The Terminal condition entitlements section of the By Lawyers Workers Compensation QLD publication has been enhanced.

A link to a helpful new resource from Worksafe on Terminal condition lump sum compensation eligibility will assist practitioners to quickly access information required to advise their clients on their workers compensation rights and entitlements.

If a worker has a terminal condition, as defined in s 39A of the Workers Compensation and Rehabilitation Act 2003 (QLD), they are entitled to lump sum benefits as set out in s 128B of the Act.

Terminal conditions, for the purpose of entitlements under the Act, are work-related illnesses or injuries likely to result in the death of the worker in the short term. This is generally within two or three years, but up to five years from diagnosis. They must be incurable. Medical certification is required.

Although common law damages claims are available for workers with a terminal condition, entitlements if paid promptly, may be of more practical and immediate benefit to some clients. The new resource from Worksafe is intended to assist not only workers in understanding their rights, but insurers in making timely and consistent assessments and medical practitioners in understanding questions asked of them when writing assessment reports.

See the By Lawyers Workers Compensation (QLD) publication for more information and guidance on making claims for injured workers. The By Lawyers District Court – Civil – Acting for the Plaintiff guide will also be of assistance to practitioners in bringing common law damages claims for injured workers.