If you have suffered a permanent impairment as a result of workplace injuries, WorkCover will issue a Notice of Assessment that will offer tax free lump sum compensation. The amount is based on the percentage score of the Degree of Permanent Impairment (“DPI”).
In our experience, there have been many instances where a person is unhappy with what they are offered. However, accepting an offer is not the only option available to you and it may be possible to secure greater compensation, depending on the alternative steps taken.
Readers should take note of the following options.
Accepting the offer
If the DPI assessed is below 20%, accepting the offer will mean that you can no longer sue your employer for potentially greater compensation for injuries they could be at fault for. The legal profession calls such claims “claims for common law damages”.
However, in cases where the DPI is at or above 20%, you can both accept the offer AND sue you employer for common law damages.
It is important to note that physical and psychological DPIs cannot be added together to meet the 20% threshold. If you want to sue your employer for both your physical and psychological injuries, both sets of injuries must have a 20% DPI or more.
Rejecting the offer
This option should only be taken if your DPI is below 20% and you wish to sue you employer for common law damages. There is otherwise little to gain from rejecting an offer.
Deferring the offer
This just means that you are delaying the decision to accept or reject an offer. If you do not respond to a Notice of Assessment within 20 business days of it being issued, WorkCover will assume that you have deferred the offer.
It is important to note that, if 20 business days have passed with no decision and once your offer is deferred, you will lose your right to seek further assessment with another medical examiner or seek a review with the General Medical Assessment Tribunal.
Seeking further assessment with another medical examiner
WorkCover have the right to choose the examiner for your first assessment. However, seeking a further assessment lets you to nominate the second medical examiner, granted they are on WorkCover’s recognised panel of medical experts. Reassessment by a different doctor does not always mean a better outcome and can sometimes result in a worse outcome.
Even if the second examiner does not assess you as having a 20% DPI or more, the second opinion, which is paid for by WorkCover, could strengthen a common law claim for damages. For example, if your second examiner assesses you as having a 15% DPI as compared to the 7% DPI assessed by the first examiner, it can be helpful to rely on the second examiner’s opinion when claiming damages.
Seeking a review from the General Medical Assessment Tribunal
A review by the General Medical Assessment Tribunal is also an option but has the disadvantage of not allowing you to pick which doctors will sit on the panel that reviews your case. Notwithstanding this, you will have the right to seek a review with the General Medical Assessment Tribunal even after an assessment by a second medical examiner, meaning that the tribunal is often used a last resort when disputing an assessment of permanent impairment.
Should I seek legal advice?
The above information is only a general overview of the options that could be available to you. What option you should take will depend on your specific circumstances. Consultation with an experienced personal injury firm can help you navigate the complexities and maximise your compensation.
vbr Lawyers offer obligation-free consultations with experienced personal injury lawyers to discuss your claim entitlements further.
