WorkCover reforms reflect Society advocacy

The WorkCover reforms announced by the State Government this week are in line with the recommendations made by the Queensland Law Society, President Peter Eardley said.

Mr Eardley said almost all of the suggestions made in a comprehensive submission prepared by the Society’s Accident Compensation/Tort Law Section were adopted by the Government for the final draft of its reform package.

“I would like to thank the many members who responded to the invitation to contribute their suggestions to our submission,” Mr Eardley said. “This outcome demonstrates how the Queensland legal profession can work together, through the Society, to advocate and to influence the state’s legislative framework.”

He said the Society had advocated strongly against the introduction of thresholds on an injured worker’s access to common law claims for compensation.

“The decision not to introduce thresholds or other restrictions is good news for the thousands of practitioners involved in personal injuries litigation across Queensland,” he said.

“Harmonising arrangements with the Civil Liability Act 2003 was preferable to the introduction of thresholds as it provides a simple platform that lets every participant know where they stand in terms of liability, contributory negligence and damages.”

“And increasing the onus of proof in proving employer fault is a sensible change that simply brings this law closer to the law of common sense.”

Mr Eardley said the Queensland Law Society had advocated for a scheme that was sustainable through the transparent application of good prudential practice, and one that fairly rehabilitated and compensated workers injured as a result of their employment.

A ministerial statement detailing the changes is available from the Queensland Cabinet website.