Work out the Queensland insurer's charge on third-party damages
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the compensation payment history and the damages claim against a person other than an indemnified employer, table the compensation paid by head and date, and the damages sought or agreed by head. Mark the amount that would be a first charge under s 207B if the lawyer says that section applies. Keep report fees under s 207A in a separate line. Do not settle the repayable sum.
- What the lawyer must review
- Decide whether s 207B applies, including that the damages are not ones the employer is indemnified against.
- A settlement below the charge needs the insurer's written consent.
- Report fees under s 207A are a debt of the other insurer, not a deduction the worker funds twice.
- Advise the worker of the net outcome before settlement.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. WorkCover Queensland or a self-insurer, where damages are claimed independently of the Act
Produce. A charge table by head, with report fees kept separate, for the lawyer's settlement advice.
Have ready. Compensation payment history; Damages claimed or the proposed settlement, by head; Whether the employer is indemnified under the Act for those damages; Any chapter 4A treatment, care and support payments.
Example of the limit. Illustrative example: Weekly payments and hospital accounts total a stated sum, and the other insurer also paid report fees. The table puts the first sum under s 207B and the report fees under s 207A. It does not deduct both from the worker.
Stop and hand it back when
- It is unclear whether the employer is indemnified for the damages.
- The proposed settlement is less than the charge and consent is not recorded.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the compensation payment history and the damages claim against a person other than an indemnified employer, table the compensation paid by head and date, and the damages sought or agreed by head. Mark the amount that would be a first charge under s 207B if the lawyer says that section applies. Keep report fees under s 207A in a separate line. Do not settle the repayable sum. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Separate weekly compensation, treatment and rehabilitation from report fees.
- Check s 207B(1): compensation entitlement, an independent liability to pay damages, and damages the employer is not indemnified against.
- Check s 207B(6) before a settlement figure below the charge is treated as agreed.
- Do not apply the charge to damages the employer is indemnified against under the Act.
Sources
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 207B · 2026-10-23
- WorkCover Queensland: recovery of compensation and report fees · 2026-10-23
WorkCover's policy, applied to claims settling on or after 1 February 2022, recovers compensation paid under s 207B from the worker's damages, and recovers report fees under s 207A directly from the other insurer.
Section 207B(3) limits the charge on chapter 4A compensation to cases where the damages include treatment, care and support damages.
Health, wage and benefit records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).