The WorkCover Queensland Act 1996 is the sole avenue for PAYE employees to claim damages against employers for work-related injuries. There is no residual common law right to claim damages where the employment connection falls below the statutory threshold of being 'the major significant factor causing the injury' under s 34(1). An employee who cannot obtain a damages certificate under s 265 cannot pursue any damages claim against the employer, whether under the Act or at common law. The question of whether different tests of causation should apply in contract and tort for personal injury claims was left open.
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