If you are injured at work, it is understandable that you have questions about the potential consequences for your employer when making a workers’ compensation claim. It’s a common question, and in this article, we will have a clear and comprehensive overview of what you can expect.
The Workers’ Compensation Scheme in Queensland
The Workers’ Compensation and Rehabilitation Act 2003 governs the workers’ compensation system in Queensland, establishing a “no-fault” scheme. This means that employees are eligible for compensation for work-related injuries or illnesses regardless of who was at fault. WorkCover Queensland is the sole provider of workers’ compensation insurance in the state, except for certain self-insured employers. In the event of a work-related injury or illness, employees can file a claim with WorkCover, which will evaluate the claim and provide the necessary benefits and assistance.
Types of Workers’ Compensation Claims
There are two main types of workers’ compensation claims in Queensland: statutory claims and common law claims.
Statutory (No-Fault) Claims
These are the most common type of claims, where the employee is entitled to compensation regardless of who was at fault for the injury or illness. Statutory benefits can include weekly wage payments, medical expenses, and lump-sum payments for permanent impairment.
Common Law Claims
In some cases, an employee may be able to pursue a common law claim against their employer. This type of claim involves the employee taking the matter to court. Common law claims can result in larger damages awards, but they are more complex and have stricter time limits.
What Happens to the Employer When a Claim is Made?
When an employee makes a workers’ compensation claim, the employer’s primary role is to cooperate with the claims process and support the employee’s recovery and return to work. Here’s what you can expect:
Notification and Incident Reporting
The employee is required to notify their employer about the injury or illness as soon as possible. The employer must then report the incident to WorkCover Queensland, providing details about the incident and the employee’s work duties.
Claim Lodgement
The employee is responsible for lodging the actual workers’ compensation claim with WorkCover Queensland, either online, by post, or by calling the WorkCover helpline. The employer may be asked to provide additional information to support the claim, such as details about the employee’s wages and work duties.
Claim Assessment
WorkCover Queensland will assess the claim to determine whether it is accepted. This may involve gathering further information, such as medical reports and statements from the employee, employer, and any witnesses. The employer’s role is to cooperate with this process and provide any requested information.
Time Limits
When a worker sustains an injury or illness at work, they have six months to inform WorkCover Queensland and apply for statutory benefits. For benefits claims, it is advisable that the worker lodge a claim within 20 business days after being assessed by a licensed medical practitioner. Otherwise, the worker’s compensation may be affected.
However, there is a three-year limit in making a compensation claim from the time the worker has been injured at work. Beyond this, claims may be barred.
Rehabilitation and Return to Work
Employers have a legal obligation to support the employee’s rehabilitation and return to work. This may involve providing suitable duties, modifying the workplace, or arranging for the employee to undergo vocational rehabilitation. The employer’s cooperation and participation in this process can help facilitate the employee’s recovery and successful return to work.
Dispute Resolution
If the employee is unhappy with the outcome of their workers’ compensation claim, they have the right to seek a review through the Workers’ Compensation Regulator. The employer may be required to provide additional information or participate in the review process.
It’s important to note that employers are generally protected from being sued by employees for work-related injuries or illnesses, as the workers’ compensation scheme is designed to be the sole remedy.
Employer Responsibilities and Obligations
Employers in Queensland have a range of responsibilities and obligations when it comes to workers’ compensation. These include:
Providing a Safe Workplace
Employers have a duty of care to provide a safe working environment for their employees. This includes identifying and addressing potential hazards, implementing appropriate safety measures, and ensuring that employees are properly trained and equipped to perform their duties safely.
Maintaining Workers’ Compensation Insurance
Employers in Queensland are required to have a valid workers’ compensation insurance policy, either through WorkCover Queensland or as a self-insurer. Failure to maintain this insurance can result in significant penalties.
Cooperating with the Claims Process
As mentioned earlier, employers must cooperate with the workers’ compensation claims process by providing information, supporting the employee’s rehabilitation, and facilitating their return to work.
Preventing Discrimination
Employers are prohibited from discriminating against employees who have made a workers’ compensation claim. This includes taking adverse action, such as terminating employment or denying promotion opportunities, because of the claim.
Maintaining Confidentiality
Employers must maintain the confidentiality of employees’ personal and medical information related to a workers’ compensation claim. This information can only be used for the purposes of the claim and rehabilitation process.
The Importance of Seeking Legal Advice
While the workers’ compensation system in Queensland is designed to be relatively straightforward, the process can still be complex, especially when it comes to more serious or disputed claims. Employees who have suffered a work-related injury or illness are strongly advised to seek legal advice from our experienced compensation lawyers at GC Law.
Our compensation lawyers can help you navigate the claims process, ensure that you receive the full benefits and support you’re entitled to, and advise you on your options if you’re unsatisfied with the outcome of your claim. We can also represent you in any dispute resolution proceedings or common law claims against your employer.
It’s important to note that there are strict time limits for making workers’ compensation claims in Queensland, so it’s crucial to seek legal advice as soon as possible after your injury or illness occurs.
Conclusion
Making a workers’ compensation claim in Queensland can be a stressful and daunting experience, but it’s important to understand that the system is designed to protect both employees and employers. Employers have a range of responsibilities and obligations when it comes to workers’ compensation, and they are generally protected from being sued by employees for work-related injuries or illnesses.
If you have suffered a work-related injury or illness, seek legal advice from an experienced compensation lawyer such as ours who can guide you through the claims process and ensure that you receive the benefits and support you’re entitled to. Consult for free with one of our experts.
Remember, your health and well-being should be the top priority, and the workers’ compensation system is there to help you on your road to recovery.
