Is it compensation or damages you are looking for?
In Queensland, the Workers Compensation Scheme provides workers with a number of benefits
if they are injured as a result of their work. These benefits are often referred to as “compo” and include lost wages, medical expenses and costs incurred as the result of an injury.
However, these benefits do not last forever. In order for the scheme to maintain itself, compensation is only payable where a worker is unable to work and/or has an ongoing need for medical attention.
Once a person is able to return to work and their injuries stabilise, WorkCover will cease to provide the worker with benefits.
WorkCover will often say to a claimant that they are “stable and stationary”.
Under the legislation, at this stage a worker is entitled to seek a medical assessment from one of WorkCover’s panel doctors who will determine if the worker has any permanent impairment due to the injury.
If some impairment is found by their doctor, WorkCover will make a lump sum offer to the worker based on the level of impairment (called a “notice of assessment”).
However, workers are not bound to accept the level of impairment, and they may choose to have the assessment reviewed by a different doctor or a panel or doctors.
They can also choose to accept or reject the final offer made by WorkCover.
But is that the end of it? No!
A worker may also defer their decision
to accept a lump sum offer by doing nothing. That’s right – do nothing and the offer automatically defers. But why would you want to defer an offer? Well, by accepting a lump sum offer a worker automatically extinguishes and ends any other rights to further claims that may exist at law. For example, a worker may be able to prove that the injury was caused by an employer’s negligence. In that case, the worker may be entitled to a damages claim which is a significant sum of money compared to the lump sum offer made under a notice of assessment.
It is at this point in time that workers are
often faced with a dilemma to consider,
either accepting a completely guaranteed offer with no risk versus pursuing a significant sum of money that will come at a cost of both time and legal expense and is ultimately exposed to a risk of winning or losing.
These issues are not taken lightly and it is strongly recommended that legal advice is sought to make an informed decision about whether to accept, reject, defer or review a lump sum offer or pursue a common law claim against an employer.
There are strict time limits that apply to certain decisions described above, and as such workers should not postpone or delay making decisions and seeking advice.
This article provides general information only and specific legal advice should be sought in order to make any decision in a specific case. Do not rely on this information as legal advice as to do so may not result in your desired outcome.
