By Bill Mason BRISBANE -- Workers who fight for bigger lump-sum payments under the Queensland government's new workers compensation scheme may have to pay the legal costs of both sides. Union and legal bodies said on November 3 that the scheme made court action a high-risk gamble and a deterrent to the pursuit of compensation claims. Under the provisions injured workers with less than 20% incapacity, who have to choose between a lump sum and legal action, would pay the board's legal costs if the court awarded a sum less than the board's offer. If the court award exceed the amount the worker claimed, the board would pay all the costs. However, if the award was between the two amounts, each would pay their own costs. Previously, the payment of costs was determined by the court under the rules of the Supreme Court. The ACTU and the Queensland Law Society have vowed to monitor the new legal costs provisions over the next year.
This article was posted on the
Green Left Weekly Home
Page.
For further details regarding subscriptions and
correspondence please contact glw@greenleft.org.au