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ARTICLE · 03 MARCH 2010

Workers Compensation and Rehabilitation Act - requirements for an application under Gateway 237

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The exceptions to Section 237 of the Workers Compensation and Rehabilitation Act 2003. The section prevents an individual from seeking common law damages against an employer they meet certain criteria.

AustraliaLitigation, Mediation & Arbitration
Tony Park
Tony Park
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Jacobs v Woolworths Limited [2010] QSC 24 Jones J

Section 237 of the Workers Compensation and Rehabilitation Act 2003 (and its predecessor) has been the subject of much scrutiny over the years, and for good reason. This so called "gateway" section prevents an individual from seeking common law damages against an employer unless they fall within certain nominated exceptions. One of these exceptions is where an application for no fault compensation has not previously been lodged.

Ms Jacobs sought damages for a right shoulder injury sustained during the course of her employment with Woolworths. Woolworths, a self insurer under the Act, rejected her notice of claim for damages on the basis that she had previously lodged an application for no fault compensation which it had rejected as being out of time.

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