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IN THIS SECTION:
APPLICATION FOR WORKCOVER BENEFITS
- An Application for benefits must be lodged within 6 months of the date of the accident or your symptoms first appear.
- It may be refused if you do not lodge your claim within this time.
- The application should be lodged with 20 business days of the accident to ensure full entitlements are recovered. If you lodge your application for workers compensation more than 20 business days after accident you will not receive your full entitlements.
- If your application is refused or rejected by WorkCover then you lose your legal rights to sue, unless you overturn the insurer’s decision through the statutory review mechanism.
Application forms can be obtained from:
- Quinlan Miller and Treston by contacting 1800 851312 or (07) 3223 6400; or
- Your union; or
- WorkCover’s website www.workcover.qld.gov.au
- Applications can be made over the telephone by contacting WorkCover on 1300 362 128. A verbal application must be followed up by lodging the approved application form.
- You must also lodge a medical certificate with your application.
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ARE YOU ENTITLED TO BENEFITS?
- You must be a worker who has suffered an injury.
- You do not need to prove negligence to receive statutory benefits.
- To be a worker you do not have to be a PAYE taxpayer.
- An injury is:
- a physical or psychological injury;
- that arises out of or in the course of employment;
- where the employment is a significant contributing factor.
- Injury also includes a disease.
- For some psychological injuries you cannot receive compensation.
- (For further information on psychological injuries - see below)
- Journey claims - If you were on your way to or from work then you are likely to be entitled to benefits.
- If you are injured on your way to or from work then you may also be entitled to receive benefits.
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PSYCHOLOGICAL AND PSYCHIATRIC INJURIES
Psychological and psychiatric disorders are excluded as injuries under the Workers' Compensation and Rehabilitation Act if they arise out of or in the course of any of the following:
- Reasonable management action taken in a reasonable way by the employer in connection with the worker’s employment,
- The worker’s expectation or perception of reasonable management action being taken against the worker
- Action by the authority or the insurer in relation to the worker’s application for compensation
For example, if your condition is caused by the way in which WorkCover has handled your claim then your injury is excluded. Also if you psychological injury is caused by a lack of promotion, demotion, disciplinary action taken against you, re deployment, retrenchment, dismissal then your application for compensation is likely to be rejected.
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RESPONSE TO YOUR APPLICATION
- A decision about an application for a physical injury must be made within 40 business days.
- A decision about an application for a psychological or psychiatric injury or an application for the death of a worker, must be made within 60 business days.
- If a decision cannot be made within this time, WorkCover must give reasons why the decision cannot be made.
- Once your claim for compensation is accepted you will be notified and a case manager will be appointed.
- You should liase with and direct all your enquires to your case manager.
- If you are not satisfied with the response or lack of a response, call us for advice.
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TYPES OF BENEFITS AVAILABLE
Weekly Benefits
Weekly payments are paid to persons who are unable to work that is workers who are determined to be totally incapacitated. The sum payable each week decreases the longer you are in receipt of compensation.
The amount of the benefit paid depends on whether you are or are not employed under an industrial instrument and whether you are employed in a special category of employment.
If you are a public service officer, officer of a government entity, or employed by a university or salaried employee in the electricity industry or employed by the chief executive of the department within which the Health Services Act 1991 is administered then you are deemed to be a contract worker and special provisions apply.
Regardless of the category of worker you fall under, the periodic decreases occur :
- after first 26 weeks
- at end of 52 weeks
- after 2 years up to a maximum of 5 years
If you are still incapacitated after 2 years and the injury is likely to result in an impairment of 15% or more then you can continue to receive benefits up to a maximum of 5 years
Payment continues until the maximum amount of compensation payable is reached ( this may occur before the 5 years expires) or the claim is otherwise ceased.
The maximum amount of weekly compensation payable is $200,000.00.
Part time and casual employees are also entitled to weekly benefits.
If your employment is not governed by an industrial instrument then you receive :
For the first 26 weeks - the greater of the amount of 85% Net Weekly Earnings (NWE) or 80% QOTE
After 26 weeks to 52 weeks - the greater of the amount of 75% NWE or 70% QOTE
After 52 weeks to 2 yrs - the greater of 65% NWE or 60% QOTE
After two years to five years - the greater of 65% NWE or 60% QOTE, or an amount equal to the single pension rate. To be eligible for weekly compensation after two years, you must have a WRI of 15% or ore.
If your employment is governed by an industrial instrument then for the first 26 weeks you receive the greater of, the amount payable under the award or 85% of NWE.
After 26 weeks to 52 weeks - the greater of 75% of NWE or 70% of QOTE.
After 52 weeks to 2 years the greater of 65% of NWE or 60% of QOTE.
From 2 years to a maximum of 5 yrs weekly benefits are paid at the greater sum of either 65% NWE or 60% of QOTE providing a 15% WRI is likely.
Special category of employment / contracts
If you are employed in a special category of employment and thus deemed to be a contract worker then you receive the greater of 85% of NWE or the amount payable under the contract of service for the first 26 weeks.
From end of 26 weeks - 75% of NWE or 70% of QOTE. From end 52 weeks to 2 yrs - the greater of 65% NWE or 60% of QOTE.
After two years and if a 15% permanent impairment is likely - the greater of 65% of NWE or 60% of QOTE to a maximum of five years.
Medical Treatment Costs
WorkCover must pay for:
- medical treatment provided by a registered person;
- nursing costs;
- medicines;
- medical or surgical supplies; and
- curative apparatus, crutches and other assistance devices.
Obtain prior approval from WorkCover before incurring these expenses.
- The amount paid must be reasonable and regard is had to a table of costs.
Prosthetic devices, including expenses associated with normal and reasonable wear and tear are covered.
- Accounts for medical treatment must be sent to WorkCover within 2 months of the expense being incurred.
- Keep receipts for all expenses incurred and submit them to WorkCover as soon as possible.
Hospital Expenses
- Private hospital expenses are paid for a maximum of 4 days.
- The treatment or procedure must be fundamental in the treatment of the injury.
- Elective treatment is paid in limited circumstances only. Prior approval must be obtained.
- Non elective hospitalisation costs can be covered for more than 4 days as long as an agreement is entered into with WorkCover before the hospitalisation commences.
- Payment of medical, hospital and other expenses cease when weekly benefits cease and medical treatment is no longer necessary because the injury is not likely to improve with further medical treatment or hospitalisation.
Travelling Expenses
- These will only be paid if WorkCover considers them reasonable and necessary for:
- Obtaining medical treatment;
- Undertaking rehabilitation;
- Attending a medical assessment tribunal;
- Undertaking examination by a registered person.
- No payment will be made if the distance travelled is less than 20 km one way.
- Exception: there is an exception. If you travel more than 150 km over 7 consecutive days then you are likely to be reimbursed your expenses they must still be considered reasonable and necessary.
- No payment will be made if you could have obtained the treatment or rehabilitation at a place nearer than the place you chose to travel to for the treatment or rehabilitation.
- There will generally be payment of ambulance costs to transport you immediately after the injury.
Rehabilitation
- WorkCover is obliged to meet your reasonable rehabilitation costs (there is an approved tables of costs).
- WorkCover must take practicable steps to return you to suitable duties.
- WorkCover can impose any reasonable conditions on the provision of rehabilitation.
For further information, see Rehabilitation
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DEPENDENCY BENEFITS AND CLAIMS
Unfortunately, deaths still occur in the workplace. Through our years of experience we are able to assist family members cope with this terribly unfortunate, tragic and financially irreversible circumstance. We can provide advice to dependants who are looking for answers in this time of grief.
Dependency claims:
- Arise in circumstances where a worker is killed.
- Benefits are paid to financial dependents of the deceased worker, or if no dependents to a spouse or next of kin.
- Funeral expenses are also paid.
- Benefits are paid to the legal representative of the deceased or the dependents or the public trustee.
- A dependent is a member of the deceased’s family who is completely or partially dependent on the deceased’s earnings at the time of death.
- A member of the deceased’s family includes the worker’s spouse, parent, grandparent, step parent, child, grandchild, stepchild, brother, sister, half brother and half sister who are totally or partially dependent on the deceased worker.
- A spouse includes a defacto partner only if the defacto partner lived with the worker on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954, being generally for either a continuous 2 year period immediately before the death or a shorter time immediately before the death; in circumstances where there is evidence of a clear intention that the relationship was a long term committed relationship.
- A child dependant does include a child born after the death.
Benefits Payable
- Members of the family who are dependant will receive $374,625.00;
- A totally dependant spouse will receive $10,000.00;
- A totally dependant spouse and child under six years - a weekly amount being 8% QOTE;
- For each child under 16 years or who is a student, - $20,000.00 per child.
- A weekly amount is also paid to each child under 16 years or student who is totally dependant on the worker - 10% of QOTE whilst the person is under 16 or is a student.
- A student is a person under 21 years who is receiving full time education at school, college, university or similar institution.
- If a worker has no dependents but is survived by a spouse, issue or next of kin (as defined by the Succession Act 1981) then the workers’ Estate will receive $37,462.00.
- If the worker is 21 years of age or younger and has a parent who ordinarily resides in the State, but no dependents the parent or parents are entitled to $22,500.00 between them. The apportionment is decided by the insurer.
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REHABILITATION
What is Rehabilitation?
- Rehabilitation is the provision of necessary aids and equipment and arranging a suitable duties program, with the purpose of ensuring your earliest possible return to work or maximising your recovery and independent functioning.
What is a suitable duties program?
- The workers’ compensation legislation stipulates that in determining a suitable duties program, regard must be had to:
- the nature of the incapacity;
- the pre injury employment;
- relevant medical information;
- the rehabilitation plan;
- the provisions of the employers workplace rehabilitation policy and procedures;
- the worker’s age, skills, education and work experience
- if the duties are available at a location;
- any other relevant matters.
- A return to work program may be available at your place of employment.
- If not, then WorkCover will try and arrange a host employer where you can undertake the suitable duties program.
- A host employer is not obliged to retain your services once the period of host employment has ceased.
Employer and Worker Obligations
- WorkCover must take reasonable and practicable steps to secure rehabilitation and an early return to suitable duties of the worker who has an entitlement to compensation.
- WorkCover is responsible for co ordinating the development and maintenance of a rehabilitation and return to work plan in consultation with the insured worker, the worker’s employer and treating registered persons.
- Rehabilitation costs will only be paid when WorkCover has accepted liability for the injury. This generally occurs once an application for compensation has been accepted.
- Payment of rehabilitation stops when the worker’s entitlement to compensation ceases.
- Rehabilitation must be provided by a registered rehabilitation provider.
Employer
- Employers who meet certain criteria prescribed by regulation must appoint a rehabilitation and return to work co ordinator and also have a rehabilitation policy.
- Rehabilitation must be of a suitable standard as prescribed by regulation.
- If the employer fails to provide rehabilitation this can lead to a fine.
Worker
- You are obliged to participate in rehabilitation as soon as is reasonably practicable after the injury is sustained and for the period of compensation.
- If you fail to participate in rehabilitation without reasonable excuse then your benefits will be suspended.
- Rehabilitation plans are generally prepared after consultation between WorkCover’s doctors/therapists and your treating doctors and therapists.
- If you are not happy with your rehabilitation plan then speak to your doctor and/or therapist and obtain their advice in relation to the program.
- If your doctor or specialist suggest that the plan be altered then discuss this with your case manager at WorkCover.
- If you are still not satisfied that the rehabilitation offered is reasonable and appropriate then you can apply to WorkCover for the appointment of a mediator to resolve this.
- Your application must be in writing and state the attempts made by you to resolve the dispute.
- There will be a fee and the mediator's fees and expenses are paid as agreed between the parties or if no agreement they are paid in equal shares.
- Should you require any assistance regarding rehabilitation matters please do not hesitate to contact us here at Quinlan Miller & Treston on 1800 851312 or (07) 3223 6400.
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WHEN BENEFITS ARE NOT PAID OR ARE CEASED
Payment of compensation ceases when:
- your incapacity to work stops; or
- you have reached maximum medical improvement; or
- weekly benefits have been received for 5 years; or
- the maximum compensation payable has been obtained; or
- a notice of assessment in respect of the injury has been issued by WorkCover and you have notified WorkCover of the decision made in relation to the offer; or
- 20 business days have passed since receiving the Notice of Assessment and offer. You must seek legal advice before making this decision. Beware the importance of this is discussed below.
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ASSESSMENT OF INJURY FOR PERMANENT IMPAIRMENT AND WRI
- WorkCover or you as the injured worker can ask for your injury to be assessed.
- The assessment is to determine if you have any permanent impairment as a result of the injury.
- This is determined when your injuries have stabilised and reached maximal medical improvement, that is, the injuries are not likely to further deteriorate significantly.
- If you have a permanent impairment then you will receive an offer of lump sum compensation.
- Beware - seek legal advice in relation to this. Is discussed below.
Who assesses the degree of permanent impairment?
- For industrial deafness - an audiologist.
- For a psychiatric or psychological injury - a medical assessment tribunal.
- For any other injury - a doctor.
How is the degree of permanent impairment determined?
- Medical specialists assess permanent impairment utilising the method expressed in the AMA Guides to Evaluation of Permanent Impairment.
- Regard is also had to Workers’ Compensation Regulations and table of injuries to determine the degree of work related impairment (WRI) for the injury.
- The assessed WRI is then used to calculate the lump sum offer.
- The WRI amount of lump sum only relates to injury from the work incident and does not include anything attributable to a pre existing injury.
- A doctor, medical assessment tribunal or audiologist must prepare a report stating the degree of permanent impairment and the matters taken into account in determining the degree of impairment.
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NOTICE OF ASSESSMENT
- Is provided once all injuries are assessed; and
- Within 10 business days of WorkCover receiving the last medical report.
- The Notice lists:
- all your injuries;
- the degree of assessed permanent impairment for each injury;
- the applicable work related impairment (WRI) for each injury;
- and the amount of lump sum offer applicable.
- The Notice is in 2 parts.
- Part A deals with the degree of permanent impairment.
- Part B deals with the lump sum offer.
Your legal rights are affected by your response to this document and you should seek our legal advice before responding to WorkCover.
In addition once you have received your Notice of Assessment you should:
- Consult your doctor and obtain his/her medical opinion on whether:
- The assessed degree of permanent impairment is representative of your injury;
- Then consider the assessed degree of permanent impairment and decide whether you agree or disagree with it.
- If the degree of impairment has been assessed by a Medical Assessment Tribunal then your only decision relates to the lump sum offer, as decisions of the Tribunal concerning impairment are final.
- If you want to disagree with the degree of impairment referred to in the notice then you must advise WorkCover that you disagree within 20 business days from when the notice is given to you.
- You can agree with the assessment of some injuries and disagree with the assessment of other injuries.
- The Notice of Assessment clearly sets out how to complete the form to inform WorkCover whether you agree or disagree with the degree of assessed permanent impairment.
- If you have disagreed with any of the assessed degrees of permanent impairment, then you will be referred for further assessment of those injuries to the Medical Assessment Tribunal. Q Comp will advise you directly of details of your appointment before the Tribunal.
- Once you have appeared before the Tribunal and it has issued its decision you will receive a further Notice of Assessment which will contain a list of your injuries, the assessed degree of permanent impairment, the degree of work related impairment and an offer of lump sum compensation.
For more information on Medical assessment Tribunals see relevant heading.
Danger - as the decisions you make in relation to this document can affect your rights to sue and because in some circumstances your solicitor may advise you to accept a lump sum offer of compensation, then you need to consult your solicitor before completing part A of the form. Your solicitor will ensure that Part A properly includes all your injuries, that the injuries are properly considered and assessed thus maximising the amount of any offer contained in Part B of the document.
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OFFERS OF LUMP SUM COMPENSATION AND ELECTION PROVISIONS
- Offers of lump sum compensation are contained in Part B of the Notice of Assessment Form.
WRI of 20% or More
- If the WRI is 20% or more then you can accept the offer and retain your right to sue for damages.
- Physical and psychological/psychiatric injury impairments cannot be added together to reach 20%. A WRI of 20% or more can be achieved if all physical injury impairments are added together and total 20%. Psychological injuries are considered separately. If the permanent impairment assessment for psychological injuries are added together and total 20%, then you have reached a WRI of 20% or more for your psychological injury.
- In some circumstances you may be able to accept the lump sum for some injuries (for example all physical injuries totalling WRI of 20% or more), but have to reject the offer for other injuries (for example, where your psychological injury impairment assessment is less than 20%).
- You must seek legal advice before completing this part of the form so you do not jeopardise your rights to sue.
WRI of less than 20%
- If your WRI is less than 20% you need to make a decision in relation to the offer. This is the election provision.
- Any decision you make is irrevocable, ie you cannot change your mind once the decision is made.
- The form clearly notes 3 options and you indicate your decision by putting a mark in the box next to your chosen option.
The options are written next to printed boxes with the words:
- Accept the offer;
- Reject the offer;
- Defer the decision.
- If you accept the offer then you are accepting the offer of lump sum compensation in finalisation of your claim and you have no right of access to bring a claim for damages against your employer. You will lose your right to sue your employer by making this decision.
- If you reject the offer then you will not receive the money referred to in the Notice of Assessment and your only ability to access any lump sum compensation will be to sue your employer, that is bring a claim for damages at common law.
- Therefore you need to be satisfied that you have a claim at common law, ie if you sue your employer you will win, and that you will receive an award of damages that is in excess of the offer contained in the Notice of Assessment. Only your solicitor can properly provide you with this advice.
- NB - These election provisions only apply if your injuries are assessed at less than 20%
- Only your lawyer can provide you with the right advice. You must seek legal advice before making the decision and marking the box. Contact us on 1800 851312 or (07) 3223 6400.
- If you are unsure what decision to make, or you are running out of time in which to make a decision and return the form to WorkCover, then mark the form in the box which indicates - defer the decision and seek legal advice.
- By deferring the decision, you can obtain the necessary legal advice and then at a later stage you can make an informed decision to accept or reject the offer.
- You must notify WorkCover of your decision by marking and returning the notice to WorkCover within 20 business days of the date of the offer. Make sure you consult a solicitor within this period so you obtain the right advice on what to do and on how to complete the form correctly.
- If you do not notify WorkCover within this time then you are deemed to have deferred the offer, but you lose your ability to have the impairments re assessed by the Medical Assessment Tribunal.
- Your compensation benefits will cease as soon as you notify WorkCover of your decision (regardless of what your decision is) or after 20 business days have passed from when you received the offer.
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EXTRA BENEFITS FOR SERIOUS AND CATASTROPHIC INJURIES
Lump Sum
- If your injuries are assessed with a work related impairment (WRI) of 50% or more additional compensation up to a maximum of $182,620.00 is payable.
- Is paid on a graduated scale prescribed by regulation.
Additional Care Payment
Entitlement to this arises if:
- You have a WRI of 15% or more; and
- You have a moderate to total level of dependency on day to day care for the fundamental activities of day to day living;
- up to an additional $226,555.00 is payable;
- is paid on a graduated scale and prescribed by regulation;
- pre conditions must be satisfied before this benefit is payable.
A worker cannot combine a physical and psychological injury to reach the WRI of 15% or 50%.
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THE WORKERS’ COMPENSATION REGULATORY AUTHORITY
- The Workers’ Compensation Regulatory Authority (the authority) was established in 2003.
- It was formerly known as Q Comp.
- Its primary function is to regulate the Workers’ Compensation scheme. It also monitors compliance with the Act, undertakes reviews of decisions, supports and oversees the efficient administration of medical assessment tribunals, provides a rehabilitation advisory service etc.
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MEDICAL ASSESSMENT TRIBUNALS (MAT)
- MAT exists to provide an independent medical review and assessment of injuries and impairments sustained by workers.
- There are 7 tribunals:
- Cardiac Assessment Tribunal;
- Orthopaedic Assessment Tribunal;
- Dermatology Assessment Tribunal;
- Ear, Nose and Throat Assessment Tribunal;
- Neurology/Neurological Assessment Tribunal;
- Ophthalmology Assessment Tribunal;
- Disfigurement Assessment Tribunal.
- Each tribunal consists of a chairperson and 2 other persons.
- Each tribunal member is a specialist.
- The tribunal makes medical decisions on matters referred to it.
- The jurisdiction of the tribunal is specified under the Act.
- One of the main functions of the MAT is to assess the degree of impairment related to an injury.
- You appear in person before the tribunal or you can be represented by a counsel, solicitor or agent.
- Generally decisions of the tribunal are final. In limited circumstances there is a right of review.
- At the tribunal hearing the chairman will state the purpose of the tribunal hearing and you will be asked to make submissions in relation to the matters the tribunal must determine. These submissions are generally made orally.
- If necessary the tribunal will also examine you.
- Within a matter of days you should be notified in writing of the tribunals decision.
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REVIEWS AND APPEALS
- Before WorkCover makes a decision to reject an application for compensation or to cease benefits, an internal review of the proposed decision must be undertaken.
- The internal review is done by a person who is in a more senior position than the original decision maker.
- Written notice of the decision is then provided to you.
What types of decisions can be reviewed.
Once you are advised by WorkCover of a decision affecting your application for compensation, then you may have the right to have this decision reviewed.
There are many types of decisions that can be reviewed and these are detailed in the Act. They include decisions made to:
- Allow or reject a claim for compensation;
- Cease or terminate benefits;
- Increase or decrease weekly compensation;
- Set a premium payable;
- Refuse, waive or reduce a penalty;
- Refuse, waive or reduce an additional premium etc.
These are a few examples only.
When does the application for review have to be lodged?
- Lodge within 3 months of
- receiving the written notice of the decision; or
- the failure to make the decision; or
- you receive reasons.
- You can ask the Authority for time to extend the time to lodge the application for review, but the request to extend must be made within the 3 month period referred to.
- The extension will only be granted if special circumstances exist.
- If you want to have a decision reviewed you should speak to one of our solicitors who can provide you with the appropriate advice and supply the necessary forms.
The Form
- The application must be in the approved form and given to the Authority.
- These can be obtained from your solicitor or the Authority (www.qcomp.com.au).
- The application must state the grounds for the review. Your solicitor will draft this for you once you provide instructions.
Where do you lodge the application for review?
- The application for review is lodged with the Authority.
- The relevant address is: 37 Ann Street, Brisbane, (cnr Ann and Wharf Streets).
- The Authority can review the decision based on the written submissions you make or you can be heard in person and appear before the Authority.
- You can be represented at your own cost before the Authority as well.
The Authority’s Decision
- The authority must review the matter and decide to:
- Confirm the decision;
- Vary the decision;
- Set aside the decision and substitute another decision;
- Set aside the decision and refer the matter back to original decision maker with the directions the authority considers appropriate.
- This decision must be made within 25 business days after receiving the application.
- You will be notified in writing of the Authorities decision within 10 business days of the Authority making the review decision.
- If a decision is not made within this time you can appeal to the Industrial Magistrates Court against the Authority’s failure to make the decision.
What to do if you are still aggrieved by the Authorities decision.
Industrial Magistrates Court Appeals
- If you are aggrieved by the Authority’s decision you can appeal this decision.
- Some decisions cannot be appealed from and these are specified under the Act.
- Your solicitor can advise you if you have right to appeal further.
Who can Appeal?
- Workers, claimants and employers.
Where is the appeal filed?
- The appeal is made to the Appeal Body, which is either the Industrial Magistrates Court or the Queensland Industrial Relations Commission.
- Your solicitor can advise you in relation to where the appeal has to be filed.
When does the appeal have to be lodged?
- The appeal must be lodged with 20 business days after you receive the review decision.
- If you did not receive reasons for the decision then you must ask for the reasons for the decision with this 20 day period. At the same time, you should also ask the respondent to extend the time in which to lodge your appeal so you have time to obtain the reasons and prepare your notice of appeal. If an extension of time in which to appeal is granted, then make sure you file the appeal within the extended time. You should consult your solicitor for advice so you do not jeopardise or extinguish your appeal rights.
How is the appeal lodged?
- The appeal is started by giving written notice of the appeal to the Industrial Magistrate or the Queensland Industrial Relations Commission.
- If the appeal is to the Industrial Magistrate then you file the appeal in the magistrate’s court nearest to the place where the appellant resides or if the appellant is an employer, carries on business.
- Alternatively it can be filed at a Magistrates Court agreed upon by the appellant and the respondent.
- If the appeal is to the Queensland Industrial Relations Commission, you file the Notice in the Industrial Registry.
- A copy of the notice of appeal must be served on the Authority or WorkCover depending on the type of decision being appealed.
- It must be served within 10 business days of filing the appeal.
- Service is effected by delivering to, posting or faxing a copy of the appeal to the Authority or WorkCover.
- Specific procedures apply once a time and lace is fixed for the hearing of the appeal. Your solicitor can attend to this for you.
- Evidence is given in writing and orally.
- Once all evidence is heard a decision is made. The Appeal Body has the power to:
- Confirm the decision;
- Vary the decision;
- Set aside the decision and substitute another decision.
- Costs can be awarded against the unsuccessful party.
- If the appeal is to the Queensland Industrial Relations Commission, the Commission can call a conference before the hearing, and the parties must attend the conference.
- You can be legally represented at the conference or at the hearing of the appeal if the parties agree or the Appeal body gives leave.
Appeal to the Industrial Court
- If the Appeal Body makes an error of law then you are entitled to file an appeal in the Queensland Industrial Court.
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OTHER SOURCES OF INCOME/BENEFITS WHILST ON WORKCOVER OR WHEN BENEFITS CEASE
- Sick leave, accrued holiday entitlements, income protection insurance policies and superannuation entitlements should be considered.
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"Another Gateway Enabling Access to Common Law Damages - Parnell v WorkCover Queensland [ 2006] QSC 303" - October 2006
"Litigation - When Does A Cause Of Action Arise?" - May 2006
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