Queensland Consolidated Acts

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Employer’s liability for excess period

66 Employer’s liability for excess period

(1) This section applies to—
(a) an employer who has, or is required to have, accident insurance; and
(b) a worker, other than a household worker employed by the employer, who sustains an injury for which compensation is payable.
(2) The employer must pay the worker an amount equal to the weekly payment of compensation that, if this section did not apply, would be payable to the worker by the insurer for the excess period.
(3) The insurer is not required to pay the compensation to the worker, subject to subsection (5) .
(4) If the worker is employed by more than 1 employer when the worker sustains an injury, the amount under subsection (2)
(a) must be paid by the employer in whose employment the injury was sustained; and
(b) is the amount that relates to the amount payable to the worker under a contract with that employer.
(5) If the employer fails to pay the amount to the worker within 10 business days after receiving notice from the insurer that the worker’s application for compensation has been allowed, the insurer must make the payment to the worker on the employer’s behalf.
(6) WorkCover may recover from the employer the amount of a payment made by it under subsection (5) together with a penalty equal to 50% of the payment—
(a) as a debt under section 580 ; or
(b) as an addition to a premium payable by the employer.
(7) The employer may apply in writing to WorkCover to waive or reduce the penalty because of extenuating circumstances.
(8) The application must specify the extenuating circumstances and the reasons the penalty should be waived or reduced in the particular case.
(9) WorkCover must consider the application and may—
(a) waive or reduce the penalty; or
(b) refuse to waive or reduce the penalty.
(10) If the employer is dissatisfied with WorkCover’s decision, the employer may have the decision reviewed under chapter 13 .
(11) This section does not limit section 50 .
(12) In this section—

"household worker" means a person employed solely in and about, or in connection with, a private dwelling house or the grounds of the dwelling house.

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