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Queensland publishes workers’ comp review

The Queensland workers’ compensation scheme is meeting its objectives and compares well with other jurisdictions, according to a review of the program.

Definitions of who and what injuries are covered should stay the same, as should workers’ ability to claim under common law if they suffer following employer negligence, the state’s finance and administration committee says.

The WorkCover scheme is financially viable, with an excellent funding ratio, and has the second-lowest premium in the country.

There is a strong focus on rehabilitation, and the return-to-work rate – 98% last financial year – is better than other schemes, the committee says.

The program is centrally funded, meaning a single public insurer performs most functions including underwriting.

Reforms in 2010 have helped address unmeritorious claims, the committee says.  However, some “perceived shortfalls” have prompted a series of recommendations.

An extensive awareness, education and compliance campaign should be launched to help employers and workers understand their rights, obligations and responsibilities, the report says.

And guidance material should be sent to assessors to ensure decisions are clear and consistent.

The report also calls on the Attorney-General and Minister for Justice to facilitate a consistent national approach to latent onset claims.

Legislation should be amended making it mandatory for insurers to refer injured staff to accredited return-to-work programs if they are making a common law claim for future economic loss on the basis they are unemployed.

And WorkCover should review its psychological claims assessment processes, the report says.

“I can assure everyone that it was a completely open and transparent process… to come to what we consider to be the right conclusions and recommendations for the Parliament to consider,” committee chairman Michael Crandon said.

Although “not everyone will be happy” with the recommendations, they achieve the “right balance” between workers and employers, he says.

The review received 246 submissions and held public forums in Mackay, Cairns and Brisbane.