{"id":105,"date":"2015-09-10T00:23:00","date_gmt":"2015-09-10T00:23:00","guid":{"rendered":"http:\/\/dev2.e-cbd.com\/abkj\/articles\/?p=105"},"modified":"2024-12-11T12:41:39","modified_gmt":"2024-12-11T02:41:39","slug":"workcover-in-queensland","status":"publish","type":"post","link":"https:\/\/www.abkj.com.au\/articles\/workcover-in-queensland\/","title":{"rendered":"Workcover In Queensland – A Body Corporate Focus"},"content":{"rendered":"

OVERVIEW OF WORKCOVER SCHEME<\/h2>\n

The Workers’ Compensation and Rehabilitation Act 2003<\/em><\/a> (Qld) (\u201cWorkcover Act<\/em><\/strong>\u201d) establishes a workers’ compensation scheme for Queensland, the purpose of which is to provide benefits to workers in respect of workplace injuries or fatalities and to encourage improved health and safety performance by employers.<\/p>\n

The main provisions of the scheme provide the following for injuries sustained by workers in their employment:<\/p>\n

(a) compensation;
\n(b) regulation of access to damages;
\n(c) employers’ liability for compensation;
\n(d) employers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy<\/a> or under a licence as a self-insurer<\/a>;
\n(e) management of compensation claims by insurers;
\n(f) injury management, emphasising the rehabilitation of workers particularly for return to work<\/a>;
\n(g) procedures for assessment of injuries by appropriately qualified persons or by independent medical assessment tribunals;
\n(h) rights of review of, an appeal against, decisions made by Workcover;
\n(i) establishment of WorkCover to provide insurance; and
\n(j) establishment of the Workers’ Compensation Regulator to regulate the workers’ compensation scheme.<\/p>\n

WHEN IS AN EMPLOYER LIABLE FOR COMPENSATION?<\/h2>\n

An employer<\/em><\/strong> is legally liable for compensation for an injury<\/em><\/strong> sustained by a worker<\/em><\/strong> employed by the employer (s 46(1) Workcover Act).<\/p>\n

Who is an employer?<\/h3>\n

An employer is a person who engages a worker to perform work (s 30(1) Workcover Act).<\/p>\n

What is an injury?<\/h3>\n

An injury is a personal injury arising out of, or in the course of, employment if (for an injury other than a psychiatric or psychological disorder) the employment is a significant contributing factor to the injury OR (for a psychiatric or psychological disorder) the employment is the major significant contributing factor to the injury (s 32(1) Workcover Act).<\/p>\n

What is a worker?<\/h3>\n

A worker is (s 11 Workcover Act):<\/p>\n

An individual person<\/em><\/strong> who (a) works under a contract AND (b) in relation to the work, is an employee for the purpose of assessment for PAYG withholding under the Taxation Administration Act 1953<\/em> (Cth) (\u201cTAA<\/em><\/strong>\u201d)(s 11(1) Workcover Act).<\/p>\n

TAA:<\/em><\/strong> An entity must withhold an amount from salary, wages, commission, bonuses or allowances it pays to an individual as an employee (whether of that or another entity) (s 12-35, Sch 1 TAA). \u201cEmployee\u201d is not defined by the TAA. Whether a person is an employee of another is a question of fact to be determined by examining the terms and circumstances of the contract between them having regard to the key indicators expressed in the relevant case law. No one indicator of itself is determinative \u2013 the totality of the relationship must be considered (Taxation Ruling TR 2005\/16).<\/p>\n

Relevant Factors:<\/h3>\n