QLDIn ForceAct
Workers' Compensation and Rehabilitation Act 2003
sec.232ZDAdditional payments if treatment, care and support damages insufficient
Start here
Get a plain-English read of sec.232ZD
Turn the raw legal text into a practical explanation grounded in Workers' Compensation and Rehabilitation Act 2003.
### sec.232ZD Additional payments if treatment, care and support damages insufficient
This section applies if—
the worker accepted treatment, care and support damages awarded for the worker’s injury within the acceptance period; and
the period, of at least 5 years, prescribed by regulation has passed since the worker accepted the awarded treatment, care and support damages; and
the worker considers the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the injury.
The worker may apply to the insurer for treatment, care and support payments for the injury.
The insurer may accept liability to make treatment, care and support payments to the worker if the insurer is satisfied the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury.
In deciding whether to accept liability to make treatment, care and support payments to the worker, the insurer must have regard to the matters prescribed by regulation.
The insurer must decide to accept or not accept liability to make treatment, care and support payments to the worker within 20 business days after the application is made.
The insurer must give the worker written notice of the insurer’s decision.
In this section, a reference to the amount of awarded treatment, care and support damages includes the amount of treatment, care and support payments paid under section 232ZC (2) until the damages were accepted by the worker.
If the insurer accepts liability to make treatment, care and support payments for the worker’s injury under this section—
the worker is entitled to treatment, care and support payments for treatment, care or support resulting from the injury provided during the period—
starting on the day the insurer decides to accept the liability; and
ending when the first of the following happens—
the worker dies;
the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and
parts 3 and 6 apply to the worker’s entitlement to treatment, care and support payments, and for that purpose—
the worker is an eligible worker; and
the worker’s eligibility period is the period mentioned in paragraph (a) .
s 232ZD ins 2016 No. 44 s 30
(sec.232ZD-ssec.1) This section applies if— the worker accepted treatment, care and support damages awarded for the worker’s injury within the acceptance period; and the period, of at least 5 years, prescribed by regulation has passed since the worker accepted the awarded treatment, care and support damages; and the worker considers the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the injury.
(sec.232ZD-ssec.2) The worker may apply to the insurer for treatment, care and support payments for the injury.
(sec.232ZD-ssec.3) The insurer may accept liability to make treatment, care and support payments to the worker if the insurer is satisfied the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the worker’s serious personal injury.
(sec.232ZD-ssec.4) In deciding whether to accept liability to make treatment, care and support payments to the worker, the insurer must have regard to the matters prescribed by regulation.
(sec.232ZD-ssec.5) The insurer must decide to accept or not accept liability to make treatment, care and support payments to the worker within 20 business days after the application is made.
(sec.232ZD-ssec.6) The insurer must give the worker written notice of the insurer’s decision.
(sec.232ZD-ssec.7) In this section, a reference to the amount of awarded treatment, care and support damages includes the amount of treatment, care and support payments paid under section 232ZC (2) until the damages were accepted by the worker.
(sec.232ZD-ssec.8) If the insurer accepts liability to make treatment, care and support payments for the worker’s injury under this section— the worker is entitled to treatment, care and support payments for treatment, care or support resulting from the injury provided during the period— starting on the day the insurer decides to accept the liability; and ending when the first of the following happens— the worker dies; the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and parts 3 and 6 apply to the worker’s entitlement to treatment, care and support payments, and for that purpose— the worker is an eligible worker; and the worker’s eligibility period is the period mentioned in paragraph (a) .
- (a) the worker accepted treatment, care and support damages awarded for the worker’s injury within the acceptance period; and
- (b) the period, of at least 5 years, prescribed by regulation has passed since the worker accepted the awarded treatment, care and support damages; and
- (c) the worker considers the amount of awarded treatment, care and support damages is not sufficient to meet the worker’s necessary and reasonable treatment, care and support needs resulting from the injury.
- (a) the worker is entitled to treatment, care and support payments for treatment, care or support resulting from the injury provided during the period— (i) starting on the day the insurer decides to accept the liability; and (ii) ending when the first of the following happens— (A) the worker dies; (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and
- (i) starting on the day the insurer decides to accept the liability; and
- (ii) ending when the first of the following happens— (A) the worker dies; (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and
- (A) the worker dies;
- (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and
- (b) parts 3 and 6 apply to the worker’s entitlement to treatment, care and support payments, and for that purpose— (i) the worker is an eligible worker; and (ii) the worker’s eligibility period is the period mentioned in paragraph (a) .
- (i) the worker is an eligible worker; and
- (ii) the worker’s eligibility period is the period mentioned in paragraph (a) .
- (i) starting on the day the insurer decides to accept the liability; and
- (ii) ending when the first of the following happens— (A) the worker dies; (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and
- (A) the worker dies;
- (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and
- (A) the worker dies;
- (B) the worker’s entitlement to treatment, care and support payments ends under another provision of this Act; and
- (i) the worker is an eligible worker; and
- (ii) the worker’s eligibility period is the period mentioned in paragraph (a) .