Sweeping changes to workers’ compensation in Queensland…

Sweeping changes to workers’ compensation in Queensland have recently commenced. Here are some things that employers and employees need to know about the changes.

Changes affecting employers…

Employers must not:

• Interfere or act inconsistently with a worker’s right to choose their own treating medical practitioner.
• Be present during a worker’s medical treatment without the worker’s genuine consent.
• Prohibit a worker from seeking advice from a lawyer or their union.
• Influence a worker not to apply for compensation by: -? giving the worker a financial or other benefit, or -? causing detriment to the worker - e.g. threatening to dismiss.
• Fail without reasonable excuse to comply within five business days with a notice from WorkCover Queensland requiring information for calculating a worker’s weekly compensation entitlement.
• Fail to give written evidence to WorkCover (or other insurer, if applicable) if it is not practicable to provide a worker with suitable duties.

Failure to comply can result in a penalty, which, depending on the offence and circumstances, could be up to $16,130.

Changing affecting host employers…

Host employers are also affected by some of the changes.

In labour hire situations, host operators must cooperate by taking all reasonable steps to support the labour-hire provider in meeting its rehabilitation obligations for an injured labour-hire worker. For example, this could involve discussing planning for a return to work or identifying suitable duties.

Changes affecting workers…

The changes affecting workers include:

• Workers can now request a copy of their written rehabilitation and return to work plan. WorkCover (or another insurer, where applicable) must create the plan within ten business days of the worker’s claim being accepted, and the worker should be consulted.
• Workers can request a change of workplace rehabilitation provider selected by the insurer, subject to requirements around practicability.
• The insurer must take reasonable steps to support a worker by minimising the risk of a secondary psychological injury arising from a physical injury—e.g., adjustment to injury counselling or workplace-facilitated discussions.
• Workers who cannot work must be paid at least a minimum weekly payment (55% of the Queensland full-time adult ordinary time earnings).

Implications

Employers should:

• Review their policies and procedures for managing workers’ compensation claims.
• Ensure they have payroll capacity to respond to notices requiring wage information.

Host employers should consider implementing new policies and procedures to address the new laws.

Employees carefully consider how the changes will affect them and understand how they can exercise their rights under the new laws.

At WorkLegal our experienced team can answer your questions and put you on the right track. ?A range of fixed-price Initial Consultations will suit most people’s needs in quickly learning what their options are.

Some more information is available here or you can book an initial no-obligation chat online to review an employment contract or contractor agreement.