do
- When you'll be reviewed
SIRA's guidance is that a certificate should usually not exceed 28 days. Then you go back and get a new one.
Each new certificate has an employment declaration you must sign. It lists any work you've done since the last one: paid, voluntary or self-employed.
⚠️ Without a current certificate of capacity, weekly payments can stop. Get one at every review, and send a copy to your agency the same day.
Step 4: How does the workers comp claim get lodged?
NSW runs a no-fault scheme. You don't need to prove anyone did anything wrong. The injury has to be connected to your work.
Here's the rule that matters most. icare says your employer must notify its claims service provider within 48 hours of you telling them.
If your agency doesn't, you don't have to wait. icare lets you, or someone you nominate (a family member, your doctor), notify the claims service provider online through its Notify us of an injury form.
What to have ready (icare's list): your details, the business you work for, date, time and description of the injury, a contact at work, whether you had time off, and whether you needed treatment. A certificate of capacity and wage details help if you have them.
If the agency hasn't notified the insurer, you can do it yourself. You never have to sit waiting on someone else's paperwork.Get the claim number and your case manager's name on day one. Put that number on every email after that.
Step 5: When do you get paid, and how much?
Fast, if the paperwork is in. Once the insurer has been notified, SIRA says it must start provisional weekly payments within 7 days, unless it has a reasonable excuse.
Provisional liability can cover up to 12 weeks of income and up to $10,000 of reasonably necessary medical treatment (SIRA, 2026). Starting those payments isn't an admission that the claim is accepted.
If the insurer asks for a medical certificate and an authority to get your medical information, reply within 7 days. Payments can stop if you don't.
How much? It's based on your PIAWE: pre-injury average weekly earnings, generally averaged over the 52 weeks before the injury.
| Criteria | Weeks 1-13 | Weeks 14-130 | After 130 weeks |
|---|---|---|---|
| No capacity to work | 95% of PIAWE | 80% of PIAWE | 80%, if no capacity indefinitely |
| Capped at | SIRA maximum weekly amount | SIRA maximum weekly amount | SIRA maximum weekly amount |
| Main condition | Current certificate of capacity | Capacity reviewed | Strict eligibility tests |
Highlighted cells = best option per criterion
The maximum weekly amount changes over time. Check the current figure on SIRA's website or with your case manager.
Weekly payments are time-limited, generally to 260 weeks in total. Longer support is only for the most seriously injured.
Check your PIAWE letter. It should include regular overtime and allowances paid every week. If it looks low, ask for the calculation in writing and send your payslips. This is where keeping every payslip pays off.
Step 6: What are suitable duties, and who has to find them?
Once your doctor says you can do some work, the goal is getting you back safely. That's suitable duties: work that fits the limits on your certificate.
If you need more than 7 days off, icare says you must take part in an injury management plan. It covers treatment, rehab and the return-to-work steps.
The labour hire twist: the obligation sits with your employer, which is the agency.
- If the original host has suitable duties, great.
- If it doesn't, that's not the end of it. The agency should look at another host or other duties that fit your certificate.
Your side of the deal:
If you pick up any other work while on weekly payments, declare it. It gets offset against your payments. Hiding it can end the claim.
Step 7: What can you do if the claim goes wrong?
Most claims run as they should. When one doesn't, there's a ladder, and most of it is free.
- Put it in writing to the agency: date of injury, claim number, what you need.
- Deal with the insurer directly. You're allowed to. Ask for any decision and its reasons in writing.
- Ask for an internal review of a decision you disagree with.
- Call the Independent Review Office (IRO) on 13 94 76. It's free, and through ILARS it can fund a lawyer for your dispute.
- The Personal Injury Commission resolves NSW workers comp disputes that can't be settled.
If your shifts dry up after a claim. Making a workers compensation claim is a workplace right. The Fair Work Act 2009 bans adverse action against you for exercising it, like being dismissed, having hours cut or being threatened. If you're dismissed, you have 21 days to lodge with the Fair Work Commission.
Psychological injury? The rules changed on 1 July 2026. Our guide to mental health claims for site workers covers the new test. Don't rely on older advice.
Tell the site and the agency the same day. See your own doctor. Get a certificate of capacity. Make sure the insurer is notified within 48 hours. Keep every certificate current. Do those five things and the system mostly works the way it's meant to.
How does Leap handle an injury on one of its jobs?
💡 Leap is a Sydney labour hire company. If you work with us and get hurt, we're the agency in this article. Our policy covers the claim, and our office handles the notification and the return to work.
What that looks like in practice: we log the injury, notify our insurer, collect your certificate of capacity, and work with you, the host and the insurer on suitable duties. If the original site can't take you back on restricted duties, we look elsewhere.
We don't give legal advice. If your claim becomes a dispute, the IRO on 13 94 76 is independent of us and of the insurer, and that's how it should be.
Looking for work with an agency that runs PAYG, super and workers comp properly? See casual labour hire in Sydney for how the model works, browse labourer jobs in Sydney or warehouse jobs in Sydney, or register with Leap.
Frequently Asked Questions
Who pays me workers comp if I'm injured on a labour hire job?+
Your labour hire agency's workers compensation policy, not the host site. The agency is your employer. The host still has safety duties on site, but the claim runs through the agency.
How quickly do I have to report a workplace injury in NSW?+
As soon as possible. Tell the site supervisor and your agency the same day. icare says your employer must then notify its claims service provider within 48 hours of you telling them.
What if my agency doesn't notify the insurer?+
You can do it yourself. icare lets you, or someone you nominate such as a family member or your doctor, notify the employer's claims service provider of the injury online.
Do I have to see the doctor the agency or site picks?+
No. You choose your own nominated treating doctor, usually your regular GP. That doctor issues the NSW certificate of capacity your claim needs.
When do workers comp payments start in NSW?+
Once the insurer is notified, it must start provisional weekly payments within seven days unless it has a reasonable excuse. Provisional liability can cover up to 12 weeks of income and up to $10,000 of reasonably necessary medical treatment.
How much will I get paid on workers comp?+
It is based on your pre-injury average weekly earnings (PIAWE). For the first 13 weeks with no capacity to work it is generally 95% of PIAWE, then 80%, always capped at a maximum weekly amount SIRA sets and updates.
What if the host site won't take me back on light duties?+
Your agency is your employer, so the return-to-work obligation sits with it. If the original host has nothing that fits your certificate, the agency should look for suitable duties elsewhere. Put the request in writing.
Can my agency stop giving me shifts because I made a claim?+
No. Making a workers compensation claim is a workplace right, and the Fair Work Act protects you from adverse action for exercising it. If you are dismissed, the deadline to lodge with the Fair Work Commission is 21 days.
