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 will include with a monetary offer called Statutory Lump Sum Offer. This offer is intended to cover all of your injuries from the workplace injury from that date onwards. The NOA will also provide the total permanent impairment for the injuries (known as the Degree of Permanent Impairment or “DPI”). The DPI value indicates the seriousness of your injury and it affects your ability to claim damages under common law.
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 for 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.
Our offer to you
Common questions about Workcover Application for Compensation and Notice of Assessment
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.
It’s possible that you may be entitled to make a common law claim for compensation in addition to your statutory claim, and accepting any lump sum offer could prevent this as a further avenue to more appropriate compensation.
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.
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.
If you make a claim through the WorkCover system there are many steps involved. You may have to provide a statement and you may have to attend a WorkCover impairment assessment, among many other things.
It’s very important you seek legal help before any of the abovementioned, so you can put a strong case forward to maximise your entitlements and ensure the full scope and breadth of your injuries are taken into account.
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 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.
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.
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.
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights and bring forward a claim on your behalf.
The below links contain further information regarding your legal options.
Shine Lawyers also have accredited specialists in personal injury law in Queensland:
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