What Should I do if WorkCover Closes My Workers’ Compensation Case?
WorkCover will cease all benefits and payments once it has been determined that you have received all appropriate treatment for the work-related injury and that your injury has stabilised. In the case of a closed WorkCover case, you may be left feeling a little hard done by.
It is quite common that WorkCover will determine that any ongoing need for treatment or inability to work relates to a pre-existing injury or non-work-related condition – even though there is no history of any symptoms prior to the subject work event. This can make for a frustrating situation where you are unable to work, but you are no longer provided for by WorkCover. But do you have any further say in the matter?
Can a Workers’ Compensation Claim be Reopened?
Yes! It is possible to request a review of WorkCover’s decision to cease benefits and payments. However, there are also some careful considerations and time restraints that you need to be aware of when reopening your workers’ compensation claim.
How You Can Reopen a Workers’ Compensation Claim
An Application for Review must be lodged within 3 months of receiving WorkCover’s written decision. If the advice of the decision was made by telephone, a request for written reasons for the decision must be made within 20 days of being advised of the decision. This should then be provided to you, so you can move forward with your request for reopening.
WorkCover may arrange for an injured worker to be assessed for permanent impairment and make an offer of lump sum compensation. In this case, you will need to comply with their assessment request to proceed. Once you have received an offer from WorkCover, you may want to consider your options and entitlements with our help!
Next Steps in your Workers’ Compensation Claim
It is important that you obtain legal advice before deciding whether to accept WorkCover’s offer.
Many injured workers are entitled to additional lump sum payments by pursuing a common law claim. A common law payout is usually significantly more than the first offer that WorkCover will make at the time that the initial claim is closed.
You can use our Free Case Review process to obtain FREE legal advice about what to do after your WorkCover claim has been closed.
Contact us on 1300 302 318 or info@gclaw.com.au and talk to a GC Lawyer now.
