Worker rights and responsibilities

Workers who make an application for compensation are required by the Workers’ Compensation and Rehabilitation Act 2003 to cooperate with WorkCover Queensland, their employer and their doctors during the application and rehabilitation process. This can reduce the time taken by WorkCover to assess an application and helps workers to receive appropriate medical treatment and rehabilitation as soon as possible.

To ensure an application is managed efficiently, workers should:

• complete and sign all necessary forms
• let WorkCover know if their condition or treatment changes
• keep their Workers’ Compensation Medical Certificates up to date. Workers can only receive workers’ compensation benefits if WorkCover has a copy of their current Workers’ Compensation Medical Certificate.

Under the Workers’ Compensation and Rehabilitation Act 2003, people who are either claiming for, or receiving compensation benefits from WorkCover, must ensure that:

• all information provided to WorkCover is true and not misleading (e.g. a worker must inform WorkCover if they are receiving Centrelink payments)
• they participate in rehabilitation programs, except where there is a reasonable excuse for not doing so
• they tell WorkCover if they are returning to work of any kind (or to engage in a calling). This includes self-employment or working for another person, and applies whether or not the person is paid for performing the activity.

Penalties may apply if people do not comply with these requirements. WorkCover may suspend a worker’s compensation benefits or prosecute them for an offence under the Workers’ Compensation and Rehabilitation Act 2003 if these responsibilities are not fulfilled. Penalties do not apply to people who satisfactorily participate in rehabilitation or provide a reasonable excuse for not participating.

For more information about worker rights and responsibilities, please phone WorkCover on 1300 362 128.