Workers’ Compensation and Rehabilitation Act 2003

If a proceeding is brought for damages, the proceeding must be brought against the employer of the injured or deceased worker and not against WorkCover.

However, a proceeding may, and may only, be brought against WorkCover if—

the employer was an individual and can not be adequately identified, is dead or can not practically be served; or

the employer was a corporation and has been wound up; or

the employer was self-insured at the time of the event and WorkCover has since assumed the employer’s liability for the injury.

If a claim has not been settled at a compulsory conference, then despite any rule of court, the legal process that starts the proceeding must be served on the employer—

within 60 days after the day the conference was held; or

within the further period that the court orders on the claimant’s application.

If the employer is not a self-insurer, legal process that starts the proceeding must be served on WorkCover within 30 days after the employer has been served, and no step may be taken in the proceeding until WorkCover or the self-insurer has been served.

WorkCover is entitled to conduct for an employer, other than an employer who is a self-insurer, all proceedings taken to enforce the claim or to settle any matter about the claim.

An employer who is a self-insurer is entitled to conduct all proceedings taken to enforce the claim or to settle any matter about the claim.

In addition to an employer’s obligation under section 280(1), the employer, other than an employer who is a self-insurer, immediately on being required by WorkCover to do so, must execute all documents and do everything that WorkCover considers reasonably necessary to allow the proceedings to be conducted by it.

If an employer, other than an employer who is a self-insurer—

is absent from the State or, after reasonable inquiry, can not be found; or

refuses, fails or is unable to execute documents mentioned in subsection (7);