What is a workers compensation scheme?
All employers are required to insure their employees against injury or illness at work. Most employers in Queensland insure under the state scheme known as Workcover. There is also a commonwealth scheme known as Comcare which applies to employees of the commonwealth and commonwealth authorities. Some large employers operating in more than one state may also be insured under the commonwealth scheme. Your employer should be able to tell you which scheme applies to you.
Who is covered?
Employees who work for wages or salary or on commission on a full-time or part-time basis or as casual employee are covered by the scheme. The definition of an employee is not always straightforward. If you are not sure whether you are an employee or a person entitled to apply for workcover get legal advice.
When am I covered?
You are covered if you suffer a personal injury arising in the course of your employment. You are also covered if the injury occurs on a journey between work and home or on a recess break provided you have not subjected yourself to an abnormal risk of injury. Injuries include diseases, psychological or psychiatric conditions or a medical conditions as well as physical impairment.
How does the scheme work?
The current state scheme came into place in 2003 and the commonwealth scheme in 1988. For claims and injuries prior to these dates get private legal advice.
When your injury occurs in the course of your employment, on a recess break or on a journey from home to or from work, whether your employer was responsible for your work injury or not, you can make a claim for payments. The types of payments you receive may be for wages and medical expenses. If you have suffered permanent work related impairment, you may be entitled to a lump sum payment of compensation.
Apart from the payments under the schemes, you may have a claim in negligence against your employer.
Strict time limits apply to this decision and you should get legal advice from a private lawyer before you make your decision. You have three years from the date of the injury to sue your employer.
Can I be made to have a medical test?
In some situations you can be required to be independently assessed by a medical tribunal or a doctor.
What if I disagree with a decision of workcover or comcare?
Many decisions made by the schemes can be reviewed or appealed. Again strict time limits apply and you should get legal advice if you are considering a review or an appeal.
Workcover and de facto relationships
If you have been in a de facto relationship and your partner dies as a result of a work related incident you may be able to make a claim for death benefits. To make a claim, WorkCover requires you to have lived with your partner at least one year before your partner's death.