Work Compensation QLD Legislation Changes

workinjuriesThere are important changes in QLD Legislation regarding work compensation entitlements.

On September 17th 2015 a new bill was passed by the Queensland Government called the Workers’ Compensation and Rehabilitation And Other Legislation Bill 2015. But what does the new bill mean for working Queenslanders?

In a nut shell it means the 5% threshold that was previously applied to common law claims from 1% has now gone back to 1%. The new legislation applies to injuries from 31st January 2015.

Under the old legislation an injury had to be greater than a 5% degree of impairment in order to pursue a common law claim. The changes prevented a number of workers from making a common law or damages claim. This has now been repealed and the threshold is back to 1%.

Workers who have been injured between 15th October 2013 and 31st January continue to be affected by the 5% threshold. If you need free advice on your work compensation claim call 1800 245 100 today.

Get advice before accepting a lump sum payment

The new Act also includes a reparation scheme providing additional compensation to workers who fall below the threshold and are affected by the Newman legislation changes. Additional compensation is only available to injured workers who have not previously accepted a lump sum. It is essential if you have a claim and were injured in the period 15th October to 30th January 2015 and you have not received a lump sum offer, you seek legal advice and not accept any offer until you have sought advice.

If you have been offered a lump sum you must seek legal advice before accepting any offer as you may sign away future rights to compensation. For more information call 1800 245 100 for free advice and a free case review.

Up to 3 x Lump Sum

The reparation scheme is a fault based scheme so the employer must be deemed negligent. If the employer accepts liability the injured worker may be entitled to the base level statutory lump sum plus a multiple of two which is three times the lump sum offer.

If the employer does not admit liability they must advise the lawyer that additional information is required and if in those circumstances the employer agrees to pay the additional lump sum, it may also have to cover legal costs.

Information on this web page is general. To obtain legal advice from an accident injury attorney call 1800 245 100.