Workers' Comp Bill Affecting Psychological Injury Passes in QLD

A major workers’ compensation Bill in Queensland means psychologically injured workers will now only need to prove their workplace was a “significant” contributing factor in their injury, rather than a “major” cause.

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2019, which passed Queensland Parliament earlier this week, amends the definition of a psychological injury so that the work relatedness test is the same as a physical injury.

The Bill also ensures support services are made available to workers suffering from psychological injuries whilst their compensation claim is being determined.

Industrial Relations Minister Grace Grace said the amendments strengthen the government’s focus on ensuring workers get the support they need, when they need it.

“These changes will ensure Queensland’s workers’ compensation scheme continues to provide nation-leading coverage to workers at the lowest possible cost to business.”

Minister Grace said the amendments are in line with recommendations made by independent reviewer Professor David Peetz, who put Queensland’s workers’ compensation scheme under the microscope last year.

“Professor Peetz met with key stakeholders including worker and employer representative groups, legal professionals, medical and allied health associations, and insurers.”

“His review found the Queensland scheme is performing well, is stable and financially strong. Major reform wasn’t recommended, but he identified several areas that could be improved.”

The Peetz review also found that there seemed “no good reason for Queensland to be out of step with the other jurisdictions in Australia, none of which appear to require work to be ‘the major’ contributory factor.”

Another cornerstone amendment is the exemption of employer apologies from being considered in a common law claim. As Peetz noted in his review: “There are numerous positive outcomes for both workers and employers if an employer offers a sincere apology to a worker following a workplace injury. However, many employers are hesitant to apologise to workers fearing that it will be interpreted as an admission of liability.”

Other amendments include:

• requiring self-insured employers to report injuries and any payments to their insurer
• clarifying how employers can ensure their rehabilitation and return to work coordinator is appropriately qualified
• extending workers’ compensation coverage to unpaid interns

Guidance material on the changes are being developed and will be made available in the coming weeks.