QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.130Injuries caused by misconduct
Start here
Get a plain-English read of sec.130
Turn the raw legal text into a practical explanation grounded in Workers' Compensation and Rehabilitation Act 2003.
### sec.130 Injuries caused by misconduct
Compensation is payable for an injury sustained by a worker that is caused by the worker’s serious and wilful misconduct only if—
the injury results in death; or
the insurer considers that the injury could result in a DPI of 50% or more.
See, however, section 232H in relation to compensation payable under chapter 4A .
However, compensation is not payable if the injury could result in a DPI of 50% or more arising from—
a psychiatric or psychological injury; or
combining a psychiatric or psychological injury and another injury.
If the insurer and the worker can not agree that the worker’s injury could result in a DPI of 50% or more—
the degree of permanent impairment that could be sustained by the worker may be decided only by a medical assessment tribunal; and
the insurer must refer the question of the degree of permanent impairment to a tribunal for decision.
s 130 amd 2013 No. 52 s 8 (retro); 2016 No. 44 s 16
(sec.130-ssec.1) Compensation is payable for an injury sustained by a worker that is caused by the worker’s serious and wilful misconduct only if— the injury results in death; or the insurer considers that the injury could result in a DPI of 50% or more. See, however, section 232H in relation to compensation payable under chapter 4A .
(sec.130-ssec.2) However, compensation is not payable if the injury could result in a DPI of 50% or more arising from— a psychiatric or psychological injury; or combining a psychiatric or psychological injury and another injury.
(sec.130-ssec.3) If the insurer and the worker can not agree that the worker’s injury could result in a DPI of 50% or more— the degree of permanent impairment that could be sustained by the worker may be decided only by a medical assessment tribunal; and the insurer must refer the question of the degree of permanent impairment to a tribunal for decision.
- (a) the injury results in death; or
- (b) the insurer considers that the injury could result in a DPI of 50% or more.
- (a) a psychiatric or psychological injury; or
- (b) combining a psychiatric or psychological injury and another injury.
- (a) the degree of permanent impairment that could be sustained by the worker may be decided only by a medical assessment tribunal; and
- (b) the insurer must refer the question of the degree of permanent impairment to a tribunal for decision.