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.

(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.

(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 .