Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 109

109 Who must pay compensation

(1) If an employer is a self-insurer, the employer must pay the compensation.

(2) Otherwise, WorkCover must pay the compensation.

(3) An employer who is not a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by WorkCover for an injury sustained by the worker.

Penalty—

Maximum penalty—300 penalty units.

(4) An employer who is a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer for an injury sustained by the worker.

Penalty—

Maximum penalty—300 penalty units.

(5) However, an employer may pay a worker an amount, either in compensation or instead of compensation, that is payable under the Act by the employer as a self-insurer or WorkCover for an injury sustained by the worker if—

(a) the worker has made an application for compensation under section 132 ; and

(b) the employer has complied with section 133A .

(6) Subsection (5) applies only until the insurer has allowed a claimant’s application for compensation under section 134 .

(7) Subsections (2) and (3) are subject to section 66 .