Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 189

189 Worker’s decision about lump sum compensation—DPI less than 20% or no DPI

(1) This section applies if—

(a) the worker—

(i) has—

(A) a psychiatric or psychological injury from an event that results in a DPI of the worker of less than 20%; or

(B) another injury from an event that results in a DPI of the worker of less than 20%; and

(ii) has an entitlement to lump sum compensation; or

(b) the worker has an injury that does not result in any DPI of the worker.

(2) The insurer must also, when giving the notice of assessment—

(a) give the worker a copy of sections 10 , 237 (3) , 239 , 240 and 316 ; and

(b) advise the worker that the worker must make an irrevocable election as to whether the worker—

(i) accepts the offer of payment of lump sum compensation; or

(ii) seeks damages for the injury; and

(c) without limiting paragraphs (a) and (b) , if the injury is pneumoconiosis—

(i) give the worker a copy of part 3 , division 5 and division 5 of this part; and

(ii) advise the worker that, if the worker seeks damages for the injury, the worker may, despite section 239 , be entitled to further lump sum compensation under those provisions for the injury.

(3) The worker may accept, reject or defer a decision about the offer by giving the insurer written notice within the decision period.

(4) The worker is taken to have deferred the decision if, within the decision period, the worker does not advise the insurer that the offer is accepted or rejected.

(5) If the worker accepts the offer, the insurer must pay the worker the amount of lump sum compensation.

(6) If the worker fails to give the insurer notice of the worker’s election before the worker seeks damages for the injury, the worker is taken to have rejected lump sum compensation for the injury.

(7) For subsection (6) , the worker is taken to seek damages for the injury when the worker lodges a notice of claim under chapter 5 .