Queensland strips minor law claims from workers’ comp
The Queensland Government will exclude minor injuries from common law claims under amendments to its WorkCover legislation.
Insurers will need to ensure common law claimants have access to return-to-work programs, and fraud penalties will be increased.
Workers will need permanent impairments of greater than 5% to lodge common law damages claims, Attorney-General Jarrod Bleijie told Parliament last Tuesday when introducing an amendment to the no-fault workers’ compensation scheme.
Journey claims will still be included and WorkCover will continue as sole insurer.
The Government supports 18 of 32 recommendations made following an inquiry into the system earlier this year and accepts another two with amendment.
Since 2009 the average premium has increased 20%, Mr Bleijie says.
Lower-end claims account for about half the common law payouts and “left unchecked, this would increase pressure in the long term on the ongoing viability of the scheme”.
Such claims will now be handled within the system, to ensure the focus is on rehabilitation and return to work.
Insurers will be required to refer workers to an accredited return-to-work program.
The bill will also increase the onus on workers to prove psychiatric and psychological disorders are work-related.
Employers can ask job applicants to disclose pre-existing injuries that could be aggravated by work and the bill will allow access to people’s claims histories.
The Workers’ Compensation Regulator will replace the current regulator Q-Comp.