Under the workers' compensation and rehabilitation legislation
As an employer (excluding self insurers)
As a worker, volunteer, student etc
As a self insurer
As an employer (excluding self insurers)
Employers:
- Have a legal liability for compensation of injuries sustained by workers or others defined under Chapter 2, Part 1 of the Workers’ Compensation and Rehabilitation Act 2003 (PDF, 1.6 MB).
- Must be insured to the specifications of the Act against the liability of compensation and damages either under a WorkCover policy or as a self-insurer. Insurance requirements and penalties defined under Chapter 2, Part 2 of the Act.
- Have a duty to report to WorkCover:
- where a worker sustains an injury for which compensation may be payable; or
- where a worker asks the the employer for compensation for an injury sustained by the worker; or
- where the employer pays an amount for an injury sustained by a worker.
- Have an obligation to provide rehabilitation to a worker who has sustained an injury for the period for which the worker is entitled to compensation.
Generally, as stated under section 109 of the Act, employers do not pay compensation directly to workers, payments are made by WorkCover Queensland.
To fully understand your rights and obligations you must be familiar with the Workers’ Compensation and Rehabilitation Act 2003 (PDF, 1.6 MB) and the Workers’ Compensation and Rehabilitation Regulation 2003 (PDF, 692 KB).
WorkCover Queensland provides more information for employers (non-Queensland Government link) including types of insurance, the claims process and factsheets.
As a worker, volunteer, student etc
Chapter 1, Division 2 and 3 of the Workers’ Compensation and Rehabilitation Act 2003 (PDF, 1.6 MB) defines who is a worker and which other persons are entitled to compensation under the Act, including:
- volunteers
- persons performing community service
- students
- eligible persons
- other persons
Generally, workers are entitled to:
- compensation for injuries or aggravation of injuries
- travelling, medical and hospitalisation expenses related to an injury for which compensation is payable
- rehabilitation
- access to damages
Other entitled persons defined within the Act have specific entitlements outlined under Chapter 1, Division 2 and 3 of the Act.
Under Section 232 of the Act, workers must satisfactorily participate in rehabilitation. Failure or refusal to do so without reasonable excuse can result in a suspension of compensation entitlements.
Where a work-related injury results in a permanent impairment the worker may be entitled to lump-sum compensation.
WorkCover Queensland provides more information on lump-sum compensation (non-Queensland Government link).
Where an injury results in the death of a worker, dependants may be entitled to claim for compensation and damages.
More information on these entitlements.
To fully understand your rights and obligations you must be familiar with the Workers’ Compensation and Rehabilitation Act 2003 (PDF, 1.6 MB) and the Workers’ Compensation and Rehabilitation Regulation 2003 (PDF, 692 KB).
WorkCover Queensland provides more information for workers (non-Queensland Government link) including the claims process and factsheets.
As a self insurer
Self insurers:
- Have all of the liabilities that WorkCover Queensland would have for injuries sustained by their workers
- Have certain functions and powers of WorkCover (refer to Section 92 of the Act) covering:
- Compensation
- Injury management (rehabilitation)
- Access to damages
More information on the self insurance system is available from Q-COMP (non-Queensland Government link).
More information on the audit standards for self insurance.
Last updated August 1, 2006