1.

A number of changes are being proposed to workers' compensation arrangements in Queensland that will affect all employers and employees. These changes are being sought by WorkCover due to its deteriorating financial position.

WorkCover's deteriorating financial position has been put down to three key factors:

  • Two consecutive years of negative investment returns due to the global financial crisis;
  • Growth in net claims expenditure due to the increasing number of common law claims compared to statutory claims;
  • Income not keeping pace with net claims growth, with premiums maintained at an average premium rate of approximately $1.15 per $100 of wages paid.

To improve the situation, the WorkCover Board has put forward a number of recommendations to the Minister for Industrial Relations.

  • Progressive increases over time in the average premium rate;
  • Introducing a common law threshold of 10% or 15% whole person impairment (WPI) while at the same time extending common law coverage to host employers and principle contractors who have a WorkCover policy;
  • Increasing statutory lump sums and improving rehabilitation and return to work processes;
  • Reducing the step down in weekly benefits between weeks 14 to 26 from 85% of normal weekly earnings to 80% or the federal minimum wage (FMW), and increasing step down benefits between 14 weeks and 5 years from 75% to 80% of normal weekly earnings or the FMW.

The Department of Justice and Attorney-General (DJAG) is currently consulting with industry on these options. The results of this survey will be forwarded to the Minister for Industrial Relations.

Please note CCIQ places upmost importance on your privacy and will not disclose any personal details submitted in this survey.

Question Title

* 1. How many employees are employed at your organisation?

Question Title

* 3. Do you support WorkCover improving their financial position through:

  Strongly Support Support Neutral Oppose Strongly Oppose
Progressively increasing premiums over time
Finding savings by achieving efficiencies within WorkCover's cost structures
Reducing the step down in weekly benefits ie from 85% to 80% of normal weekly earnings or the federal minimum wage
Introducing a common law threshold to reduce the number of claims, subsequently reducing claims expenditure
Removing access to journey claims (for incidents that occur to and from work)
Reduce the maximum lump sum payment for statutory claims (currently $244,710)
Increasing the excess paid by employers for statutory claims
Removing the premium discount received for early payment
Introducing a late premium payment penalty fee
Higher premiums for employers with a high number of claims
Improving management of WorkCover's investment portfolio
Less propensity for WorkCover to settle Common Law claims
Increased focus on improving employer WHS procedures, therefore reducing claims

Question Title

* 4. Do you support the following changes to common law?

  Strongly Support Support Neutral Oppose Strongly Oppose
Cap on the amount of damages that can be awarded
The introduction of a threshold, such as a 10 or 15% Whole Person Impairment (WPI) threshold, to access common law
Restrictions on the types of damages that an injured worker can receive
Extending common law coverage to host employers/principal contractors to cover injuries to workers employed by labour hire firms and contractors
Allow claims only where employment was the major significant contributing factor to the injury
Allow courts to award costs against plaintiffs (those who initiate the lawsuit) whose claims are dismissed
Increase the ability of employers’ to defend a common law claim
Increase the lump sum maximum payment under statutory law from $244,710 to $300,000
No access to common law

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