Where a worker's claim against the employer has been discontinued or is barred by the s 151H threshold, the defendant non-employer tortfeasor bears the onus of proving the employer's liability and its extent for the purpose of the s 151Z(2)(c) reduction. The 20% apportionment to a labour hire employer is not a standard figure but must be assessed on the facts of each case. A head contractor who retains control over a construction site owes a duty of care to employees of subcontractors to ensure they are not exposed to unreasonable risk, and cannot avoid that duty by contractual delegation of safety responsibilities to the subcontractor.
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