PALM workers have rights. So why are some falling through the cracks?

What is the PALM scheme?

The Pacific Australia Labour Mobility (PALM) scheme helps Australian employers fill labour shortages by recruiting workers from Pacific Island countries and Timor-Leste. PALM workers play an important role across industries including agriculture, food production, meat processing, aged care, and hospitality.

Like all workers in Australia, PALM participants are entitled to workplace protections, and employers have legal obligations to provide a safe working environment.

PALM workers have the same workplace rights as everyone else

A common misconception is that temporary visa holders have fewer rights than Australian citizens or permanent residents, but that’s not the case. Workers in Australia are generally entitled to the same workplace protections regardless of their nationality or visa status. These protections can include:

• a safe workplace
• minimum wages and lawful working conditions
• protection from discrimination and workplace bullying
• access to workers' compensation following a work-related injury or illness
• payment of superannuation where applicable
• the right to raise concerns about workplace safety

No worker should be made to feel that reporting an injury, raising a workplace concern, or seeking compensation could jeopardise their right to be treated fairly.

What happens if a PALM worker is injured at work?

In most cases, PALM workers who are injured at work can access the same workers' compensation schemes that apply to other workers in the state or territory where they are employed.

Depending on the circumstances, workers' compensation may provide support for:

• medical treatment and rehabilitation expenses
• income support while recovering
• assistance returning to work
• lump sum compensation for permanent impairment in some cases

These entitlements exist because workers should not be left carrying the financial burden of a workplace injury that occurred while doing their job.

Why can injuries create additional challenges for PALM workers?

While the legal rights may be the same, the practical reality can be more complicated. Another challenge facing some PALM workers is access to healthcare. Unlike many other workers in Australia, PALM workers are not eligible for Medicare and must rely on private health insurance. While private health insurance is a requirement of the scheme, workers may still face practical barriers to accessing medical treatment, including concerns about costs, difficulty understanding insurance arrangements, cultural factors, or fears about how an injury could affect their employment or visa status.

Many PALM workers also have employment arrangements that are closely connected to their accommodation, welfare support, and visa status. When a worker suffers a serious injury and is unable to perform their normal duties, those connected arrangements can create additional pressures.

A worker may suddenly find themselves dealing with:

• ongoing medical treatment and recovery
• uncertainty about their employment
• concerns about housing or accommodation
• questions about future work opportunities
• difficulty navigating government, insurance, and immigration systems

As highlighted by the recent ABC reporting, these challenges can become even more significant if an employer enters financial distress or ceases operating altogether.

Falling through the cracks

The ABC's reporting has sparked broader discussion among workplace law experts, migration researchers, and worker advocates about whether more support is needed for PALM workers who are injured at work.

One issue raised by the reporting is what happens when a PALM worker can no longer perform their usual duties after an injury. Because PALM workers' employment arrangements can be closely linked to their visa status and accommodation, a workplace injury can have consequences that extend well beyond time away from work.

For some workers, recovery from injury may overlap with uncertainty about their employment, housing, and immigration arrangements, creating challenges that many other workers do not face.

Experiencing these challenges does not mean a worker loses their legal rights. Workers may still be entitled to workplace protections, compensation, and support even if their employment circumstances change after an injury.

What should injured PALM workers do?

If you are injured at work, it is important to act as soon as possible.

Some practical steps include:

1. Seek medical treatment immediately.
2. Report the injury to your employer.
3. Keep records of medical appointments, certificates and expenses.
4. Obtain information about your workers' compensation rights.
5. Seek legal advice if you are unsure about your rights, entitlements, or employment situation following an injury.

Time limits can apply to some workplace injury claims, so getting advice early can make a significant difference.

You don't have to face it alone

Coming to Australia for work should not mean giving up your right to be treated with dignity and respect after a workplace injury.

The recent ABC story is a powerful reminder that recovering from an injury can be difficult enough without having to navigate uncertainty about employment, accommodation, or legal entitlements.

PALM workers, migrant workers, and temporary visa holders all have rights under Australian workplace laws. Understanding those rights is often the first step towards getting the support you need.

Need help after a workplace injury?

If you've been injured at work, are facing difficulties with your employer, or are unsure how a workplace injury may affect your employment, visa, or entitlements, Maurice Blackburn's employment and industrial law team can help you understand your rights and the options available to you.

Find out in minutes whether you may have a work injury claim with our free claim check, or call 1800 111 222 to speak with our team.