Further to earlier posts the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Act 2016 (Qld) received assent on 8 September 2016, without the s.10 Byrne amendment. Although, note the new s.236B in relation to contribution in such circumstances.
An indemnity clause cannot be enforced against the insurer of the employer where:
- a worker makes a common law claim against their employer;
- the indemnity extends beyond that which the employer had a legal liability for; and
- the insurer of the worker (usually WorkCover Qld) seeks contribution against the other party.
There is a partial retrospective operation – claims before 31 August 2016, which have not settled or been to trial are still caught.
The NIIS amendments introduce compensation payments for lifetime treatment, care and support for those workers who are catastrophically injured at their workplace. It does not include ‘journey’ claims.
David Cormack – Brisbane Barrister & Mediator