It’s official, the government has now passed the law restoring workers’ rights to common law damages for injuries suffered to Queensland workers post 31 January 2015 who did not beat the previous 5% whole person impairment threshold.
This means that an injured worker assessed by a WorkCover doctor with a less than 5% whole person impairment, now has the option to pursue a common law claim, if their injury was caused by the fault of their employer.
Further, for workers injured pre 31 January 2015, who have not accepted an offer of lump sum compensation from WorkCover, there now exists a system whereby they can apply to WorkCover for a lump sum three times the amount of the original offer, if it can be demonstrated that the employer had been negligent. Anyone falling into this category should seek legal advice immediately.
The repeal of the old laws will make a huge difference to workers injured in Queensland, and to their families.