Registered workers receiving workers compensation

PURPOSE:

The purpose of this policy is to provide general guidelines for crediting service when QLeave is notified of a worker receiving workers compensation benefits resulting from an injury sustained whilst engaged in the contract cleaning industry.

SCOPE:

This policy refers to the provisions of s59(3)(b) and s60(3) of the Contract Cleaning Industry (Portable Long Service Leave) Act 2005(the Act) and applies to all registered workers who meet the criteria of those provisions and are receiving compensation benefits from WorkCover Queensland.

CONTEXT:

Section 59(3)(b) of the Act defines an engagement period as follows:

An engagement period, for a worker, is taken to include any day that the person who is or was a worker did not perform cleaning work because

(b) the person -

(i) sustained an injury, within the meaning of the Workers’ Compensation and Rehabilitation Act 2003, section 32 while performing work for an employer; and
(ii) the person could not perform work for the employer in the contract cleaning industry because of the injury.

Section 60 (3) states that a worker mentioned in section 59(3)(b) must be credited with service as if the worker had performed work in the contract cleaning industry from the day of injury until whichever of the following first happens ; 
(a)a period of 6 months, after the day of the injury, ends;
(b)the worker engages in employment.

Key Elements in application

In order for this policy to apply, the worker must:

  1. meet the criteria stated in 59(3)(b); and
  2. have been working in the Contract Cleaning Industry when the injury occurred; and
  3. have their claim for compensation accepted by WorkCover Queensland.


POLICY:

Subject to the above criteria being met, eligible workers being paid wages by WorkCover will be allocated service credits as follows:

  • A maximum of 6 months service can be granted from the date of the injury.
  • The Authority will apply 100% of the injured workers pre-injury wage for service processed for the period (WorkCover Queensland pays the worker 85% of the worker's "normal weekly earnings").