Workers Compensation Insurer’s need to up their game – 2023 Review Finds

The Workers Compensation and Rehabilitation and Other Legislation Amendment Act 2024 (Qld) has recently been passed in light of the 2023 Review into the operation of the Queensland Worker’s Compensation scheme. 

The new amendments seek to address deficiencies in the actions of workers compensation Insurers through expanding and reinforcing existing legislative requirements to  improve the process for injured workers and improve rehabilitation outcomes to improve employee’s ability to make full recoveries and return to work. 

Rehabilitation Funding Lacking 

The 2023 Review has determined that Worker’s Compensation Insurers are not doing enough when it comes to the rehabilitation and treatment of injured workers on the scheme.  

Timely and proper rehabilitation is critical to an injured worker making a recovery and attempting to return to work.  Work-related injuries regularly require the intervention of medical professionals, including doctors, surgeons and allied health professionals such as physiotherapists and exercise physiologists. 

Despite the pre-existing legislative obligations on Insurers, the 2023 Review has found that Insurers make ‘insufficient enquiries’ in confirming and supporting the rehabilitation process and return to work efforts. 

The Key Changes 

Changing Rehabilitation Providers – Under the new changes, an injured worker on the scheme is entitled to change their rehabilitation providers at their discretion and the insurer must accommodate such a request. Insurers are precluded from making any interference with the injured workers choice of rehabilitation providers and doctors. 

Return to Work Changes – The new changes mean insurers must make decisions around returning an injured worker to suitable duties with greater scrutiny, particularly in circumstances where the employer is not practically able to provide a suitable duties alternative; in which case, an Insurer must make enquiries into why the employer is not able to provide a practical suitable duties alternative. 

While in suitable duties, a host employer who has been supplied with a labour hire worker must make an effort to support the rehabilitation and obligations around returning to work of the injured worker; for instance, providing a more appropriate suitable duties role. 

Workers’ Compensation Insurer 

The recent changes highlight the previous deficiencies in the workers’ compensation Insurer’s behaviour around providing effective rehabilitation funding and suitable return to work programs. It has been widely accepted that access to rehabilitation and supportive workplace accommodation provide great assistance to an injured worker in their efforts to return to work. 

Injured workers already face a vulnerable time in their lives and yet continually face difficulties and gaining ongoing rehabilitation treatment. The changes, effective as of 23 August 2024, seek to provide a new outline and reminder to Insurers to act in the spirit of the workers compensation scheme, that being, assisting those injured at work to make a full recovery and steadily return to work. 

Dealing with Workers Compensation Insurers 

Despite the legislative guidelines, many injured workers struggle to deal with workers compensation Insurers and find the process incredibly difficult and stressful.  

If this is you, engaging a personal injury lawyer is the most effective option when it comes to dealing with entities like WorkCover Queensland. Your personal injury lawyer can ensure compliance with the legislative guidelines, advise you of the proper process and speak to WorkCover on your behalf. Having an advocate when on workers compensation is crucial to understanding all of your rights and entitlements. 

If you have any queries regarding the article, please contact via Free Claim Checker or email us.