Workers Compensation in Australia - qld
Uploaded by short + black on Jul 17, 2007
Workers Compensation in Australia - qld
QUEENSLAND LAW
It is compulsory in Queensland, for employers to supply their employees with workers compensation schemes. Although the employer may not be at fault, the employee is still entitled for compensation if they had received their injury while at work. Employees, who make a claim to get compensation, aren’t necessarily hurt physically. Some are discriminated against, due to their gender, marital status and some are unfairly dismissed from their jobs, leaving them devastated and jobless. Without workers compensation, employees who have been injured would be expected to have found the money to support themselves as well as their family and make up for any of the loss wages, due to them not being able to work. Worker's Compensation is set up to protect employees financially; there are no costs associated to the employee for worker's compensation, but rather the employer.
EMPLOYER PROTECTION
Not only are there laws to protect employees, but there are also laws to protect an employer and their rights and responsibilities. Laws are placed to protect employers on how much and employee can gain from an injury caused while they are at work. This law was established for most employment by State Workers Compensation Statutes.
STATUTORY AND COMMON LAW CLAIMS
In Queensland, injured employees may take two paths in gaining compensation for their injuries. These include statutory and common law claims. A statutory benefit is used to compensate an employee if they have suffered from an injury at work, although it may have not been the employers fault. Compensation covers include hospital expenses, medical expenses, and a loss of wage due to them not being able to work or a straight out payment of compensation to cover the damages. For those employees who suffer from injuries or illness due to their employers being at fault, they are able to make a common law claim. These employees may sue their employers for negligence. Common law compensation includes pain and suffering and legal costs as well as hospital and medical expenses. Employees are able to lodge a common law claim, for up to three years from the day of the incident. After the claim has been put forward, it would take approximately 12 months for the matter to be resolved.
ESTABLISHMENT OF WORKCOVER: QUEENSLAND
Workers Compensation Board of Queensland was replaced in 1996 by a division of a government department with an independent statutory body now known...