An official response from Bestcare Manpower Services
When an outsourced worker is injured on the job, one of the first questions that arises is: who is responsible? The answer is more nuanced than many clients expect — and understanding it is essential before entering any outsourcing arrangement. At Bestcare Manpower Services, we address this question head-on with every client we partner with.
The Dual Employer Principle
In most labour outsourcing arrangements, responsibility for a workplace injury is shared between two parties: the outsourcing agency (Bestcare, as the employer of record) and the client company (as the entity controlling the work environment). This is sometimes referred to as the “dual employer” or “co-employer” principle.
The client controls the physical workspace, the tools, the machinery, and the operational conditions under which the worker performs their duties. The agency controls the employment contract, HR policies, and benefits such as insurance cover. Both have obligations — and both can bear liability depending on the circumstances of the injury.
How Responsibility Is Typically Allocated
- If the injury results from an unsafe client workplace — The primary liability typically rests with the client, who is responsible for maintaining a safe environment under OSH legislation.
- If the injury relates to inadequate employment-side protections — Bestcare, as the employer, carries responsibility for ensuring the worker has appropriate insurance cover, has received safety training, and has been adequately inducted before deployment.
- If both parties share fault — Liability may be apportioned accordingly, particularly in jurisdictions with contributory negligence provisions.
Bestcare’s Role in Protecting All Parties
Bestcare Manpower Services ensures that every outsourced employee is covered by workers’ compensation or equivalent accident insurance from the moment of deployment. We maintain comprehensive records of all placements, inductions, and safety briefings. In the event of a workplace injury, our HR and compliance team works swiftly to:
- Ensure the worker receives immediate medical attention
- Initiate the claims process on the worker’s behalf
- Document the incident and cooperate with any investigation
- Advise the client on their reporting obligations to relevant authorities
“When one of our people is hurt on the job, our first instinct is not legal positioning — it is care. We want that worker looked after, properly compensated, and back on their feet. The legal responsibilities will be worked through in due course, but human welfare always comes first at Bestcare.”
— The Director and Team, Bestcare Manpower Services
Protecting Your Business
Clients who partner with Bestcare benefit from clearly drafted SLAs that define each party’s obligations in the event of a workplace injury. This protects both the client organisation and the worker, and ensures that no one is left navigating the aftermath of an injury alone.
For more information about injury liability and our outsourcing protection framework, contact Bestcare Manpower Services today.