Court stops carpenter on ‘cashie’ job nailing compensation

A Queensland carpenter has lost his court fight for compensation over a ladder fall while on the job. Here’s why.

Qualified carpenter Scott Cagney, who has 40 years’ experience, was injured Easter Saturday in 2018 after falling from a ladder while working on a one-day job at a building site in Ipswich. Pictures: File

A Queensland carpenter has lost his bid for compensation after falling from a ladder on a public holiday, with the Court of Appeal ruling he was not an employee, despite WorkCover Queensland accepting his initial compensation claim.

Qualified carpenter Scott Cagney, who has 40 years’ experience, was injured on Easter Saturday in 2018 when he fell from a ladder while working on a one-day job at a building site in Eastern Heights, Ipswich.

He had accepted the job the day before via text message from a representative of D&J Building Contractors.

Mr Cagney argued he was a “worker” under Queensland’s workers’ compensation laws and therefore entitled to claim common law damages from the building company.

However, the Court of Appeal upheld earlier rulings that he was operating as an independent contractor, not an employee, and dismissed his appeal this month.

The court found there was no formal employment agreement, no agreed rate of pay, and that Mr Cagney was doing the job as a “cashier”, which he defined in court as, “get paid cash instead of your hourly rate or wages. You get a little bit more money.”

Mr Cagney told the court that the Easter weekend job was discussed while he and a D&J representative were working as subcontractors on another site.

The court concluded that builder Scott Cagney was acting as a subcontractor in his own business, not as a worker employed by D&J Building Contractors. Picture: File

He testified that the D&J representative told him he “might have something for him” and he responded, “I could do with a couple of cashies.”

He then received a text message on Good Friday asking him if he would help out on the job at Eastern Heights, the next day, Easter Saturday.

Mr Cagney agreed and turned up the next morning with his own nail bag and cutting saw.

While working on the roof, he fell from a supplied ladder described as “a bit rickety” with one rubber foot missing, injuring himself about 25 minutes into the job.

Mr Cagney initially made a claim to WorkCover Queensland, which accepted his application, classifying him as a “worker”.

That decision was upheld by the Workers’ Compensation Regulator.

Mr Cagney argued that because WorkCover and the regulator had accepted he was a worker, D&J Building Contractors should be legally prevented by what’s called issue estoppel from denying that status in court.

But the Court of Appeal disagreed.

The appeal court found WorkCover’s finding applied to its own compensation scheme, not to common law damages claims like Mr Cagney’s.

Ultimately, the court concluded that Mr Cagney was acting as a subcontractor in his own business, not as a worker employed by D&J Building Contractors.

Justice Debra Mullins dismissed the appeal and Mr Cagney was ordered to pay the company’s legal costs.

Originally published as Court stops carpenter on ‘cashie’ job nailing compensation