A decision in Queensland about workers' compensation has
raised questions about an employer's ability to obtain
indemnity from WorkCover Queensland under the Workers'
Compensation and Rehabilitation Act 2003 (WCRA) for
contractual claims.
In Byrne v People Resourcing (Qld) Pty Ltd & Anor,
the employer sought and won indemnity from WorkCover Queensland for
a claim for contractual indemnity by a third party (in this case, a
host employer) noting that in the previous case of Bonser v
Melnacis [2000] QCA 013 the Queensland Court of Appeal
restricted the joinder of an employer in negligence, where an
injured worker is precluded from claiming common law damages from
an employer.
The decision that WorkCover is required to extend indemnity to
an employer for any liability in contract to a co-tortfeasor has
the potential to shift the burden for such claims from public
liability insurers to WorkCover—at least in the short-term.
Some uncertainty remains about the impact of
