Will my employer have to pay for my workers' compensation claim or my claim for Common Law Damages for my work injury?
A lot of workers are concerned that when they make a claim for workers' compensation or Common Law Damages for a work injury, their employer will have to pay for their claim.
This is actually not the case as Workcover Queensland is the insurer for employers in work injury claims in Queensland.
As such, it is actually Workcover Queensland who handles these claims and meets any payments to be made in response to them.
When is an employer a 'self-insurer'?
There are however some very limited cases in Queensland where an employer is what we call a "self-insurer".
This is where an employer has established its own workers' compensation scheme and meets any payments to injured workers they are obligated to pay under the Workers' Compensation & Rehabilitation Act 2003, itself.
These self insurers have the same obligations in respect to workers' compensation claims and Common Law Damages claims for work injury as Workcover Queensland.
What types of employers are 'self insurers'?
There are only a handful of self-insurers in Queensland and they are restricted to the larger corporations operating in Queensland (e.g. Woolworths, The Toll Group, Arnotts etc).
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If you have been injured as a result of any vehicle such as car, bike or boat accident, or whilst at work, on holiday, or in many other situations you believe was caused by someone else's wrongful act or negligence, you may be entitled to compensation.
Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing but be quick as strict time limits apply to claims for most injury compensation in Queensland.
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