Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016

Overview

This bill creates a lifetime no-fault scheme for Queensland workers who suffer catastrophic injuries at work, such as spinal cord injury, major brain injury, severe burns or loss of limbs. It guarantees them ongoing treatment, care and support regardless of who caused the accident, starting from 1 July 2016. The bill also reforms self-insurance rules, blocks injury costs being shifted onto subcontractors, and protects compensation payments from dropping when wages fall.

Who it affects

Workers who sustain catastrophic injuries at work gain a lifetime entitlement to treatment, care and support. Employers pay for it through workers' compensation premiums; subcontractors and labour hire employers are protected from carrying costs that belong to their principals.

Key changes

• Workers with serious injuries like spinal cord damage, major brain injury, double amputation, severe burns or permanent blindness get lifetime treatment, care and support regardless of fault
• Eligible workers can choose between a lump sum damages payment or ongoing scheme payments where their employer was at fault
• Workers' compensation payments can no longer go down if average Queensland earnings fall — they stay the same at minimum
• Contracts that shift injury costs from principals onto subcontractors and labour hire firms' insurance are banned, reversing the 2014 Byrne court decision
• Self-insurers get more flexibility: no $5 million minimum security, and insurance-company financial guarantees are accepted alongside bank guarantees
• The Workers' Compensation Regulator is now clearly responsible for fraud prosecutions, and insurers must refer suspected fraud without delay