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6 November 2024

There are certain scenarios relevant to determining entitlement to Queensland worker's compensation weekly payments.

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Hall Payne Lawyers

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There are certain scenarios relevant to determining entitlement to Queensland worker's compensation weekly payments.
Australia Employment and HR

In Queensland, WorkCover Queensland (or the relevant self-insurer) plays an instrumental role in providing financial support to injured workers through weekly payments to cover lost wages while they are unable to work or have limited working capacity due to their workplace injury. There are certain scenarios relevant to determining entitlement to Queensland worker's compensation weekly payments.

WorkCover Queensland is the primary insurer responsible for workers' compensation insurance in Queensland. This compensation includes coverage for medical expenses, rehabilitation, and weekly payments to support the injured worker during their recovery. There are eligibility requirements to be entitled to worker's compensation.

Eligibility for worker's compensation weekly payments

Employee or independent contractor?

The most important question to consider regarding your entitlement to weekly payments is whether you are an employee or an independent contractor.

To be eligible for weekly payments after a workplace injury, the worker must be an employee or a deemed worker under the scheme. The individual can be working full-time, part-time, or in a casual capacity.

Occasionally, an employer may deliberately disguise an employment relationship as an independent contracting arrangement, often to avoid responsibility and entitlements. This practice is called sham contracting and is illegal.

There are various tests used to determine whether a worker is an employee or an independent contractor for the purposes of a worker's compensation claim. Please contact us for a detailed analysis of your specific circumstances as it is crucial to correctly identify the nature of the employment relationship in the unfortunate event of workplace injury.

If it is determined that you are ineligible for worker's compensation, you may have other options like a TPD claim or Income protection claim. We can also assist you with this.

Is it a work-related injury?

For a workers' compensation claim to be accepted, the injury or illness that you are suffering from and that is causing ongoing incapacity needs to arise out of or in the course of your employment, with employment being a significant contributing factor.

To explain further, these injuries should have happened as a direct consequence of performing your duties either:

It is important to note that even when an employee is working from home, the employee is still entitled to workers' compensation, provided the necessary causal link to employment is established.

If the worker is injured in a motor vehicle accident while travelling to and from their place of employment and home, they are entitled to lodge a journey claim. The worker may also be entitled to other compensation under the MAIC-CTP scheme (the compensation scheme for people injured in a motor vehicle accident in Queensland) if they are not at fault. These claims can be complicated, and it is important that you seek legal advice before proceeding with either a motor vehicle accident claim or worker's compensation claim.

Lodging a WorkCover Queensland claim

It is crucial to alert your employer about the injury as soon as possible. If there are specific mechanisms to report your incident or create an incident report, it is important to follow such processes and rules to ensure the incident is well documented. Make sure the details of the incident are documented accurately in your employer's injury register or reporting system by providing additional information if needed.

Consult and obtain medical treatment immediately. An employer may take you to their nominated doctor, however, please be aware that you are entitled to seek medical treatment from your preferred treatment provider. You will be issued a specific worker's compensation medical certificate (called a work capacity certificate) with relevant information, such as the date of the incident, details of the nature and extent of your injury, your capacity to work, and any restrictions or recommended treatments.

Once you have notified your employer and obtained your medical certificate, you can lodge a worker's compensation claim online.

For more detailed information, you can read our earlier blog, "Your guide to worker's compensation claims in Queensland."

Your entitlement to worker's compensation weekly payments

You will get paid worker's compensation weekly payments if you are an employee under the scheme and sustained an injury during the course of your employment as noted above. Once you have lodged a worker's compensation claim, if your claim is accepted, you will begin receiving payments.

The payments are designed to compensate for lost wages while you are unable to work due to the injury. 85% of your normal weekly earnings are payable to you in the initial 6-month period following claim acceptance. These payments are reduced further as time progresses.

How long will I be paid weekly payments?

The duration of worker's compensation weekly payments is entirely dependent on your recovery and your ability to return to work. This does not mean that payments will go on forever, and depending on your case-specific circumstances, WorkCover Queensland can cease weekly entitlements.

Generally, your entitlements to weekly payments stop when you have returned to work, and your injuries have been assessed as stable and stationary. During this period of compensation, you are required to cooperate with WorkCover Queensland, participate in rehabilitation programs, participate in host employment, or in a gradual return-to-work plan.

Should I accept a worker's compensation lump sum payment offered?

The decision to accept a lump sum payment should not be taken lightly, as it has major consequences. Notably, your entitlement to a common law claim may be affected.

During the process of recovery, you may be asked to attend an Independent Medico-Legal appointment to assess your injuries and determine whether they have become stable and stationary. This is often done when your recovery is not complete, and there is a chance that you have sustained a permanent impairment as a result of the injury.

WorkCover Queensland can issue a Notice of Assessment and offer you a lump sum payment for your impairment. Your weekly payments will stop once you have been issued a Notice of Assessment. It is very important at this stage to seek legal advice before you accept the lump sum payment.

If your injury was due to the negligence of your employer, you may be entitled to a common law claim in addition to your statutory entitlements (like weekly payments and medical expenses). However, your ability to pursue a common law claim for negligence against your employer may be at stake if you accept a lump sum payment. It is crucial that you seek legal advice if you have been offered a lump sum payment.

Get help from a worker's compensation lawyer

Getting injured at work can be stressful. It is very important to focus and prioritise rehabilitation when you have sustained an injury. A weekly payment to support an injured worker financially, aids and helps them to focus on recovery.

If, however, your worker's compensation claim has been denied, or your weekly payments have been decreased or stopped altogether, you should seek advice and assistance from a lawyer experienced in Queensland worker's compensation claims.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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