Workers' Compensation Obligations for Employers in Queensland

Due to the recent change to the Workers’ Compensation and Rehabilitation Act 2003 (WCRA), it is important for Employers to know their obligations. Under this legislation, injured workers generally have six (6) months from the date of injury, or twenty (20) business days after receiving a medical assessment of incapacity, to lodge their claim.

Once an employer becomes aware of a workplace injury, either through direct knowledge or a report from the worker or insurer, they are required to submit a formal report to WorkCover within eight (8) business days. Failing to meet this deadline is considered an offence under the WCRA.

When an injured worker receives medical clearance to return to work, the employer must collaborate with WorkCover to create a return-to-work program. This includes supporting or providing rehabilitation and developing a suitable duties plan for the worker. If the employer finds it impracticable to implement such a plan, they are required to submit written evidence to WorkCover explaining the reasons. Non-compliance with these rehabilitation requirements can result in penalties, which may include paying WorkCover the compensation paid to the worker during the period of non-compliance.

Moreover, employers are prohibited from dismissing an injured worker solely due to their incapacity within twelve (12) months of the injury. If a temporary replacement worker is employed during the injured worker’s absence, the employer must provide written notice to the replacement, informing them that their position is temporary and that the injured worker retains the right to return to their job.

For further information or questions relating to this topic, please contact the MPAQ Advisory Team on 07 3273 0800.