The Personal Injuries Proceedings and Other Legislation Amendment Act 2022 (QLD) has a number of important implications for personal injuries proceedings, motor vehicle accident claims, and workers compensation claims in Queensland.
Costs for speculative personal injuries claims
Sections 346 and 347 of the Legal Profession Act 2007 (QLD) are amended to provide that certain items, including interest and credit facility fees, are included as legal costs rather than disbursements for the purpose of the maximum payment permissible for the conduct of a speculative personal injury claim. Counsel’s fees are generally excluded from these items, if counsel’s services are provided after the notice of claim is given, or urgent proceedings are commenced.
Section 347(8) defines the relevant additional items, which can include any disbursements prescribed by regulation.
Workers’ compensation – terminal condition claims
The Amending Act reinstates a time frame in s 39A of the Workers’ Compensation and Rehabilitation Act 2003 which defines a terminal condition for the purpose of a worker’s compensation claim. For injuries from 1 July 2022 a terminal condition of a worker is one that a doctor certifies is expected to terminate the worker’s life within five years after the diagnosis. The insurer still needs to accept the doctor’s diagnosis, otherwise, there will be a dispute over whether the condition is terminal or not.
Claim farming prohibited
The Act amends both the Personal Injuries Proceedings Act 2002 and the Workers’ Compensation and Rehabilitation Act 2003 to prevent claim farming.
Claim farming is where a third party approaches potential clients to pressure them into making a compensation claim for personal injuries. Claim farmers sell the clients’ information to a legal practitioner, or claims management service provider, to bring the claim.
The Act introduces a requirement for practitioners acting in personal injuries and workers’ compensation matters to certify to claimants and respondents or insurers, at various stages of claims, that claim farming has not occurred. A breach is a criminal offence. These provisions effectively already exist for claims under the Motor Accident Insurance Act 1994. The commencement of these provisions, and the approved form for Law Practice Certificates, await proclamation.
Publication updates
Relevant amendments have been made to the commentaries in the By Lawyers Queensland Personal Injuries, Motor Vehicle Accident Claims and Workers’ Compensation publications.