In this episode of P.I. Case Note, Michelle Wright examines the Industrial Court of Queensland’s decision in Wang v Juicy Love Pty Ltd as Trustee trading as Wicked Campers [2025] ICQ 025, which demonstrates the critical procedural requirements for workers compensation reinstatement after injury dismissal applications under sections 232A-232F of the Workers’ Compensation and Rehabilitation Act 2003 (Qld). The case involved Mr Wang, who was injured when hit by a car while allegedly walking home from work in August 2019, was terminated six months later in March 2020, and whose reinstatement application failed on multiple grounds—including never having made the required preliminary application to his employer for reinstatement before seeking a court order.
The Court’s comprehensive analysis reveals the strict procedural pathway for workers’ compensation reinstatement after injury dismissal claims and the fatal consequences of non-compliance. Section 232B prohibits employers from dismissing workers within 12 months after injury solely or mainly because they are not fit for employment due to that injury. However, to obtain court-ordered workers compensation reinstatement after injury dismissal, workers must first: satisfy the definition of “injured worker” under section 232A (meaning compensation must be payable for the injury); apply to their employer for reinstatement under section 232D within 12 months after the injury; accompany that application with a doctor’s certificate certifying fitness for their former position; and only if the employer fails to immediately reinstate can they then apply to the QIRC for a reinstatement order. Mr Wang failed on every element: his compensation claim had been rejected by the Regulator (meaning he wasn’t an “injured worker” despite having suffered an injury); he never made the required preliminary application to Juicy Love for reinstatement; the only medical evidence showed he was unfit for work; and the evidence didn’t establish his dismissal was solely or mainly due to incapacity, with Juicy Love providing uncontradicted evidence of business impacts from bushfires and COVID-19 that led to multiple staff terminations. The Court noted that even if Mr Wang succeeded on all appeal grounds, his failure to make the section 232D application to his employer meant the Commission’s power under section 232E was never triggered—his claim was “over before it began.”
Listen for Michelle Wright’s detailed analysis of this important decision on workers compensation reinstatement after injury dismissal and the critical procedural steps. If you’ve been dismissed after a workplace injury and are considering seeking workers compensation reinstatement after injury dismissal, the experienced team at accident legal understands the strict procedural requirements and tight timeframes involved. As Queensland’s trusted personal injury lawyers, we know you must: lodge your compensation claim immediately (not after dismissal); obtain medical evidence of fitness for your former position; make a formal written application to your employer for reinstatement within 12 months of injury; and only then, if refused, apply to the QIRC for a reinstatement order. Contact us for a free consultation on (07) 3740 0200, we’ll guide you through every procedural step to preserve your reinstatement rights and avoid the fatal errors that doomed Mr Wang’s claim.