Interstate Workers: Which State’s Compensation Applies?
In this jurisdictional episode of P.I. Case Note, we analyze the Queensland Industrial Relations Commission decision in Waterhouse v Workers’ Compensation Regulator [2024] QIRC 115, which examines the complex question of determining the “state of employment” under section 113 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld). This case is crucial for workers who perform duties across state borders.
The commission’s analysis provides essential guidance on which state’s workers’ compensation scheme applies when workers are injured while working interstate. This decision highlights the importance of understanding where employment is “principally” located, which determines not just which insurer responds but also which state’s benefits and compensation limits apply. The judgment demonstrates that this isn’t simply about where an injury occurs, but requires careful analysis of employment contracts, work patterns, and the substantive connection between the worker and each state.
Listen for our comprehensive breakdown of interstate workers’ compensation coverage. If you’ve been injured while working across state borders, determining the correct jurisdiction is crucial, as benefits vary significantly between states. Contact accident legal for a free consultation—we understand these complex jurisdictional issues and can ensure you claim under the most favourable scheme.