What if an employer fails to pay the excess to the injured worker?

If an employer has not elected to insure against the excess period and fails to pay the excess to the injured worker within 10 business days of receiving notice from WorkCover Queensland that the worker’s application for compensation has been accepted, WorkCover will make the payment to the injured worker on the employer’s behalf under section 66(5) of the Workers’ Compensation and Rehabilitation Act 2003.

WorkCover may recover from the employer the amount of the excess together with a penalty equal to 50% of the excess amount as an addition to the premium payable by the employer under section 66(6) of the Workers’ Compensation and Rehabilitation Act 2003.