A worker had a knee injury before commencing work with us. He has lodged a worker’s compensation claim because he has re-injured his knee and it was accepted – why?

Under the Queensland legislation an aggravation of a pre-existing condition is an acceptable claim. It is considered the employer’s duty of care to ensure that a worker’s duties do not aggravate any pre-existing condition.


Is it true that an employer can no longer request a job applicant’s worker’s compensation history?

Yes, this is true. If a particular position has certain risk factors which are likely to aggravate certain conditions e.g. repetitive process work may aggravate pre-existing occupational overuse syndrome, then the employer can ask about this injury because they have a duty of care to prevent aggravations, but they cannot ask whether the person has had a previous claim.


We have a worker who simply refuses to come back to work, even though the doctor has said she can do some of the duties at work for part of the day. Where does the employer stand?

If the worker is accessing worker ’s compensation then they have an obligation to satisfactorily participate in rehabilitation. Suitable duties which have been approved by the treating doctor are considered suitable so if in this case the insurer (WorkCover or a self-insurance unit depending on the organization) may act to suspend the worker’s entitlement to compensation until they agree to participate.


I have an injury for which I am claiming compensation but my employer does not want me to come back to work until I am fully fit. I know there are still some parts of my job that I cannot do but most of it I can do. I know I will be financially better off if I get back into work and I am going crazy at home. Does my employer have to have me back?

unless the employer demonstrates to the insurer that they have no suitable duties available then they are obliged to provide suitable duties for you under the Queensland legislation. It is in your employer’s best interest to provide you with suitable duties. If they can’t, they are still responsible for your rehabilitation and should be assisting you through the process in some other way e.g. by supporting host employment program.


As an employer what is our responsibility and liability if an injured worker develops a psychological injury during their rehabilitation from a physical injury?

If this situation were to occur and the psychological injury was deemed to be related to the initial injury it would be the employer’s liability and therefore your responsibility to put in place measures that would a) prevent this from happening in the first place, and b) assist the worker to recover from this injury.