Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 236A

236A Application of ch 5 to specified volunteer firefighter

(1) This chapter applies to a specified volunteer firefighter who—

(a) is covered by a contract entered into with WorkCover for chapter 1 , part 4 , division 3 , subdivision 1 ; and

(b) sustains an injury that is a specified disease; and

(c) is entitled to seek damages.

(2) For applying this chapter to the specified volunteer firefighter—

(a) the firefighter is taken to be a worker; and

(b) the activity covered by the contract mentioned in subsection (1) (a) is taken to be the firefighter’s employment; and

(c) the party with whom WorkCover entered the contract is taken to be the firefighter’s employer; and

(d) an amount paid to the firefighter under the contract as compensation is taken to be compensation paid to the firefighter under chapter 3 ; and

(e) a document given, or a thing done, under the contract in relation to the payment of compensation to the firefighter is, to the extent chapter 3 provides for an equivalent document or thing, taken to have been given or done under chapter 3 .

Examples for subsection (2)(e)—

• a notice of assessment given to the firefighter

• an election made by the firefighter to seek damages

• the acceptance by the firefighter of an offer of lump sum compensation

• an assessment of the injury to decide if the injury has resulted in a DPI