Hays Specialist Recruitment (Australia) Pty Ltd v Carey-Schofield; Civeo Pty Ltd v Carey-Schofield
[2025] QCA 161 · Bond and Brown JJA and Vaughan AJA
Aaron Carey-Schofield was a casual labour-hire worker emptying rubbish bins at a mining accommodation village in Dysart in February 2019. While dragging a heavy rubbish bag, he was startled by a wasp, stepped backwards, tripped on a bag left on the ground and fell heavily onto his left elbow, suffering a serious fracture that required surgery and left him with lasting impairment. He sued both his labour-hire employer (Hays) and the host company (Civeo), and the trial judge entered judgment in his favour for over $873,000 against Civeo and around $503,000 against Hays. Both companies appealed, arguing they were denied a fair trial, that the judge's factual findings about how the accident happened were wrong, and that the damages for future loss of earning capacity were too high. They also disputed a costs order. The Court of Appeal rejected every argument and dismissed both appeals, so Mr Carey-Schofield kept his award.
Incident & injury
Plaintiff, while emptying wheelie bins of rubbish, was startled by a wasp, stepped backwards, tripped on a rubbish bag left on the ground and fell onto his left elbow
- Body regions
- Elbow, Left elbow, Psychiatric (Left)
- Diagnoses
- Comminuted intra-articular fracture of the left distal humerus with displacement, Post-traumatic degenerative change of left elbow, Post-surgical scarring, Psychiatric impairment secondary to physical injury
- Incident date
- 24 February 2019
- Location
- Civeo accommodation village, Dysart, Queensland
Quick facts
- Date of judgment
- 2 September 2025
- Claim type
- Hybrid (WCRA + PIPA)
- Proceeding
- Appeal
- Plaintiff outcome
- Successful
- Occupation
- Facilities - stores/grounds worker (casual labour hire) at accommodation village Labourer
- Liability
- Disputed
- ISV assessed
- 20 · Item 101 (serious elbow injury) – WCRR Sch 9
- Whole Person Impairment
- 8%
- Total damages
- $873,014
Outcome
Both appeals by Hays and Civeo against the trial judgment in favour of the plaintiff were dismissed. The Court of Appeal held there was no denial of procedural fairness, the primary judge's factual findings and risk-of-harm formulation were sound, the future economic loss awards were within range, and s 316 of the WCRA did not preclude the costs order against Civeo. The plaintiff retained his trial recovery (judgment of $873,014.08 against Civeo).
Defendants (2)
1 Civeo Pty Ltd
Host employer / Occupier
- Judgment against this defendant
- $873,014
Heads of damage
| Future loss of economic capacity | $250,000 |
|---|---|
| Future superannuation | $29,450 |
2 Hays Specialist Recruitment (Australia) Pty Ltd
Labour-hire employer
- Judgment against this defendant
- $503,596
Heads of damage
| Future loss of economic capacity | $250,000 |
|---|---|
| Future superannuation | $29,450 |
Key issues
Hays Specialist Recruitment (Australia) Pty Ltd v Carey-Schofield; Civeo Pty Ltd v Carey-Schofield [2025] QCA 161
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Learn more about labour hire and hybrid work injury claims in Queensland.