Policy direction by WorkCover for claims affected by the ‘Bourk amendment’

I refer you to the following policy direction by WorkCover Queensland in respect of the amendment to Workplace Health and Safety Act 1995:

WorkCover understands that workers may need to reconsider whether they pursue their claims given the amendment to the Workplace Health and Safety Act 1995 to insert the new section 37A.

If a worker’s claim is impacted by this amendment they can choose from one of two options:

Workers can pursue their claim.

WorkCover will allow reasonable time to comply with any legislative timeframes (eg. conferences, pleadings). Contact the WCQ claims person or panel solicitor to discuss steps and timeframes.

Workers can withdraw their claim.

To take into account legal fees and outlays incurred to date,

WorkCover will pay up to:

i. $10,000 ex gratia for pre-proceedings claims

ii. $20,000 ex gratia for litigated claims

WorkCover requires a copy of the costs agreement and details of WIP and outlays. Workers must sign a discharge.

Workers must make their decision by 31 August 2010. Please contact Julien Fraccaro on 3006 6868 if you have any questions or if your client has decided to withdraw their claim on this basis.


Brisbane Barrister – David Cormack

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