Australia’s workers compensation laws are complex and always evolving. Each state and territory has its own scheme.
In 2023, a review of Queensland’s workers compensation scheme found some weaknesses in the system. As a result, the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2024 has been enacted to bring much-needed changes to the scheme, especially around employers’ obligations.
These changes affect workers, employers, insurers and rehabilitation and return-to-work providers. They aim to improve the system by:
- ensuring all injured workers are fully protected, including gig workers
- giving all injured workers fair access to rehabilitation and return to work options
- reducing the risk of claims for secondary psychological injury claims
- giving injured workers the payments they need as soon as possible.
Find out how the changes could affect your claim for workers compensation in Queensland.
Changes to Queensland workers compensation
These changes commenced in August 2024.
Rehabilitation and return to work
Insurers must have a written rehabilitation and return to work process in place within 10 business days of accepting a claim. The plan must be prepared with input from the injured worker, their employer and treating doctors and health practitioners where possible.
An injured worker can ask for a different workplace rehabilitation provider if they’re not happy with the one the insurer provides.
Host employers must cooperate with labour hire providers to meet the rehabilitation and return to work obligations, including:
- responding to relevant communications
- being involved in discussions about alternative duties and return to work
- being flexible in providing suitable duties and reducing barriers for an injured worker.
Early intervention to prevent psychological injury
Employers must provide early intervention for a physical injury claim to reduce the risk of the injured worker suffering a secondary psychological injury. This change aims to reduce the incidence and severity of mental illnesses.
Secondary psychological injuries are usually more complex and take longer to recover from than physical injuries and primary psychological injuries.
So early intervention, including direct and early communication between the injured worker and employer, can ensure the worker gets the help they need early and return to work sooner.
Prompt weekly payments
Insurers and employers must pay weekly compensation promptly when an injured worker is approved to receive these payments.
If WorkCover needs more information about a worker’s normal earnings to calculate weekly compensation payments, they will send the employer a notice asking for this information. The employer must provide it within 5 business days or risk a penalty.
The insurer must start paying the injured worker a basic weekly amount as soon as the claim is approved to give them the money they need to focus on their recovery rather than financial stress.
Compliance and enforcement
The workers’ compensation regulator has been given more compliance and enforcement tools.
For example, employers must provide written evidence to the insurer if they believe it’s not practical to provide suitable duties to the injured worker. The insurer will consider the evidence and decide whether suitable duties are practical.
Where relevant, the employer could be penalised – up to $16,130 – for failing to provide this evidence.
Support for firefighters
Research shows that firefighters are exposed to a range of carcinogenic substances in their job. Therefore, the list of diseases considered to be work related has been expanded to provide more support for firefighters.
The 11 new diseases include asbestos-related diseases; and cancers such as liver, lung, skin, cervical, ovarian, penile, thyroid and more.
These changes make it easier for firefighters with specified diseases to claim compensation and get support. To qualify, a worker must have been employed as a firefighter for a minimum number of years.
Conduct requirements for employers
Employers must not interfere with an injured worker’s claim. The amended law specifies that they can’t:
- interfere with a worker’s right to choose a medical professional for treatment
- prevent a worker talking to a lawyer or union about their claim and right to compensation
- offer an injured worker a benefit (such as paying their wages while they take time off) or a threat (such as formal warnings or dismissal) to prevent them making a workers compensation claim
- be present at the treatment without a worker’s consent.
An employer can still ask for a worker’s consent to attend their medical appointment to help the doctor understand the workplace, normal duties and how to help the worker return to work. But they can’t pressure or intimidate the worker to get this consent.
More changes coming
As well as the above changes, there are more changes coming that relate to:
- expanding the definition of a ‘worker’ to include some gig workers
- providing employees with information statements about the workers compensation scheme before or soon after they start work
- creating a framework for medical specialists assessing permanent impairment
- setting service delivery, competency and professional standards for workplace rehabilitation providers to ensure every engaged provider meets minimum standards.
How this impacts making a claim
Overall, these sweeping changes will benefit workers and provide greater protection for an injured worker who needs to lodge a workers compensation claim.
Employers must now take more responsibility for managing workplace injuries and may be heavily penalised for not doing so.
However, some employers aren’t aware of their new obligations, while others still make it difficult for injured workers to claim compensation, get the rehabilitation they need and even return to work.
If you’re injured in the workplace and your employer breaches these requirements, you should get legal advice to find out your options for making a claim and how the recent legislation changes affect you.
How Main Lawyers can help
Workers compensation laws continue to evolve and change as the workplace environment changes. You should get help from legal professionals to make sure you get everything you’re entitled to.
At Main Lawyers, we stay up to date with every legislation change so we can advise you if your employer isn’t meeting their legal obligations. Contact us today for a free consultation to find out how we can help!