WorkCover Queensland has recently reviewed its right to recover compensation claim costs pursuant to s.207B and s.207A of the Workers’ Compensation and Rehabilitation Act 2003 (the ‘Act’)
WorkCover is able to recover compensation paid to a worker under s.207B of the Act and has the right to recover report fees incurred in managing claims under s.207A of the Act from the insurer.
When a claim is settled by a worker who has received compensation from WorkCover and the details of WorkCover’s charge is requested, the insurer will be notified of the two separate components WorkCover is entitled to recover. They are:
- compensation paid for the worker’s injury (weekly compensation, treatment and rehabilitation costs) which is recoverable from the worker by WorkCover under s.207B of the Act;
- report fees incurred by WorkCover in managing the claim, which are recoverable under s.207A of the Act.
The second component is payable directly by the insurer to WorkCover as a debt under s.207A. Therefore, these costs should not be allowed in the settlement of the worker’s claim to ensure the insurer does not pay the costs twice.
WorkCover will not seek to retrospectively recover past costs. WorkCover will however apply this approach to all claims that settle on or after 1 February 2022. The date of settlement will be determined by the date the last party signs any relevant deed of discharge.