The latest industry insights into compensation law.

Important amendment to definition of “terminal condition” in workers’ compensation claims

We have previously provided an overview of various recent amendments to the legislation that governs work related injuriesin Queensland.

A further important change is the re-wording of the definition of a “terminal condition” which now applies to all workers’ compensation claims in Queensland.

Historically, for a Queensland worker to satisfy the definition of a “terminal condition” it was a requirement for the condition to be certified by a doctor as being likely to terminate the worker’s life within 2 years.

However, the definition was amended to remove this 2 year threshold.  The amended definition now reads:

“A terminal condition, of a worker, is a condition certified by a doctor as being a condition that is expected to terminate the worker’s life”.

The amended definition removes the 2 year threshold and does not replace it with any other time based threshold at all (ie. 3 years or 5 years).

This amendment has potentially opened the door to many more injured Queenslanders being able to access significant lump sum compensation if they can show a work related injury or condition is expected to terminate their life.

We believe this has been an important and overdue change as we act for many Queensland workers who are technically suffering from a condition that is expected to terminate their life who did not previously qualify for this lump sum payment due to the 2 year threshold.

Since the amendment, we have successfully applied to WorkCover Queensland in numerous matters for clients suffering from silicosis, progressive massive fibrosis, asbestosis, mesothelioma, melanoma, lung cancer and various other work related conditions.

We have also been successful in appealing and overturning various decisions from WorkCover Queensland to decline the terminal lump sum payment for injured workers.

If you have been diagnosed with a work related injury or condition expected to terminate your life, it is important you seek legal advice from an experienced and reputable practitioner.

vbr Workers’ Compensation Lawyers Gold Coast are highly specialised in workers’ compensation claims and can assist with ensuring your rights and entitlements are protected, including any potential statutory terminal lump sum and common law entitlements.

Charlton is an Associate at our Gold Coast office and holds degrees in Business and Law from Griffith University.
Senior Associate
Zach has represented many clients throughout Queensland, interstate and overseas and has successfully negotiated many significant and complex cases and has extensive experience in various types of compensation claims.

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Your state has been updated to QLD. Practice areas on compensation law have been updated.