If you’re on workers’ compensation in Queensland, you may be wondering what happens with accrual of your leave entitlements and your superannuation guarantee payments.
This blog explains how sick leave, annual leave, long-service leave and other entitlements are treated while you’re receiving workers’ compensation benefits, and what it means for super contributions from your employer.
The workers’ compensation scheme in Queensland
Workers’ compensation insurance (taken out by employers) ensures that workers who have sustained a work-related injury or illness are able to undergo the necessary medical and rehabilitative treatments without incurring out-of-pocket expenses, and ordinarily provides weekly payments to replace some of the wages that the worker has lost due to requiring time off work to recover.
The statutory workers’ compensation scheme in Queensland is a no-fault scheme, which means an injured worker will be entitled to receive benefits through WorkCover Queensland or a self-insurer, whether or not the injury or illness occurred as a result of the negligence of their employer.
Leave entitlements whilst receiving workers’ compensation
If a worker has been required to take time off work to recover from a work-related injury or illness, and they have an accepted workers’ compensation claim, they will ordinarily be entitled to weekly payments to compensate for their loss of wages.
It is important to be aware of how this may impact your leave entitlements if you are receiving workers’ compensation benefits.
Sick/personal leave
Under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (‘the Act’), injured workers who are receiving weekly payments continue to accrue sick leave as if they were working as normal. Injured workers are also entitled to take sick leave during the period they are receiving workers’ compensation payments.
Importantly, WorkCover or a self-insurer will often take up to 20 business days, and sometimes even longer, to determine whether a claim for workers’ compensation has been accepted or rejected. During this period, while you are awaiting acceptance of your workers’ compensation claim, you will often be required to use your sick leave for the period where you are unable to work due to your injury or illness. This can be a significant cause of stress for many workers, particularly those with minimal sick leave accrued at the time of their injury.
Thankfully, once a workers’ compensation claim has been accepted, worker’s compensation benefits are usually backdated.
In circumstances where an application for compensation is made within 20 business days of an entitlement to compensation arising, benefits will usually be reimbursed back to that date. If an application for compensation is made more than 20 business days after the entitlement to compensation arises, then benefits will usually be reimbursed to the date 20 business days before the day on which the application for workers’ compensation was made unless extenuating circumstances apply.
Annual leave
Under the Act, employees who are receiving weekly payments will continue to accrue annual leave as if they had not been injured.
Furthermore, employees are entitled to take annual leave whilst receiving workers’ compensation benefits.
Other leave entitlements
The other types of leave which may be affected by receiving workers’ compensation benefits includes:
- Long-service leave – injured workers continue to accrue long-service leave as if they were working normally whilst receiving workers’ compensation for lost wages.
- Compassionate/bereavement leave – under the National Employment Standards, employees who are receiving workers’ compensation benefits are entitled to take compassionate leave if needed.
Superannuation entitlements whilst receiving workers’ compensation
Unfortunately, injured workers will not receive their regular employer superannuation contributions for the period they are receiving workers’ compensation benefits unless it is stipulated in their specific Award or Enterprise Agreement.
This can be particularly stressful for workers who have required a long period of time off work to recover from their injury or illness and therefore missed out on a significant amount of their employer’s superannuation contributions.
However, in a workers’ compensation common law claim, these unpaid superannuation contributions are considered when calculating the loss an injured worker has suffered as a result of the work-related injury or illness.
In order to pursue a common law claim, it must be proven that the employer’s negligence caused the worker to suffer injury; for example, by failing to provide a safe environment to work. You can find out more about common law claims for a workplace injury in Queensland in our earlier article, “Common law claims after a workplace injury in Queensland”.
Get advice from a workers’ compensation lawyer
If you have an accepted workers’ compensation claim but you believe your leave entitlements are not being accurately accounted for, you should seek legal advice. Likewise, if you are eligible for common law damages related to your workplace injury/illness, it’s important to ensure any superannuation entitlements are included in any calculations.
At Hall Payne Lawyers, we are here to help you navigate the complexities of the workers’ compensation processes in Queensland. Our experienced team of personal injury lawyers can help to ensure that you receive the compensation you deserve.
Contacting Hall Payne Lawyers
You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.
Phone: 1800 659 114
Email: general@hallpayne.com.au