Receiving a WorkCover Notice of Assessment – Queensland

If you’re an injured Queensland worker with an accepted workers’ compensation claim and you receive a Notice of Assessment, it is important to understand your rights and entitlements associated with that notice.

In this article, we will explore the following:

1. What is a workers’ compensation Notice of Assessment?
2. When will I receive a Notice of Assessment?
3. Your options after receiving a notice of assessment;
4. Your right to a common law claim;

What is a workers’ compensation Notice of Assessment?

A Notice of Assessment is a formal document issued by WorkCover Queensland or your employer’s self-insurer. It outlines the lump sum compensation available to an injured worker due to permanent impairment.

When will I receive a Notice of Assessment?

In order to be eligible to receive a Notice of Assessment, your injuries must first reach what is referred to as maximum medical improvement and be considered stable and stationary.

The terms ‘maximum medical improvement and ‘stable and stationary’ refer to the point at which an injured worker’s condition has stabilised to the extent that no further significant improvement is expected, even with ongoing medical treatment.

To determine whether your injuries are stable and stationary, WorkCover or your employer’s self-insurer will arrange for your injuries to be assessed by an appropriately qualified medical specialist. If the specialist finds your injuries are stable and stationary, unless you have sustained a psychological injury, the specialist will provide you with a percentage rating for your permanent impairment referred to as a degree of permanent impairment.

If you have sustained a psychological injury and your condition is assessed to be stable and stationary, you will be referred to a panel of three independent specialists referred to as the Medical Assessment Tribunal to assess your injury for a degree of permanent impairment.

It is important to understand that you may request a degree of permanent impairment assessment if WorkCover or your employer’s self-insurer has not arranged one.

Your options upon receiving a Notice of Assessment

The Notice of Assessment contains several important elements:

• Details of the accepted workplace injury or injuries you have sustained;
• The degree of permanent impairment, which is displayed as a percentage (%), as assessed by an independent medical specialist (for physical injuries) or the Medical Assessment Tribunal (for psychological injuries);
• If you receive a degree of permanent impairment of 1% or greater, there will be an offer of lump sum compensation; and
• Information about your rights and options.

Upon receiving your Notice of Assessment, you will need to consider and decide on one of the following options:

1. Challenge the degree/percentage of permanent impairment

As long as your injuries have not been assessed by the Medical Assessment Tribunal, you may, within twenty (20) business days of receiving your Notice of Assessment, elect to disagree with the degree of permanent impairment and request to be re-assessed by:

1. a doctor as agreed by yourself and WorkCover; or
2. the Medical Assessment Tribunal.

There are three possible outcomes of requesting to be re-assessed for degree of permanent impairment. They include being assessed at:

1. a higher degree of permanent impairment;
2. the same degree of permanent impairment; or
3. a lesser degree of permanent impairment.

It is important to understand that if you disagree with your Notice of Assessment, you will not be able to accept the first Notice of Assessment at a later date.

2. Accept/reject the Notice of Assessment

If you agree with the degree of permanent impairment, or you have not responded to the Notice of Assessment within 20 business days, you will be taken to have agreed with the degree of permanent impairment.

As outlined above, if your degree of permanent impairment is assessed at 1% or higher, there will be an offer of lump sum compensation within the Notice of Assessment. However, unless you receive a degree of permanent impairment of 20% or higher, you will need to make an irrevocable election to either:

• Accept the Notice of Assessment: If you accept the lump sum offer within the Notice of Assessment, you will lose any entitlement to pursue a ‘common law claim’ against your employer (see below); or
• Reject the Notice of Assessment: If you reject the lump sum offer within your Notice of Assessment, you will be unable to accept the Notice of Assessment in the future.
• Defer the Notice of Assessment: If you do not respond to your Notice of Assessment within 20 business days, while you lose entitlement to disagree with the degree of permanent impairment, your Notice of Assessment will be what is referred to as ‘deferred’, meaning that the Notice of Assessment will remain available for you in the future.

If you receive a degree of permanent impairment of 20% or greater for an injury, you may elect to accept the Notice of Assessment and still maintain your entitlement to pursue a common law claim (see below). When assessing if your degree of permanent impairment is 20% or greater, it is important to understand that physical and psychological injuries are assessed separately, and the degree of permanent impairment percentages are not combined. For example, having a degree of permanent impairment of 10% for physical injuries and 10% for psychiatric injuries does not equal a total of 20%.

To understand your full rights and entitlements to lump sum compensation before responding to the Notice of Assessment, we recommend that you seek legal advice upon receiving a Notice of Assessment.

Your right to a common law claim

Common law claims for work-related injuries typically arise when an employer has failed to provide a safe working environment which results in an injury to an employee. These claims allow injured workers to seek further compensation (by way of damages) if it can be substantiated that their employer’s negligence caused or materially contributed to their injury.

GET ADVICE FROM A WORKERS' COMPENSATION LAWYER:  1800 659 114

When assessing whether an employer’s negligence caused a worker’s injuries, some relevant considerations include:

• were there unsafe work practices that caused or contributed to the injury?
• was proper training provided?
• was appropriate safety equipment available?
• were the injuries caused by another employee’s negligence?

If it can be established that your employer’s negligence caused your injuries, you may have an entitlement to claim the following compensation:

• general damages for pain and suffering you have and may continue to experience;
• loss of income and superannuation entitlements you have incurred and may continue to incur into the future;
• medical, hospital and other treatment expenses you have incurred and/or may continue to incur into the future;

If you have received a Notice of Assessment and you are unsure if it is a reasonable offer or if you may also be entitled to common law damages, you should seek legal advice from an experienced workers’ compensation lawyer prior to making a decision. Remember, if you accept the Notice of Assessment and your injuries are assessed at less than 20%, you will lose your right to seek common law damages against your employer.

How Hall Payne Lawyers can help

Our experienced workers' compensation team can:

• Review your Notice of Assessment;
• Explain your options in clear terms;
• Advise on the best path forward;
• Guide you through the entire process;
• Protect your legal rights.

Get help from a workers’ compensation lawyer

If you've received a Queensland workers’ compensation Notice of Assessment, don't make any decisions before getting expert legal advice. We offer flexible consultation options, including in-person meetings, phone discussions, and video calls.

Contact Hall Payne Lawyers today to ensure you make informed decisions about your Notice of Assessment and secure the compensation you deserve.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au

Find this article useful or interesting?

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