If you have made a claim with WorkCover Queensland and have been issued with a Notice of Assessment, here are some important things to know.
What is a Notice of Assessment?
This is a document issued near the end of what the legal profession calls a “statutory claim”, that is, a claim for benefits through an employer’s workers’ compensation insurer. In most cases in Queensland, this insurer will be WorkCover.
If you have suffered a permanent impairment as a result of workplace injuries, the Notice of Assessment will offer tax free lump sum compensation. The amount is based on the percentage score of the Degree of Permanent Impairment (“DPI”). Separate DPIs and separate offers are given for your physical injuries and psychological injuries. Higher DPIs will result in more lump sum compensation being offered. If the DPI is 0%, no compensation is offered.
When are Notices of Assessment issued?
A Notice of Assessment signals the end point of the statutory claim. In our experience, WorkCover will usually organise a Notice of Assessment if you cannot return to work or have become restricted in the work you can do because of your injuries AND doctors have confirmed that there is no further treatment or rehabilitation that could improve your physical and psychological conditions, which would indicate that you have sustained a permanent impairment.
If the above conditions are met, WorkCover will engage one or more independent medical experts to examine you and assess your DPI. WorkCover will then issue a Notice of Assessment based on the reports produced by these experts.
It is important to note that you have the right to request that WorkCover organise a Notice of Assessment yourself. This is the case even if you have fully returned to work. It is entirely possible for a worker to have sustained a permanent impairment despite returning to work.
It is not standard practice for WorkCover to organise Notices of Assessment for every single statutory claim made and many claims have been closed without an assessment. There have been many instances where our firm has informed workers of their rights, has helped them successfully reopen their statutory claims years after they have been closed and has obtained for the worker a Notice of Assessment and lump sum compensation.
Should I accept a Notice of Assessment?
There are notable consequences for accepting any offer.
First, accepting the offer relinquishes your right to have your DPI assessed by another expert or the General Medical Assessment Tribunal, if you do not agree with the opinion of the experts chosen by WorkCover.
Second, if the DPI is below 20%, accepting the offer will mean that the worker can no longer sue their employer for potentially greater compensation for injuries they could be at fault for. The legal profession calls such claims “claims 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.
Should I seek legal advice?
The above information is only a general overview of Notices of Assessment. Whether or not a person should be actively seeking a Notice of Assessment or accepting an existing offer will depend on things such as the severity of their injuries and whether or not their employer can be held liable for causing their injuries.
Once a Notice of Assessment is issued, you will have 20 business days to respond to it. Readers are encouraged to have regard to this timeframe when considering whether or not to enquire with a solicitor.
vbr Lawyers offer obligation-free consultations with experienced personal injury lawyers to discuss your claim entitlements further.
