Why a 'Worker to Worker' Claim Can Cost a Scaffolder More Than the Standard Excess

Public liability doesn’t cover a scaffolder’s own employees. An injury to one of them is a workers compensation matter instead. A different trade’s worker is a different story. Their injury is a genuine third party claim. It falls into a specific category, a “worker to worker” claim, that usually carries a much higher excess than standard public liability.

Does public liability actually cover a scaffolder’s own employees?

No. An injury to a scaffolder’s own employee falls under workers compensation, a separate system built for that exact relationship. Public liability only responds to third party injury, meaning injury to someone who isn’t the scaffolder’s own employee. That distinction is the starting point for understanding how a claim involving a different trade’s worker actually gets treated.

Does public liability cover an injury to a worker from a different trade?

Yes, generally. A worker employed by a different business counts as a third party from the scaffolder’s own perspective. They’re someone else’s employee rather than a stranger off the street. A real injury claim from them is still exactly what public liability is designed to cover. What actually changes is which category the claim falls into.

What is a “worker to worker” claim and why is it treated differently?

It’s the term insurers use for claims where an employee of the insured’s causes injury to a worker from an unrelated business. It happens often on sites where several trades work side by side. Insurers treat it as its own category within public liability rather than lumping it in with a claim from a member of the public. It shows up often enough across construction to be priced and structured on its own terms.

Why does this category matter so much for how cover is actually arranged?

Because insurers commonly charge a much higher excess for a worker to worker claim than for a standard public liability claim. Sometimes they add a separate premium loading on top of that. Industry reporting has described worker to worker claims as making up a genuinely large share of total liability claims value across construction.¹ That’s exactly why insurers price and structure this category differently, rather than treating it the same as an injury to a passerby.

How much higher can the excess actually be?

It depends on the insurer and on the specific business’s revenue and subcontractor mix. Industry reporting puts worker to worker excesses at $10,000 or more, well above a standard public liability excess.² The exact figure sits in the policy itself, so it’s worth confirming directly rather than assumed.

The scaffold equipment itself is a separate exposure again, usually covered under a plant and machinery policy rather than public liability.

Key Takeaways

The information in this article is general in nature and does not constitute legal, financial or insurance advice. Please speak with a qualified adviser about your specific circumstances.

Footnotes

1. “Worker to worker” claims: the increasing liability risk every construction broker must manage, Insurance Business Australia ↩

2. “Worker to worker” claims: the increasing liability risk every construction broker must manage, Insurance Business Australia ↩