Workcover Application for Compensation and Notice of Assessment
6 minute read
Many of us may not have contemplated being injured at work. Yet the reality is, thousands of Australians find themselves dealing with the aftermath of such life-changing events every year.
If you are receiving workers’ compensation benefits following your injuries, these benefits can be stopped once your injuries become “stable and stationary,” which means your injury is unlikely to worsen or improve. At this stage, WorkCover may issue you with a Notice of Assessment.
What is a Notice of Assessment?
A notice of assessment (NOA) is a document that details the injuries that you have suffered at your workplace, and the degree of permanent impairment and may include a monetary offer called a Statutory Lump Sum Offer.
What to do when you get a Notice of Assessment?
It is paramount that you do not accept the Notice of Assessment Lump Sum Offer without first seeking legal advice. Accepting the lump sum amount may mean you are no longer entitled to claim damages at common law. This is not in your best interest as the damages at common law are much higher and are more likely to properly compensate for the injuries you have suffered.
Accessing legal advice could help you to decide whether you should:
Accept the Lump Sum offer; or
Reject the offer and sue for damages at common law;
If the wrong decision is made, you can receive an amount much lower than you are entitled to.
What do I do if I receive a Notice of Assessment lump sum compensation offer?
The Notice of Assessment document you receive following your impairment assessment with a doctor may contain a lump sum offer of compensation. It’s important you do not accept the Notice of Assessment lump sum offer without first seeking expert legal advice for your specific situation. Signing the document can have serious repercussions on your ability to make a claim so seek legal help at the first opportunity following your work injury
What is involved in making a claim for WorkCover compensation?
There are strict regulations that govern your ability to make a claim for workers compensation in Queensland.
If you have suffered an injury at work or because of work, there are two types of claims:
Statutory claims (no fault)
Common law claims (fault typically established and employee seeks common law action through courts)
Your ability to make a claim under statutory or common law claims depends on the facts of your case. No two claims are the same, so it’s best to seek legal help from a lawyer so they can advise you on your rights and entitlements as soon as possible.
How much WorkCover compensation am I entitled to?
How much WorkCover compensation you are entitled to depends on your situation and the facts of your case. A lawyer should be able to give you a really good idea of how much compensation you’ll likely receive once they know more about your case.
How long does a claim for compensation take?
How long a claim takes to successfully conclude really depends on your situation and the complexity of the case. Once a lawyer knows all the facts of your particular situation they should be able to give you a good indication of how long your claim may take.
How much does it cost to make a WorkCover claim?
Shine Lawyers operate on a No Win No Fee* basis for all compensation claims which means you will only pay our legal fees if we win your claim.
As part of our service, we offer an obligation-free first consultation and home or hospital visits should you be unable to come into the office for any reason.
Where are Shine Lawyers located in Queensland?
Shine Lawyers have offices in the following locations in Queensland and WA. As part of our service offering, home or hospital appointments can be arranged at your convenience.
Why choose Shine Lawyers?
Shine Lawyers have expert No Win No Fee* lawyers that can help you determine your rights and bring forward a claim on your behalf.
Follow the links below to learn more about Shine Lawyers and your legal options: