Workers' compensation reforms to commence 1 July

Reforms to the Queensland workers' compensation system, proposed by the Attorney-General in the Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2010, were passed by the Queensland Parliament on 9 June 2010 and will begin on 1 July 2010.

This legislation imports civil liability and assessment of damages components (including assessment of general damages by injury scale value) in the Civil Liability Act 2003 into the Workers' Compensation and Rehabilitation Act 2003. The legislation also introduces some new provisions dealing with costs as well as new processes for written final offers.

The legislation also retrospectively from 8 August 2008, abolishes any right to bring a civil cause of action, founded on a breach of the Workplace Health and Safety Act 1995, unless a trial in proceedings has commenced prior to 1 July 2010.

WorkCover’s approach to claims impacted by the Bourk amendment

WorkCover understands that workers may need to reconsider whether they pursue their claims given the amendment to the Workplace Health and Safety Act 1995 to insert the new section 37A.

If a worker’s claim is impacted by this amendment they can choose from one of two options:

1. Workers can pursue their claim.
   WorkCover will allow reasonable time to comply with any legislative timeframes (eg. conferences, pleadings). Contact the WCQ claims person or panel solicitor to discuss steps and timeframes.
2. Workers can withdraw their claim.
   To take into account legal fees and outlays incurred to date, WorkCover will pay up to:
   i. $10,000 ex gratia for pre-proceedings claims
   ii. $20,000 ex gratia for litigated claims
   WorkCover requires a copy of the costs agreement and details of WIP and outlays. Workers must sign a discharge.

Workers must make their decision by 31 August 2010. Please contact Julien Fraccaro on 3006 6868 if you have any questions or if your client has decided to withdraw their claim on this basis.