Once your injuries are considered “stable and stationary,” WorkCover (or a self-insurer) will arrange an Independent Medical Examination (IME). After the IME you will receive a Notice of Assessment (NOA).
Your Options
You should always seek legal advice from a personal injury lawyer before making an election in relation to the NOA and the offer of lump sum compensation.
After receiving a NOA from WorkCover Queensland, you have several options depending on your situation:
- Accept the Assessment: If you agree with the assessment, you can accept it. This will finalise your claim and determine your entitlements. Accepting the assessment will almost always preclude you from making any further claim in relation to your injuries.
- Request a Review: If you disagree with the assessment, you can request a review. This involves providing additional information or evidence to support your case.
- Appeal the Decision: If you are not satisfied with the review outcome, you can appeal to the Queensland Industrial Relations Commission (QIRC) within a specific timeframe.
- Seek Legal Advice: Consulting with a lawyer or a legal advisor experienced in workers’ compensation can help you understand your options and the implications of the assessment.
You must make the election within 20 business days of receiving the NOA. If the 20-day time limit lapses, you may still have options including acceptance of the offer or pursuing a common law claim.
What is a Common Law Claim
In Queensland, a common law claim in workers’ compensation allows an injured worker to seek compensation for damages that exceed the benefits provided under the statutory workers’ compensation scheme. This type of claim typically applies when the injury was caused by the negligence of the employer or another party.
Key points about common law claims in Queensland include:
- Eligibility: To be eligible, you usually need to have sustained a serious injury that meets specific thresholds.
- Time Limits: There are strict time limits for filing a common law claim, typically three years from the date of the injury or from when you became aware of the injury.
- Types of Compensation: Common law claims can cover a range of damages, including loss of income, future medical expenses, pain and suffering, and other related costs.
- Legal Representation: It is strongly advised that you seek legal representation to navigate the complexities of common law claims, as they can be more complicated than standard workers’ compensation claims.
If you’re considering pursuing a common law claim, it may be beneficial to consult with a legal professional who specialises in workers’ compensation.
0% Impairment Rating?
If your independent medical examination and subsequent NOA indicate that your injury has a 0% impairment rating, you won’t qualify for a lump sum compensation from WorkCover. However, you may still have the option to file a common law claim for damages against your employer.
It’s important to note that a 0% assessment from WorkCover doesn’t negate the possibility of having a significant or serious injury that could entitle you to substantial damages. It’s entirely feasible to successfully pursue a claim, even with a permanent impairment score of 0%.
If you decide to go forward with a common law claim, you have the right to be re-assessed by a medical expert of your choice. A skilled personal injury lawyer can recommend a suitable doctor who can provide a more favourable evaluation. We often arrange these reassessments, which may lead to an increase in your impairment rating.
Make the call today and secure the compensation you deserve: 1300 302 318
