Workers injured between the aforementioned dates who were not assessed as having a 6% degree of Permanent Impairment were precluded from pursuing a Common Law Claim subsequent to their Workers Compensation Claim for weekly benefits and medical expenses being concluded.
Prior to amendments made to the Workers Compensation and Rehabilitation Act 2003 which commenced on 15 October 2013, any injured worker could pursue a Common Law Claim. The worker had to make an election between accepting a lump sum determined by a table of injuries or proceeding with a Common Law Claim.
In deciding whether to pursue a Common Law Claim, the worker had to consider:-
- Whether they could establish negligence on the part of the employer/ system of work;
- The likely quantum of their claim; and
- The fact that no legal fees were recoverable with respect to pre-court procedures which were likely to run into $30,000.00 to $40,000.00.
As and from 31 January 2015, the law has changed back to the situation that it was prior to 15 October 2013.
Those workers that were injured between 15 October 2013 and 31 January 2015 may be entitled to the following payments pursuant to Regulation 2 of Schedule 4A:-
Subject to their not having accepted or rejected an offer of lump sum compensation from their workers compensation insurer [Section 193A(2)] and the insurer being satisfied, on the balance of probabilities, that the worker’s employer was, or would have been, liable to pay damages to the worker [Regulation 112D].
In addition, the Workers Compensation and Rehabilitation Act Regulations 2014 provide for payment of legal fees up to $1,700.00 for lawyers engaged to assist workers in establishing the qualifying criteria.
The Regulations further provide a system for appealing decisions. The decisions must be appealed within 20 business days.
If you were injured between 15 October 2013 and 31 January 2015 and have not been assessed for permanent impairment or have not accepted a lump sum offer from WorkCover Queensland and/ or your employers compensation insurer and you wish to pursue a claim for payment under Section 193A of the Workers Compensation and Rehabilitation Act 2003 our office who has solicitors who can assist.