Employer rights and responsibilities

Under workers' compendation legislation both workers and employers have a number of rights and responsibilities during the claims process.

Rights

During the claims process employers have the right to:

• have certain WorkCover Queensland decisions reviewed by Q-COMP
• dispute a claim (however, disputing claims unnecessarily can cause delays in decision making, which can impact your claim costs).

Employers do not have the right to pay claims costs. The Workers’ Compensation and Rehabilitation Act 2003 states that WorkCover Queensland must pay all claims costs, including medical expenses.

Responsibilities

During the claims process employers must:

• notify WorkCover Queensland immediately about a workplace injury
• pay the injured worker’s wages for the day of the injury (this must not come out of a worker’s sick leave, holiday leave, or any other entitlements)
• pay the employer excess if the claim is accepted (if applicable)
• notify WorkCover Queensland about any suitable duties program or reduced hours program organised for the worker
• take every reasonable step to help with a worker’s rehabilitation while they are receiving compensation benefits.