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The Queensland Treasurer, Curtis Pitt, on 15 July 2015 introduced into Queensland Parliament the Workers' Compensation & Rehabilitation and Other Legislation Amendment Bill 2015 (Qld) (the Bill). The Bill makes a number of amendments to the Workers' Compensation & Rehabilitation Act 2003 (Qld) (WC&RA), the most significant of which is clause 6 which will see the removal from the WC&RA of the requirement for a worker's injury to have an assessed degree of permanent impairment (DPI) of more than 5% in order for a worker to be entitled to bring a common law claim against their employer. The amendment is proposed to be back dated to commence on 31 January 2015 (the date the Qld state election was held).
Clause 33 of the Bill provides that workers whose injuries were sustained between 15 October 2013 and 31 January 2015 when the more than 5% DPI threshold applied and who have not accepted or rejected an offer of statutory lump sum compensation from WorkCover, will be entitled to additional lump sum compensation above what they previously would have received.
The removal of the more than 5% DPI threshold will result in significantly more WorkCover common law claims. The Explanatory Notes to the Bill advise that the removal of the more than 5% DPI threshold can be achieved without any increase in the average premium rate of $1.20 per $100.00 wages paid and although WorkCover's current reserves will reduce the solvency target of 120% will be maintained.
Attached are links to the Bill and the Explanatory Notes to the Bill.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
