Workers Compensation

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“ Contents ”

“ WorkCover Queensland Queensland Industrial Relations Commission ”

“ Personal Injury (QLD) Motor Vehicle Accident (QLD) ”

“ WorkCover is responsible for the administration of injury management, return to work, workers compensation laws, and management of the workers compensation system for workers, employers and insurers. The Workers’ Compensation Regulator is an independent statutory authority that works to resolve ... ”

“ When a workplace injury occurs, the injury must be reported to the employer as soon as possible. The employer then has to notify the insurer within eight business days. If the employer fails to notify the insurer, the injured worker, or anyone else, can do so. ”

“ Section 131(1) of the Act says that the application for compensation is valid and enforceable only if the application is lodged by the complainant within six months after the entitlement to compensation arises. However section 131(4) provides that the insurer must waive subsection (1) for ... ”

“ An injury to a worker is taken to arise when a worker is injured during a ‘journey’ (a) between the worker’s home and place of employment, (b) between his home or place of employment and any educational institution which he is required or expected by the terms of his employment to attend or (c) ... ”

“ If a worker receives a personal injury during a temporary absence from his place of employment during an ordinary recess - for instance at lunch time, or morning or afternoon tea - and the event is not due to the worker voluntarily subjecting himself to an abnormal risk of injury during the ... ”

“ Boilermakers deafness, also known as industrial deafness, is deafness due to an overexposure to high intensity noise levels. This deafness can be a gradual process occurring over many years, and may involve several employers. Claims for injuries such as this are made on the current employer or, ... ”

“ Section 122 of the Act applies to an injury sustained by a worker who is a miner where the injury is the disease silicosis or anthracosilicosis. Under section 123 compensation is payable if the worker has been continuously resident in the state for five years immediately before the onset of the ... ”

“ As opposed to legislation in other states, the Workers’ Compensation and Rehabilitation Act 2003 (Qld) does not specifically provide for a psychological injury. However, broadly speaking, those claims can be made under section 32 of the Act, as with any other personal injury. ”

“ Section 38 of the Act defines permanent impairment as follows: A permanent impairment, from injury, is an impairment that is stable and stationery and not likely to improve with further medical or surgical treatment. ”

“ An injured worker eligible to make a work injury claim because their employer was negligent for damages or at fault can sue their employer. Proceedings for a damages claim are made in accordance with the Civil Liability Act 2003. ”

“ Section 140 of the Act outlines the maximum statutory compensation entitlement: (a) for compensation payable as weekly payments under part 9--$200000; and ”

“ Section 40 of the Act defines rehabilitation as: (1) Rehabilitation, of a worker, is a process designed to-- ”

“ Schedule 6 defines ‘medical treatment’ as: (a) a treatment by a doctor, dentist, physiotherapist, occupational therapist, psychologist, osteopath, podiatrist or speech pathologist; or ”

“ A worker who receives an injury that results in permanent impairment is entitled to receive compensation for that permanent impairment. Permanent impairment compensation is in addition to any other compensation under this Act. See section 66 of the Act to calculate the amount of permanent ... ”

“ Where a worker dies because of an injury, the insurer must pay expenses arising from the worker’s injury and death to persons who have an entitlement to compensation under section 194 of the Act. Under section 199 of the Act the insurer must pay reasonable expenses of the medical treatment of, or ... ”

“ An injured worker may be referred for medical assessment. An insurer refers a matter to a tribunal by making a reference in the approved form, and giving the tribunal a copy of all relevant documents. A medical assessment involves the injured worker being examined by an approved medical ... ”

“ Appeals against a decision of the medical tribunal are by and large final, except if there is fresh medical evidence. However the provisions of the Judicial Review Act 1991 are still applicable. ”

“ Internal review Section 538 provides that, before an insurer makes a decision to reject an application for compensation or to terminate compensation, the insurer must undertake an internal review of that decision. Furthermore the Act provides that that review must be undertaken by a more senior ... ”

“ Section 549 of the Act states that a claimant, worker or employer aggrieved by the decision of the authority may appeal to an appeal body – that is, an Industrial Magistrate. Section 550 outlines the procedures that must be followed for the appeal. ”