Queensland Consolidated Acts

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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 109

109 Who must pay compensation

(1) If an employer is a self-insurer, the employer must pay the compensation.

(2) Otherwise, WorkCover must pay the compensation.

(3) An employer who is not a self-insurer can not pay a worker an amount, either in compensation or instead of compensation, that is payable by WorkCover under the Act for an injury sustained by the worker.

(4) However, an employer who is not a self-insurer may pay a worker an amount, either in compensation or instead of compensation, that is payable by WorkCover under the Act for an injury sustained by the worker if—

(a) the worker has made an application for compensation under section 132; and
(b) the employer has complied with section 133A.

(5) Subsection (4) applies only until WorkCover has allowed a claimant's application for compensation under section 134.

(6) Subsections (2) and (3) are subject to section 66.



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