Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 324

324 The applicable substantive law for work injury claims

(1) If compensation is payable (whether or not it has been paid) under the statutory workers’ compensation scheme of a State in relation to an injury to a worker, the substantive law of that State is the substantive law that governs—

(a) whether or not a claim for damages in relation to the injury can be made; and

(b) if it can be made, the determination of the claim.

(2) For the purposes of this section, compensation is considered to be payable under a statutory workers’ compensation scheme of a State in relation to an injury if compensation in relation to it—

(a) would have been payable apart from a provision of the scheme that excludes the worker’s right to compensation because the injury is attributable to any conduct or failure of the worker that is specified in that provision; or

(b) would have been payable if a claim for that compensation had been properly made, and (if applicable) an election to claim that compensation (instead of damages) had been properly made.