An employee has submitted a WorkCover claim that I suspect is false. What do I do?

Under the Workers Compensation & Rehabilitation Act 2003 (Qld) ('WCR Act'), it is an offence to provide information that is false or misleading.

If there is evidence that one of your workers has committed an offence under the WCR Act, their claim may not be accepted.  In the event the claim has already been accepted and evidence of fraud is later discovered, the worker's payments may be discontinued and the payments they have already received be demanded back.

Furthermore, prosecution against the worker who has committed the offence may be pursued and they may face penalties including fines, restitution and/or imprisonment.  If a court finds that an offence was in fact committed, the worker may lose the right to receive further benefits and lose the right to bring a common law action.

If you believe your worker has acted suspiciously, improperly or fraudulently, you should take action immediately and report the matter to the relevant body.

For more information on this topic, please contact Jonathon Hadley or Lydia Daly.