Hospitality Worker Compensation Claims

Common hospitality injuries

• Burns and scalds — kitchen work, hot drinks, fryer oil
• Slips on wet floors — particularly in kitchens and bars
• Cuts — knives, glass, food preparation
• Cumulative back / shoulder injury — sustained lifting, carrying, repetitive movement
• Sexual harassment and assault — particularly in bar and event settings
• Verbal abuse and threat-related stress — customer-facing roles
• Mental health from intense workload and roster patterns

Casual workers and workers comp

Casual workers are still covered by workers compensation. Common myths to dispel:

• "Casuals can't claim" — wrong. Casual workers are explicitly covered.
• "You need 12 months service to claim" — wrong. There's no qualifying period.
• "You can be sacked for claiming" — adverse action for claiming is unlawful under Fair Work Act.

Casual employment can complicate evidence of pre-injury earnings, but specialist lawyers can establish weekly rates for compensation purposes.

Sexual harassment and workplace assault

Hospitality has elevated rates of sexual harassment by customers, colleagues, and management. Three claim pathways may apply:

• Workers compensation for psychological injury
• Sex Discrimination Act / state equivalents — separate compensation for harassment itself
• Vicarious liability claim against the employer for failing to prevent
• Personal claim against the perpetrator where appropriate

The 2022 federal sexual harassment reforms (the "Respect at Work Act") strengthened these pathways.

Hostplus TPD

Hostplus is the industry fund for hospitality workers. Default TPD cover is provided automatically subject to PYS / PMIF eligibility. Where chronic injury or mental health prevents return to hospitality work — and realistic alternatives are limited — TPD claims commonly succeed.

See our Hostplus TPD guide.